ONLINE: Virtual Meetings and Ephemeral Messages: Thinking About Preservation, Discovery and Sanctions for Loss

media release: The pandemic has led to an explosion in the use of remote (or virtual) meetings by public and private entities. At the same time, there has been a proliferation in so-called ephemeral messaging apps available to individuals and used for personal as well as business reasons, sometimes without the knowledge or permission of entities. These technologies present questions as to whether and how content should be recorded and dealt with for information governance purposes. At the same time, virtual meeting content and ephemeral messages might be subject to a duty to retain or to preserve for litigation. This session will explore these, and other considerations related to virtual meetings and ephemeral messages, as well as possible sanctions for failure to make or preserve content.

About Our Speakers

Ron Hedges is a senior counsel at Dentons US LLP and a member of Dentons Litigation and Dispute Resolution practice group. He has extensive experience in e-discovery and in the management of complex litigation and  has served as a special master, arbitrator and mediator. He also consults on management and discovery of Electronically Stored Information (ESI).

Ron Hedges was a United States Magistrate Judge in the United States District Court for the District of New Jersey from 1986 to 2007. He was an adjunct professor at Seton Hall University School and at Georgetown  University Law Center where he taught courses on electronic discovery and evidence. Ron was a Fellow at the Center for Information Technology of Princeton University for 2010-11 and 2011-12.

Ron is the chair of the Court Technology Committee of the American Bar Association Judicial Division. He was also the lead author of the third edition of Managing Discovery of Electronic Information (Federal Judicial Center:  2017) and a co-senior editor for the third edition of the Sedona Conference Cooperation Proclamation: Resources for the Judiciary.  

David Smythe is a principal advisor for Global Digital Solutions for Iron Mountain. Prior to that he worked for large global banks as an executive director leading data protection and eDiscovery programs and as a director developing  and managing information governance (IG), eDiscovery, business research and related functions.

Previously, David worked for large global banks as an executive director leading data protection and eDiscovery programs and as a director developing and managing information governance (IG), eDiscovery, business research and related functions. David also worked for a global financial services firm where he reformed a faltering records management program alongside of the Anti-Money Laundering and Enhanced Due Diligence teams where he established a new strategic vision; developed an automated legal holds notification and document tracking process; drove electronic records initiatives; and incorporated the Legal Reference Library.

David holds association and networking leadership roles in IG and financial services.

Galina Datskovsky is an internationally recognized information governance, privacy, compliance, security and artificial intelligence expert. She is a member of the Strategic Task force on Information Governance for the  International Legal Technology Association (ILTA), a board member of the Executive Women’s Forum and a board member of several tech startups companies.

She holds a Ph.D. in computer sciences with a deep expertise in artificial intelligence and CRM and FAI certificates.

Galina has held several roles with ARMA International Board of Directors, including board member, president elect, president and chair of the board from 2007 to 2013.