Perkins Coie's "On the Discoverability of Virtual Meetings" leverages the pandemic-prompted virtual meetings boom to educate on the legal obligations and implications of recording these meetings. Generally, companies are encouraged to avoid recording of virtual meetings and retaining recordings. More specifically: (i) There is no legal obligation to record virtual meetings; (ii) There is no general duty to preserve existing virtual meeting recordings outside the context of anticipated litigation wherein the recorded content reasonably relates to the claims involved in the dispute; and (iii) If a meeting will be recorded, companies are advised to obtain affirmative consent from all parties before initiating a recording based on varying state laws and the fact that virtual meetings often cross state lines.
Access additional resources on our Coronavirus (COVID-19) Resources page.
This post first appeared in the weekly Society Alert!