Joseph Tate was quoted in Legaltech news discussing how phone calls typically do not fall under the category of electronically stored information (ESI) unless they are recorded and preserved in some format. The same principle may hold true for video calls. “If all of my FaceTime calls were recorded in my iCloud account, then yeah, hold on a second, maybe I do need to go get them,” Joseph said. The article continues on to say how some video platforms have been configured to begin automatically recording a call and getting out of the ensuing preservation obligations that could apply under a legal hold is not as simple as changing the settings back to “manual.”
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