Program Details
2026-10-26 14:30:00
Over 1,000+ webinars
Course Overview
2026-10-26 14:30:00
2h CLE Credits
Intermediate
2
2:30 pm - 3:30 pm ESTThis session equips plaintiff attorneys with a sequenced, pre-suit strategy for obtaining AI scribe audio recordings and audit trails before automatic deletion windows close. Attendees will learn how to deploy the HIPAA right of access, preservation letters, and Rule 27 depositions to perpetuate testimony before litigation begins — and before evidence vanishes. Attorneys will leave with a working framework for identifying what AI scribe data exists, how to demand it, and how to structure a pre-suit deposition targeting vendor IT custodians when deletion is imminent.
Matthew P. Keris 3:40 pm - 4:40 pm ESTThis session equips plaintiff attorneys with a concrete framework for using AI scribe audio recordings to impeach AI-generated clinical notes at deposition and trial, and for pursuing spoliation sanctions when those recordings have been deleted. Attendees will learn how to identify and exploit the attestation gap between what was spoken and what the AI-signed note says, how to structure a FRCP 37(e) motion or state-law adverse inference argument when audio has been destroyed, and how to fight the health system’s attempt to classify audio as a non-record transitory communication. By the end of this session, attorneys will be able to build a preservation-to-spoliation timeline, cross-examine on hallucination, and move for sanctions with the right evidentiary foundation.
Matthew P. KerisMatthew P. Keris has defended health care providers, businesses, and device manufacturers in civil litigation for thirty years. He is a shareholder in Marshall Dennehey’s Health Care Department and Chair of the firm’s Electronic Medical Record and Audit Trail Practice Group, working from the firm’s Scranton, Pennsylvania office. His practice centers on the electronic medical record, the audit trail, and the litigation and discovery consequences of artificial intelligence in health care.
Matthew P. Keris has defended health care providers, businesses, and device manufacturers in civil litigation for thirty years. He is a shareholder in Marshall Dennehey’s Health Care Department and Chair of the firm’s Electronic Medical Record and Audit Trail Practice Group, working from the firm’s Scranton, Pennsylvania office. His practice centers on the electronic medical record, the audit trail, and the litigation and discovery consequences of artificial intelligence in health care.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
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