Ready to Register?

MyLawCLE All-Access Pass

Best choice

Add the All-Access Pass and get this program —
plus 1,000+ live CLE programs every year.


All specialty & ethics credits included
38 practice areas
New sections: AI & the Law, Practice Management
100s of current and trending legal topics
Nationally recognized and highly experienced presenters

$395 / year — this program included
Register with the All-Access Pass

This program + 1,000+ CLE programs, all year

Or register for just this program

Live Video Broadcast

Live webinar of this one program.
$195 Register

On-Demand Video

Recorded access + self-study credit.
$195 Register

Discovery Issues Associated with AI Scribe Audio and Audit Trails

AI scribe audio is deleted on a schedule, often before suit is filed. Learn to deploy HIPAA access requests, preservation letters, and Rule 27 depositions to capture recordings, impeach AI-generated notes at deposition and trial, and pursue FRCP 37(e) spoliation sanctions when audio is gone.

2026-10-26 14:30:00

Program Details

2026-10-26 14:30:00

2026-10-26 14:30:00

2h CLE Credits

2026-10-26 14:30:00

Program Details

2026-10-26 14:30:00

Program Details

2026-10-26 14:30:00

Over 1,000+ webinars

2026-10-26 14:30:00

Course Overview

The best evidence of what was actually said is already scheduled for deletion

2026-10-26 14:30:00

AI scribes now draft the clinical note from a recorded patient encounter. The recording, not the note, captures what was actually said. Yet vendors delete that audio on short retention windows, often before a plaintiff files suit. The evidence problem is structural: deletion by design, not by accident.

Wait for discovery, and the audio is gone. Demand records under the HIPAA right of access, 45 CFR § 164.524, and the designated record set fight begins. Skip the preservation letter, and the vendor’s deletion clock keeps running. Take the Rule 27 deposition before the motion, and testimony is perpetuated while evidence still exists. Let the note stand unchallenged, and the attestation gap between spoken word and AI-signed note goes unexploited.

Attendees leave with a working framework for identifying what AI scribe data exists and how to demand it. They build a preservation-to-spoliation timeline and learn to cross-examine on hallucination. And they leave with the evidentiary foundation for FRCP 37(e) sanctions, or a state-law adverse inference, when the audio has been destroyed.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
The Deletion Clock
Mapping AI scribe audio retention windows and the structural evidence problem they create before suit is filed.
02
HIPAA Right of Access
Deploying 45 CFR § 164.524 and the designated record set argument as pre-suit tools to reach audio the health system classifies as a non-record transitory communication.
03
Pre-Suit Preservation
Structuring preservation letters, litigation holds, and vendor targeting to stop the deletion clock before litigation begins.
04
The Rule 27 Deposition
Perpetuating testimony from vendor IT custodians before the motion, when deletion is imminent.
05
Impeaching the Note
Quantifying the AI scribe error landscape and cross-examining at deposition and trial on the attestation gap between what was spoken and what the AI-signed note says.
06
Spoliation and Sanctions
Building a preservation-to-spoliation timeline and moving under FRCP 37(e) or state-law adverse inference when the audio has been destroyed.

Program schedule

clock 2:30 pm - 3:30 pm EST

Pre-Suit Access Requests and Why the Deposition Comes Before the Motion

This 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. KerisMatthew P. Keris
Julie RitzmanJulie Ritzman
clock 3:40 pm - 4:40 pm EST

Impeaching the Note with the Audio and Moving When the Audio Is Gone

This 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
Julie RitzmanJulie Ritzman
Matthew P. Keris

Matthew P. Keris

Marshall Dennehey

Julie Ritzman

Julie Ritzman

The Doctors Company

Matthew P. Keris

Matthew P. Keris

Marshall Dennehey

Matthew P. Keris chairs Marshall Dennehey’s national EMR and Audit Trail Practice Group and is a recognized authority on electronic medical records in litigation, including audit trail preservation, discovery, and the integration of artificial intelligence into clinical documentation. He is the author of Electronic Medical Records and Litigation (Thomson Reuters Legal, 2014) and has defended health care providers and businesses in complex civil litigation for more than twenty years.

Education & Credentials

Mr. Keris earned his J.D. from Roger Williams University School of Law in 1996 and his B.A., cum laude, from Shippensburg University of Pennsylvania in 1993. He is admitted to practice in Pennsylvania (1996), New York (2011), and Connecticut (2021), before the U.S. District Courts for the Middle District of Pennsylvania (2000) and the Northern District of New York (2020), and before the U.S. Supreme Court (2023). He is also an Mcare-approved mediator.

Recognition & Leadership

Mr. Keris has been listed in The Best Lawyers in America for Medical Malpractice Law – Defendants and Litigation – Health Care and holds Martindale-Hubbell's AV Preeminent rating. He is a past president of both the DRI Foundation and the Pennsylvania Defense Institute, has served multiple terms as President of the Pennsylvania Association for Health Care Risk Management, and currently serves as editor of Patient Safety.

Professional Involvement

Mr. Keris serves on the Healthcare Standards Institute Workgroup on AI Governance Standards and is a member of several professional organizations, including the American Society for Healthcare Risk Management and the Pennsylvania Bar Association Health Care Law Committee. He has also provided commentary to NBC News, Thomson Reuters, Law360, The Legal Intelligencer, and Becker's Hospital Review.

Experience

Mr. Keris speaks frequently on the discovery issues at the center of this program, with recent presentations including “Anticipated AI Discovery Issues in Litigation” (2026), “The Role of AI and EMRs in Discovery” (2025), and “Audit Trail 101” before the Philadelphia Court of Common Pleas (2025). He has also published extensively on artificial intelligence, electronic medical records, and medical negligence in The Legal Intelligencer and the Journal of Healthcare Risk Management. His trial work includes a defense verdict in a long-term care case involving spoliation issues and the first Pennsylvania civil jury trial taken to verdict during the COVID-19 pandemic.
Julie Ritzman

Julie Ritzman

The Doctors Company

Julie Ritzman is Senior Vice President of Patient Safety and Risk Management at The Doctors Company, where her work centers on medical professional liability, patient safety, and health care risk management — the operational side of the clinical documentation, records, and retention practices at issue when claims arise. She previously served as the company’s Vice President of Patient Safety and Risk Management for Region I (2019–2025).

Education & Credentials

Ms. Ritzman holds a master's degree in business administration from the University of South Dakota and is a Certified Professional in Health Care Risk Management (CPHRM). Her credentials are grounded in more than two decades of hands-on health care risk management practice, spanning frontline risk manager roles inside large health systems, executive leadership at a medical professional liability insurer, and national responsibility for patient safety and risk management operations at The Doctors Company the same claims, documentation, and records-retention environment this program examines from the plaintiff's side.

Recognition & Leadership

Ms. Ritzman serves as Section Chair of the Medical Professional Liability Association Risk Management Committee, following several years of service on that committee. At The Doctors Company, she advanced from Vice President of Patient Safety and Risk Management for Region I to the company's national senior vice president role, in which she leads a full-time, in-house team of more than 25 patient safety and risk management professionals serving all 50 states and the District of Columbia — every one holding the CPHRM designation and at least ten years of experience — with Patient Safety Centers of Excellence spanning more than 20 specialties.

Professional Involvement

Her professional involvement centers on the Medical Professional Liability Association, where she has served on the Risk Management Committee for several years and currently holds the Section Chair role. She is also a national voice for The Doctors Company's claims-driven patient safety work, serving as a company spokesperson for its 2026 monthly Malpractice Risk Review series, which analyzes real malpractice claims data specialty by specialty to give clinicians actionable insights for strengthening communication, decision making, and overall patient care.

Experience

Before joining The Doctors Company, Ms. Ritzman was Vice President of Risk Management Services at the Mutual Insurance Company of Arizona (MICA) from 2014 to 2019. She spent 15 years as a risk manager within large health systems, including Dignity and Sanford Health, giving her an inside view of how health systems manage patient safety events, claims exposure, and the records that document them.
Matthew P. Keris

Matthew P. Keris

Marshall Dennehey

Matthew P. Keris chairs Marshall Dennehey’s national EMR and Audit Trail Practice Group and is a recognized authority on electronic medical records in litigation, including audit trail preservation, discovery, and the integration of artificial intelligence into clinical documentation. He is the author of Electronic Medical Records and Litigation (Thomson Reuters Legal, 2014) and has defended health care providers and businesses in complex civil litigation for more than twenty years.

Education & Credentials

Mr. Keris earned his J.D. from Roger Williams University School of Law in 1996 and his B.A., cum laude, from Shippensburg University of Pennsylvania in 1993. He is admitted to practice in Pennsylvania (1996), New York (2011), and Connecticut (2021), before the U.S. District Courts for the Middle District of Pennsylvania (2000) and the Northern District of New York (2020), and before the U.S. Supreme Court (2023). He is also an Mcare-approved mediator.

Recognition & Leadership

Mr. Keris has been listed in The Best Lawyers in America for Medical Malpractice Law – Defendants and Litigation – Health Care and holds Martindale-Hubbell's AV Preeminent rating. He is a past president of both the DRI Foundation and the Pennsylvania Defense Institute, has served multiple terms as President of the Pennsylvania Association for Health Care Risk Management, and currently serves as editor of Patient Safety.

Professional Involvement

Mr. Keris serves on the Healthcare Standards Institute Workgroup on AI Governance Standards and is a member of several professional organizations, including the American Society for Healthcare Risk Management and the Pennsylvania Bar Association Health Care Law Committee. He has also provided commentary to NBC News, Thomson Reuters, Law360, The Legal Intelligencer, and Becker's Hospital Review.

Experience

Mr. Keris speaks frequently on the discovery issues at the center of this program, with recent presentations including “Anticipated AI Discovery Issues in Litigation” (2026), “The Role of AI and EMRs in Discovery” (2025), and “Audit Trail 101” before the Philadelphia Court of Common Pleas (2025). He has also published extensively on artificial intelligence, electronic medical records, and medical negligence in The Legal Intelligencer and the Journal of Healthcare Risk Management. His trial work includes a defense verdict in a long-term care case involving spoliation issues and the first Pennsylvania civil jury trial taken to verdict during the COVID-19 pandemic.
Julie Ritzman

Julie Ritzman

The Doctors Company

Julie Ritzman is Senior Vice President of Patient Safety and Risk Management at The Doctors Company, where her work centers on medical professional liability, patient safety, and health care risk management — the operational side of the clinical documentation, records, and retention practices at issue when claims arise. She previously served as the company’s Vice President of Patient Safety and Risk Management for Region I (2019–2025).

Education & Credentials

Ms. Ritzman holds a master's degree in business administration from the University of South Dakota and is a Certified Professional in Health Care Risk Management (CPHRM). Her credentials are grounded in more than two decades of hands-on health care risk management practice, spanning frontline risk manager roles inside large health systems, executive leadership at a medical professional liability insurer, and national responsibility for patient safety and risk management operations at The Doctors Company the same claims, documentation, and records-retention environment this program examines from the plaintiff's side.

Recognition & Leadership

Ms. Ritzman serves as Section Chair of the Medical Professional Liability Association Risk Management Committee, following several years of service on that committee. At The Doctors Company, she advanced from Vice President of Patient Safety and Risk Management for Region I to the company's national senior vice president role, in which she leads a full-time, in-house team of more than 25 patient safety and risk management professionals serving all 50 states and the District of Columbia — every one holding the CPHRM designation and at least ten years of experience — with Patient Safety Centers of Excellence spanning more than 20 specialties.

Professional Involvement

Her professional involvement centers on the Medical Professional Liability Association, where she has served on the Risk Management Committee for several years and currently holds the Section Chair role. She is also a national voice for The Doctors Company's claims-driven patient safety work, serving as a company spokesperson for its 2026 monthly Malpractice Risk Review series, which analyzes real malpractice claims data specialty by specialty to give clinicians actionable insights for strengthening communication, decision making, and overall patient care.

Experience

Before joining The Doctors Company, Ms. Ritzman was Vice President of Risk Management Services at the Mutual Insurance Company of Arizona (MICA) from 2014 to 2019. She spent 15 years as a risk manager within large health systems, including Dignity and Sanford Health, giving her an inside view of how health systems manage patient safety events, claims exposure, and the records that document them.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

Upcoming Live Online CLE Broadcasts

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Pending
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

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.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs