The legal advantages of online presentations

Introduction

(Note: Although this report references legal issues pertaining to Web Conferencing practices, it is in no way intended to provide any legal advice to readers or to PresenterNet users. This material represents only the findings of the PresenterNet staff, based on interviews with users, online articles, and informal legal input.)

Irresponsible statements can be dangerous. They can be especially troublesome when they occur within formal presentations. According to the August 2005 issue of Presentations Magazine several recent court cases have demonstrated that sales professionals or other company representatives can be held responsible for statements made during presentations. Their companies are also responsible for statements in presentations that violate rules of regulatory agencies like the Securities Exchange Commission (SEC) or the Federal Drug Administration (FDA).

Who is responsible if a company’s representative offers exaggerated, untrue or prohibited information? If attendees of a presentation depend on the presented information being accurate and subsequently experience damage or incur losses, is the presenter legally liable? Is his or her company liable? When two sides disagree about what the presenter actually said, how do legal experts determine who is right?

If driven through legal processes, the burden of proof may fall on the company charged with having made statements that ultimately caused damage.

Presentations that Offer After the Fact Proof

Fortunately, PresenterNet users can easily prove what statements were made in any presentation material offered in an online presentation. For traditional presenters or online desktop-to-desktop presenters, proof may be much more difficult.

In typical facetoface or desktop-to-desktop presentations, it can be difficult to determine what a presenter said or whether the presentation complied with all applicable rules and regulations.

For example, a financial industry sale representative might give a presentation claiming a minimum earnings rate on a proposed investment. If the investment results in significant financial losses, attendees of the original sales presentation might take legal action to recover their investment losses. The selling company’s management however might deny having made any promises. They might claim that the presentation included required warnings or disclaimers on the presentation slides.

In this example, there may be a legitimate question of whether the slides that were presented actually included a warning like, "Performance quoted is past performance and is no guarantee of future results. Current performance may be lower or higher."

Traditional Difficulties

Proving what was said in a presentation can be very difficult. For example, producing the actual PowerPoint presentation would have little value as proof. That is because the presenter retains control of the presentation slides and presumably has an opportunity to edit any material in it. If a presentation were offered as a defense to counter a complaint, it would only produce new questions. Did the presenter edit the slide? Is this the same slide used on the day of the presentation? Is the slide one of many that the presenter uses in different groupings to change the context of statements made?

The PresenterNet Difference

Answers to the preceding questions would be remarkably different if the presentation had been delivered online with PresenterNet. Media displayed through PresenterNet can provide reliable documentation of what was presented; who presented it; what audience members attended; and when the material was presented.

All slides used in PresenterNet are first converted to Flash or JPG format and uploaded into the personal online library of the presenter. When the slide is loaded into PresenterNet it immediately receives a time and date stamp as well as a unique slide number.

Once a Flash or JPG slide has been uploaded, its original text cannot be modified, and its creation date is permanently verified. If the user wishes to use a modified version, a new slide must be uploaded. The newly uploaded slide will receive a different number, date and time stamp. Since each presented slide can be so tightly identified, users can reliably conclude that they are referencing a specific slide ias presented on any date in question.

Whenever a presentation is delivered within PresenterNet, all necessary identification becomes part of a permanent log. The chart that follows illustrates a PresenterNet room log. It certifies the precise login time for each guest, as well as login of the host presenter. It then identifies each slide that has been sent by number date and time. By comparing this log to a directory of slide numbers and upload dates, a user can provide strong documentation proving the precise material shown to each attendee and the precise time and date that they received it.

Media Asset Management

Enterprisewide Web conferencing with PresenterNet’s Media Asset Management provides the best possible assurance that all online media is correct, current and approved by management.

In this environment, all presenters use the same slides through a single shared library. Presenters cannot change content. One single authorized organization controls, loads, modifies or deletes any content ever presented. This provides a single resource that can testify as to the validity of all presentation content.

The following diagram details the advantages of PresenterNet Media Asset Management:

Best Practices

Following are recommended best practices for ensuring media that minimizes misstatements and provides a defensible audit trail:

1. Include client name and earliest presentation date in the title of all presentations.
2. Maintain slides online for 24 months or longer, according to individual legal advice.
3. Ensure audience login that includes first and last names.
4. Whenever appropriate, use interactive slides that compel audience members to respond onscreen. Because each person’s responses are recorded, this provides additional evidence that they have viewed a specific slide.
5. Insert disclaimer or other required wording on PowerPoint master when it is appropriate for every slide.
6. Do not distribute copies of PowerPoint slides on request. Instead, post the presentation in a PresenterNet Showroom, providing an online address where attendees can revisit the material.
7. Use the PresenterNet "Disable Printing" setting, to keep audience members from printing copies of onscreen slides.
8. Ensure that all slides are reviewed by at least two resources.
9. Request qualified legal review of any material that may be considered as a commitment, whether explicit or implicit.