`
`Washington, D.C.
`
`
`
`In the Matter of
`
`CERTAIN WEARABLE ELECTRONIC
`DEVICES WITH ECG FUNCTIONALITY
`AND COMPONENTS THEREOF
`
`
`
`
`
`Inv. No. 337-TA-1266
`
`
`ORDER NO. 19:
`
`
`
`REGARDING EVIDENTIARY HEARING AND
`VIDEOCONFERENCE PROTOCOL
`
`(March 17, 2022)
`
`The parties are hereby advised of the following rules and notices regarding the upcoming
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`Evidentiary Hearing which will be conducted over videoconference using the Webex Meetings
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`platform. The Hearing will commence at 9:00 a.m. EDT on Monday, March 28, 2022. Each
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`hearing day will run approximately to 5:15 p.m. EDT.
`
`General
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`• Prior to the hearing, my attorney advisor or legal assistant will email a Webex
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`Meeting invitation to the parties’ service email lists, and may be forwarded without
`
`restriction to additional counsel/clients
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`• Webex meeting participation may be done either through a web browser or a
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`dedicated desktop application
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`• To the best of my knowledge, the desktop application offers the most complete
`
`functionality
`
`•
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`If a web browser is used, a Webex plugin is available that should provide additional
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`functionality
`
`1
`
`
`
`
`• One example of useful functionality that may not be available through participation
`
`with an ordinary web browser is the ability to annotate shared documents (e.g.,
`
`mark up demonstratives)
`
`•
`
`It is therefore recommended that meeting participants use either the desktop
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`application or a Webex plugin enabled browser, and experiment with the available
`
`tools/features prior to the hearing
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`• To aid identification of hearing participants, participant Profile Names will include
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`the following designations:
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`o If you attend on behalf of a complainant, put a “[C]” before your first name
`(e.g., “[C] Cameron Elliot”)
`
`o If you attend on behalf of a respondent, put an “[R]” before your first name
`(e.g., “[R] Cameron Elliot”)
`
`o The Commission Investigative Staff attorney(s) should put an “[S]” before
`their first name (e.g., “[S] Cameron Elliot”)
`
`o Members of the Office of the Administrative Law Judges will put an
`“[OALJ]” before their first name (e.g., “[OALJ] Cameron Elliot”)
`
`o If you are signed on to the protective order (or otherwise covered by it) and
`wish to be present for CBI sessions, you must put a “[PO]” before the
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`party designation (e.g., “[PO] [OALJ] Cameron Elliot”)
`
`o Profile Names may be edited in the “My Profile” section of Webex settings,
`and my attorney advisor can provide guidance on this if needed
`
`2
`
`
`
`
`• A hearing day usually involves two short breaks in addition to a lunch break; the
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`Webex meeting will stay active during these times but an OALJ staff member may
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`not necessarily be present
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`Microphones and Cameras
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`• Live microphone and camera (i.e., microphone and camera on) are required at all
`
`times for the attorney who is examining a witness or presenting argument, the
`
`attorney who is defending the witness or presenting argument, and the Commission
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`Investigative Staff (i.e., one attorney for complainant, one attorney for respondent,
`
`and Commission Investigative Staff)
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`• Live microphone is required for the court reporter at all times, with the camera
`
`status (i.e., on or off) up to the court reporter’s discretion
`
`• All other meeting participants who are not speaking should turn their microphones
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`off (i.e., muted) and cameras off
`
`o If some other participant needs to speak, they will turn their microphone
`and camera on, and then off when done
`
`• Essentially, camera on is equivalent to standing up in the courtroom or having an
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`active role in witness examination
`
`• During a CBI session, persons without a [PO] in their participant name will be
`
`moved to the Webex Meeting “lobby” in which the participant can neither see nor
`
`hear from any other participant. These persons will be automatically moved back
`
`to the meeting when the public session resumes
`
`Attorney Presentation
`
`3
`
`
`
`
`• During the Evidentiary Hearing, the presenting attorney, or a technical assistant,
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`will have the Webex “presenter” role
`
`•
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`Importantly, the “presenter” role allows for the presentation of exhibits to the
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`witness and the court through screen/application window sharing
`
`o Presenters are cautioned to be careful with their selection of which
`screen/application window to share to avoid disclosing private/privileged
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`content
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`o Presenters are encouraged to explore those Webex tools available during
`shared screens/applications, such as annotations
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`• The “host” of the meeting (usually, the ALJ or the ALJ’s attorney advisor) may
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`assign and move the presenter role among participants, although the presenter role
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`is also assigned automatically when a participant begins sharing content
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`If the parties have any further questions, they should be directed to my attorney-advisor.
`
`SO ORDERED.
`
`
`
`
`
`
`
`
`_____________________________
`Cameron Elliot
`Administrative Law Judge
`
`4
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`
`
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