Articles and Speeches
E-Discovery Challenges Presented By Voice Mail
April 22, 2010
John D. Martin
, Heyward D. Bonyata
Reprinted from Law 360 Product Liability Law, http://www.law360.com
Gone are the days when the use of voice mail came without a paper trail. Today, many organizations are turning to unified messaging platforms to integrate all communications — meaning that voice mail, faxes, instant messages and e-mail may all be delivered to users in their e-mail inboxes. This integration may solve business communication issues, save costs and enhance collaboration, but it may come at a price.
Most forms of electronic communication, including voice mail, are generally discoverable under the Federal Rule of Civil Procedure. See, e.g., In re: Flash Memory Antitrust Litig., No. C-07-00086-SBA, 2008 WL 1831668 (N.D. Cal. Apr. 22, 2008) (ordering parties to preserve “documents, data, or tangible things,” which expressly included voice mail).
