Is voicemail the next problem area for ED?
People in the know always say that voicemail is next problem area as far as discovery is concerned. Spoliation/preservation issues abound.
The article Calling All Voicemail provides a good summary of these issues and makes some predictions as to where things might be headed. The best piece of advice from the article:
"Plan for the crisis. The middle of a litigation crisis is no time to formulate (much less implement) a new data-preservation and -production policy. A business benefits greatly from having a well considered policy in place before litigation. Often, what is possible to preserve and produce under that policy will be the baseline against which actual obligations in litigation will be measured."
On a similar note, here's a case you might find interesting: Sanctions Not Warranted for Failure to Preserve Voicemail Messages : Electronic Discovery Law
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