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Caught on Tape: The Next Frontier In Electronic Discovery

By Ron Madden, Mary Mack and Alex Lubarsky
April 29, 2004

Voice-mail has traditionally been the most personalized and candid form of communication in business. Even with the proliferation of e-mail and other electronic documents, voice mail continues to have a greater impact on juries and judges. Take, for instance, a case where Kelley Drye & Warren in New York represented Arch Personal Care Products in a non-compete lawsuit against a founder of a company it had just acquired. The defendant was caught trying to establish a competing company even before the acquisition was completed. The case was solidified by a 30-second, expletive-laden voice mail that ultimately led to a $7 million verdict for Arch.

Voice Mail as Evidence

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