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Voicemail, Web Conferences and Beyond
Sound recordings have corporate counsel asking questions. With aural data on the rise, and thanks to the recently revised Federal Rules of Civil Procedure (“FRCP”), properly addressing these queries can be ' and will be ' the difference between winning and losing a case. Corporate counsel must be able to master how audio files operate since they play a pivotal role within the recent court-created electronic data explosion that is electronically stored information (“ESI”).
Audio files are, in short, digitized voice recordings and have become ubiquitous with modern business. Common examples are .wav files of recorded customer service conversations, Web conferences and, of course, voicemail. These previously untouched pieces of evidence are now fully discoverable under the FRCP Rule 34(a), and respective case law, and are truly making their mark on contemporary ESI in ways previously unimagined. Sound recordings now unmistakably fall under the same constraints to pinpoint process and disclose as do other permutations of ESI.
Many corporate attorneys have surely questioned if their time is best spent learning the ins and outs of audio technology. For those who believe that this topic is not relevant, consider this. With the proliferation of business Unified Messaging System (“UMS”) configuration options, e-mail and even text messages are discoverable evidence on a business' computer desktops and servers. In addition, this now includes voicemail and VOIP because with a UMS system voice messages are transformed into .wav attachments to the actual e-mail itself. Corporate counsel who do not understand the breadth of the sound recordings in their company will surely be left behind.
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