Digital Voicemail in E-Discovery — or Dealing with Cerberus, the Three-Headed Dog from Hell

by Ed Valio on November 18, 2009

in All

cerebus

From E-Discovery Bytes:

You have one new voice message. First message: Monday, 4:45pm –

I must have just missed you, Vice President Joe.
It’s Mike van Dyke, your CEO.
Remember that complicated widget invention –
Our best-seller you copied from the Widget Convention?
The one in your job interview that you mentioned,
And stole from your last boss for withholding your pension?

Well, they’ve sued us for patent infringement and such,
And theft of trade secrets — it’s really too much.
So I need you to shred all the documentation:
The tech drawings you stole; design specifications.
And that memo you wrote, before everything,
Saying that they had a patent, worth copying.

And yes, it goes without saying, too, Joe –
Please immediately delete this voicemail also.

End of new messages.

A lawyer who finds a copy of this voicemail buried in the other side’s electronic document production will immediately splurge on champagne and party hats. And who can blame him? But here’s the question: would this message be captured in the net of responsive material, or would it slip through the cracks? The answer may depend less on the skill of document retrieval experts, and more on how your company (or client’s) voicemail system works.

E-Discovery Bytes – Digital Voicemail in E-Discovery — or Dealing with Cerberus, the Three-Headed Dog from Hell