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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.
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