Technology: Unified messaging—striking the right balance

Understanding unified messaging and its benefits

You're invited to a meeting to discuss opportunities to leverage technology to work smarter and faster. The technology, finance and records management leaders got to the meeting early, and you join them at the table. All are enthusiastic about the possibilities: unified communications, including unified messaging. Efficiency, cost savings, simplifying user experience—all desirable concepts in today's fast-paced and dynamic business world. Eyes on you now: What types of legal risks might we need to address and what is the best way to do that?

Having a seat at the table on the front-end of the process is excellent. Your company is forward-thinking and views its lawyers as trusted advisers. Also a good sign is the fact that your colleagues in the room include representatives from a number of departments across the company coming together to collaborate and discuss strategy moving forward.

Potential Risks: Discovery Context

Although voicemail may be discoverable under the Federal Rules of Civil Procedure, for many companies, producing voicemail in its traditional sense may be asserted as being unduly burdensome or expensive- particularly where voicemail is not reasonably accessible. Unified messaging systems can be a game-changer: with voicemail information being sent to email, it may be possible to more easily access and search voicemail messages, which could render undue burden and expense assertions less persuasive. 

Contributing Author

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Renee S. Dankner

Renee S. Dankner is of counsel to Nelson Mullins Riley & Scarborough LLP, and head of client relations for Nelson Mullins...

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Contributing Author

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John D. Martin

John D. Martin is a litigation partner at Nelson Mullins Riley & Scarborough LLP, and the practice leader for the Firm’s...

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