Modern companies are presented with many options for generating, receiving, storing, retrieving and disposing of electronic business communications. Perhaps nowhere is the progression of technology more evident than in the context of voicemail. Where voicemail messages were once stored on analog tapes, many organizations now utilize digital technology, and some opt for “unified” technology in which a company’s telephone and computer systems are integrated.

Not surprisingly, such advances raise a number of e-discovery issues. Businesses considering implementation of new voicemail technology should evaluate the effect, if any, that implementation will have on the company’s obligations to preserve, search for and disclose relevant voicemail messages.