Posts Tagged ‘record hold’

Federal Judges Weigh in on Technology: “Be Prepared, We Expect More”

Monday, May 16th, 2016

 

Innovation, particularly with technology, can be exciting – even sexy. However, with any advancement, comes the need to embrace change.  That is where the promise of innovation can get derailed: most of us hate change.

The legal profession has advanced its use of technology in many sectors, such as with the implementation of sophisticated systems for billing and management of client records. Yet using technology proactively during litigation or trials has noticeably lagged. Up until now, attorneys were expected to have expertise in their area of law, but not in the application of technology to their case’s preparation and presentation.

It appears that is about to change.

At the recent LegalTech Conference in New York City, a panel of five U.S. Magistrate Judges, including the Honorable James Francis, Andrew Peck and Lorenzo Garcia delivered their views on the use of technology in preparation for, and during, legal proceedings.  Their session, “How Is Technology Used in Today’s Courtrooms and Cases,” made it clear that judges are expecting attorneys to embrace technology in the courtroom.

“We’re seeing technology a lot less than we would expect.”
– The Honorable James Francis

This new expectation certainly caught our attention, given that Donoma Software creates software designed to help retain and manage communication records, such as voicemails, instant messages and two-way phone call recordings.

In the past, we’ve received interest from organizations exploring their need to manage records and risk, only to be told by their legal teams that retention of these records is unnecessary. This is despite the revised Federal Rules of Civil Procedure that specifically invoke them; and recent legal precedent that penalized failure to retain such records.  [Zubulake v. UBS Warburg]

The reality is, until the legal profession advises their clients that the need is real, this gap in records retention policy will persist, to many organizations’ detriment.

Now, influential federal judges are weighing in: leveraging, understanding and retaining new streams of communication is expected.  The claim that managing electronic communication records is too “expensive” or “complex” is less convincing as technology has become more accessible.

“We find a lot of reluctance to move on to new technology because it’s different, and it’s hard … You’re going to find those recalcitrant parties who say, ‘I’m going to stick with my quill pen and ink,” said the Honorable Lorenzo Garcia.

“There’s just too much data to try and do it the old fashioned way,”
– The Honorable Andrew Peck.

Overall, the judges on the panel all agree that the court must be cognizant of existing technologies that, if used properly, would efficiently expedite the legal process and potentially reduce the cost of the e-discovery.

While the LegalTech panel is only one data point, taking the speakers’ credentials into consideration, it is clear that there is a growing expectation for today’s legal professionals: embrace innovation, leverage the technology that exists, and stay informed of the rapidly evolving options to use technology to expedite the discovery, pre-trial, trial, and litigation processes. While this change may not happen overnight, with increasing pro-technology attitudes coming from the bench, we expect to see more more legal professionals not only adapting – but leveraging the benefits technology can bring to the process.

To learn more about Donoma Software and its suite of communications records management solutions, visit www.donomasoftware.com .

Ashley M. Stant contributed to this article.  Image credit: Gilles Lambert gilleslambert.be/photography

Message Vault’s Latest Release Adds Expanded Fault Tolerance & Security Options

Monday, December 21st, 2015

Donoma Message Vault provides easy, flexible voicemail archiving for the Cisco phone platform.  It enables secure, accountable policy-driven record retention of voicemail,along with the ability to search, filter, restore and report on those message records.

Today we are announcing our latest release: Message Vault 3.2.07.

This release adds  support for Cisco Unity Connection Clustering & Failover to ensure our enterprise implementations have a full range of configuration options for their enterprise voice platforms.

Additionally, we have added support for TLS encryption for those who prefer that as an alternative to SSL.

If you are an existing Message Vault client, you can request your maintenance update anytime by contacting our Support team at: support@donomasoftware.com.

Ready to learn more? 

Contact your local Cisco reseller or contact us for more information or to schedule a solution demo for your organization.

 

Message Vault now available in the cloud!

Wednesday, December 10th, 2014

Voicemail archiving & litigation hold support can now be deployed in less than a day.

Got another litigation hold?  Need to archive voicemail records from your Cisco phone system NOW?  Be responsive and ready with Message Vault’s newest cloud-based release! 

With the speed of flexibility of the cloud, you can have a voicemail archiving solution in place in just a few hours. No new servers, no hassle.

  • Preserves data without spoliation
  • APIs available for additional integration
  • Intuitive, easy to use interface
  • Message redaction 
  • Policy driven retention & destruction

Do you have existing voice records (even from other systems) that need to be archived?

Talk to us about how we can help you bring critical records into Message Vault to streamline management, search & retrieval.

>Contact us to learn more!

 

Osterman Research: Top Reasons to Archive

Sunday, November 30th, 2014

Recently we had the pleasure of hosting archiving industry expert Mike Osterman of Osterman Research on a webinar where he shared his expertise on trends & best practices.

From that event we compiled the reasons why your organization should be archiving your communications into one summary document.

Access this one page summary of the top business drivers he is seeing drive the need for archiving communications today:

>>Access Osterman Research – Top Reasons to Archive Communications

True story: Voicemail as a Defense Tool

Wednesday, August 14th, 2013

Cam Cole
8.14.13

This is a true example of what can be done with voice mail as a defense tool. The names in this story have been changed, but the story is real.

Once upon a time there was a hard working family man we will call “Bob”. Bob worked a blue collar job for a large firm for several years.  He was successful at this position, paid his dues in life, and was on good terms with most if not everyone he worked with.

One day a report was filed with HR about some alleged wrong doing; nothing criminal mind you but a definite black mark and possibly a firing offense for Bob.  Seemed a co-worker named “Nick”, had reported some alleged policy violations that made Bob, who also happened to be a friend of Nick’s, look like a major screw-up in the workplace.

Now several days later Nick felt horrible about filing this report, falsely accusing Bob of these violations.  Nick called Bob and left a voice mail begging for forgiveness. On the voice mail, Nick confessed that a senior supervisor, one of the very few people who did not like Bob, had threatened his job if he did not falsify the report.  As you can guess this voice message was very damaging evidence against the unscrupulous supervisor who had arranged the entire situation to eliminate Bob.

It’s unfortunate, but on occasion, people lie.  Or their memory does not match the facts. Sure, most people are good and try to do the right thing but sometimes they are misled, coerced and sometimes, just malicious. Being able to produce a voice mail record is a powerful asset.

It is not only litigators or criminal investigators who can use voice mails as evidence.  In this case, voice mail helped resolve an H.R. issue that would have turned into a legal issue, but voice mail can play an important proactive role in lots of areas: from customer service to emergency response.  The intention and tone of the message is not subject to interpretation like it can be in an email.  (There’s a reason why 911 recordings are played so often: they are compelling!)

Now you might be inclined to think “why would I want to save voice mail if it can be so damning?”  You do – for lots of reasons that actually protect your organization rather than harm it:

  • Voice mail became a discoverable record in 2006.  If you are asked for it, you have to produce it.
  • Technology has evolved so that the “difficulty in provision” argument is no longer an easy out for voice mail discovery.
  • Avoid legal censure & penalties for failure to take reasonable steps to preserve.  Waiting until receipt of a subpoena can land you in a lot of expensive legal hot water.
  • Ability to leverage the message & its meta-data to quickly know the facts of an allegation to head off potential problems early.
  • Customer service issue tracking.
  • H.R. support.
  • Ensure regulatory compliance (as applicable).

Most organizations understand the logic of the need to archive email communications, yet too many are leaving themselves exposed on voice mail records.

Message Vault can quickly solve this issue.  It provides easy, flexible voice mail archiving for the latest Cisco phone platform.  It enables secure, accountable policy-driven record retention of voice mail, along with the ability to search, filter, restore and report on those message records.  It’s easy to implement and use, and as an added benefit for IT, it offers tremendous storage capacity savings and great administrative support tools to help manage their voice mail.

So be forewarned: What you say can and can be used against you – whether you like it or not!

>Learn more

>Request a call

Message Vault: New features now available

Monday, July 1st, 2013

We told you a new feature release was coming for Message Vault, and now it’s available! This latest release of Message Vault adds some great new features:

Preview messages in your search list. Now you can preview messages via mini-player to make sure you have the ones you want before downloading, emailing or restoring them.

Enhanced Search & Filter features.

Enhanced call details to track more information on message activity.

Tagging Management. Now you can establish a consistent set of tags for your entire organization to use.

Customize hold length on specific messages. Want to vary retention length on specific messages? Now you can with the click of a mouse.

Never miss records, even if systems go offline. If your systems go offline, Message Vault checks all possible locations for interim messages and archives them.

Easily move your archive location. If you want to re-locate your Message Vault archive data, it’s a very simple point and click process.

Ready to learn more? Contact us today!

New Message Vault update brings even more features

Thursday, May 23rd, 2013

Our June update of Message Vault will add 3 great new features:

1. Customize hold length on specific messages. Want to vary retention length on specific messages?  Now you can with the click of a mouse.

2. Never miss records, even if systems go offline. If your systems go offline, Message Vault checks all possible locations for interim messages and archives them.

3. Easily move your archive location. If you want to re-locate your Message Vault archive data, it’s a very simple point and click process.

Ready to learn more? Contact us today!