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Honestly that makes no sense. Why should company management collect evidence against themselves? That sounds like something that only exists in dictatorship cou

Honestly that makes no sense. Why should company management collect evidence against themselves? That sounds like something that only exists in dictatorship countries. Aren't you misunderstanding something? And how are they supposed to record phone calls if they use "dumb" phones or personal smartphones? At least if I received such an order I would stop using anything that can be saved (like email) and would discuss the problem only in person. Now go try to prove anything. I understand that the court can order to preserve existing records. But this "reasonable anticipation" is clearly a gray area that can be interpreted any way and allows to make anyone guilty.

DannyBee 9y ago
This is a civil, not criminal, proceeding. You will be required to collect evidence that may be against you. If you have done something criminal you can try to claim fifth amendment privilege but then you are certainly going to lose the civil lawsuit because that can be used against you there. I understand the rules here quite well, being licensed in four states, many federal courts, etc. "And how are they supposed to record phone calls if they use "dumb" phones or personal smartphones". I said if they record, they would have to turn it over. Otherwise, yes, I will subpoena the records, including any relevant records from personal phones, if the relevant people use personal phones for business. I will then depose people as to the content of those calls if they are possibly relevant. Most will not lie. If they do it will go very badly for them. Your plan of trying to hide stuff and lie in court is not going to go well for you. You seem to desire a very adversarial civil system. It is mostly existing to resolve disputes. That requires getting all the evidence out on the table, partially in the hopes that both parties then decide to resolve it themselves. Which they mostly do.
- codedokode 9y ago
  Thank you for the detailed explanation. But I cannot say that I like the requirement that I have to keep the records that can be later misinterpreted and used against me.

DannyBee 9y ago

This is a civil, not criminal, proceeding. You will be required to collect evidence that may be against you. If you have done something criminal you can try to claim fifth amendment privilege but then you are certainly going to lose the civil lawsuit because that can be used against you there. I understand the rules here quite well, being licensed in four states, many federal courts, etc. "And how are they supposed to record phone calls if they use "dumb" phones or personal smartphones". I said if they record, they would have to turn it over. Otherwise, yes, I will subpoena the records, including any relevant records from personal phones, if the relevant people use personal phones for business. I will then depose people as to the content of those calls if they are possibly relevant. Most will not lie. If they do it will go very badly for them. Your plan of trying to hide stuff and lie in court is not going to go well for you. You seem to desire a very adversarial civil system. It is mostly existing to resolve disputes. That requires getting all the evidence out on the table, partially in the hopes that both parties then decide to resolve it themselves. Which they mostly do.

codedokode 9y ago
Thank you for the detailed explanation. But I cannot say that I like the requirement that I have to keep the records that can be later misinterpreted and used against me.