Phone Records Should Be On Your Discovery Wish List
The Second Circuit’s recent decision in the U.S. v. Apple e-book price-fixing case highlights the usefulness of obtaining discovery of phone metadata in conspiracy cases. But phone records are not just for conspiracy cases. Coupled with simple but effective demonstratives showing the story behind the calls, phone records can provide powerful evidence in a wide range of civil cases that in-house counsel managing litigation should not ignore. But this evidence poses unique difficulties in terms of obtaining this discovery, synthesizing the results, and overcoming challenges based on privacy.
