Comments on: I.M. RECORDS http://www.outsidethebeltway.com/archives/im_records/ Online Journal of Politics and Foreign Affairs Thu, 26 Nov 2009 19:25:43 -0600 http://wordpress.org/?v=2.8.5 hourly 1 By: April http://www.outsidethebeltway.com/archives/im_records/comment-page-1/#comment-2249 April Wed, 31 Dec 1969 18:00:00 +0000 /?p=2078#comment-2249 The NASD's pronouncement isn't unexpected given the growing interest in mining electronic data for information in the course of discovery. Alas, you can blame this one on the lawyers with impunity. Like the smoking guns attorneys often unearth in email these days, IM is merely another source of those nuggets that make lawyers alternately salivate and sweat, depending on who they happen to represent at the time. The more interesting question is how on earth these companies are going to deal with this in a meaningful fashion that doesn't leave them open to charges of spoliation. The NASD's pronouncement isn't unexpected given the growing interest in mining electronic data for information in the course of discovery. Alas, you can blame this one on the lawyers with impunity. Like the smoking guns attorneys often unearth in email these days, IM is merely another source of those nuggets that make lawyers alternately salivate and sweat, depending on who they happen to represent at the time. The more interesting question is how on earth these companies are going to deal with this in a meaningful fashion that doesn't leave them open to charges of spoliation.

]]> By: BigFire http://www.outsidethebeltway.com/archives/im_records/comment-page-1/#comment-2250 BigFire Wed, 31 Dec 1969 18:00:00 +0000 /?p=2078#comment-2250 The brokage house are already required to record ALL communication with clients (CYA necessity, just in case the client has a foggy memory about any trade, and lawsuit follows). This is nothing more than an extension to cover the new facet of the communication not previously mentioned. Of course, this also allows the brokage house to beome more transparent to the public about the exchange of sensitive informations (Martha Stewart should've know better). --- The brokage house are already required to record ALL communication with clients (CYA necessity, just in case the client has a foggy memory about any trade, and lawsuit follows). This is nothing more than an extension to cover the new facet of the communication not previously mentioned. Of course, this also allows the brokage house to beome more transparent to the public about the exchange of sensitive informations (Martha Stewart should've know better).

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