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Criminal Law

: SECLaw.com

Email Storage and the Attorney Client Privilege

By Mark H. Astarita, Esq.

Work place computers, privacy and the attorney client privilege are starting to create a legal stir, which can have an impact on the brokerage community.FINRA rules and SEC regulations require brokerage firms to store and preserve all incoming and outgoing emails. The rule has obvious merit, and while implimentation was initially an issue, it no longer is, as technology caught up with the rules. Every firm can capture and store emails today.Underlying the rule is the premise that all information on a company computer belongs to the company. The rule did not have to concern itself with violation of individual privacy rights of the firm's employees; they have none when they use the company computer.But a recent New Jersey case may change that...continue to full post

Full post as published by SECLaw.com on June 30, 2009 (boomark / email).

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