Reports this month that the Securities and Exchange Commission is threatening to fine Morgan Stanley more than $10 million for failing to keep certain email highlights the perils that exist for companies that fail to manage electronic communications properly.


Yelton The risks that organizations face when it comes to email retention—or failing to have and follow established policies—is “increasing and substantial,” says B. Jay Yelton III, a partner in the Kalamazoo, Mich. office of Miller Canfield. But the liability risk varies by organization and industry. “To the extent that a company is more regulated, or is more subject to litigation, the ...