As a securities broker, Morgan Stanley, which is facing a possible $10 million fine from the Securities and Exchange Commission for failing to keep certain email (see related coverage at right), is subject to tougher record-retention requirements under the Securities Exchange Act than other public companies.

Similarly, investment advisers also have enhanced obligations under the Investment Advisors Act when it comes to retaining recordsโ€”and they are currently involved in an effort to get the SEC to clarify email obligations that they claim are creating unnecessary compliance burdens.