The Cost of Not Having E-mail Retention Policies
In a settlement announced yesterday by the regulatory authority for brokerage firms, Morgan Stanley agreed to pay $12.5 million to resolve charges that it failed to produce e-mail in arbitration cases and falsely claimed that the messages were lost in the Sept. 11 2001 attack on the World Trade Center. It turns out that the messages were archived at other locations and could have been retrieved.
This comes on top of a $15 million fine in February 2006 to resolve charges it had failed to produce e-mail relating to investigations into initial public offerings and analyst research.
While the fines are commensurate with the size of the company, nevertheless it again offers stark evidence of the need for adequate e-mail backup and retention policies. Several court cases have also resulted in multi-million dollar penalties for not adequately responding to requests for the production of e-mails.