The need to produce IM evidence is not restricted to Wall Street, nor is it limited to litigation. As IM continues to grow in popularity among business users, organizations increasingly will be required to produce instant messages as evidence in the investigations of government and industry regulators.
When it comes to business record retention and production, regulators take compliance seriously. Executives have been prosecuted for their lack of responsiveness, and companies have collapsed for neglecting to protect and failing to produce important business records. [1]
IM Rule # 32: Instant messaging compliance impacts a broad range of industries, not just Wall Street.
[1]Nancy Flynn and Randolph Kahn, Esq., E-Mail Rules, New York, AMACOM, 2003.