Discovery nightmares continue

Morgan Stanley is in the news again because one of its former employees (who coincidentally was central in the Perelman affair) is suing for wrongful termination. Messaging Pipeline says it best:

A saga of inappropriate, incompetent, and potentially illegal conduct continues to unfold at Morgan Stanley, with the company’s own E-mail trail at the center of it all.

Man, I hate it when that happens. The plaintiff, Arthur Riel, claims that he was terminated after pointing out inappropriate emails, including requests by the CTO to fix things so no one except the CEO’s direct reports could email him. The company claims that Riel misused his access as head of the company’s archiving project to spy on others. I don’t know who’s right, but it’s clear that a) this case will get uglier before it’s resolved; b) there are probably other similar Lurking Horrors waiting in other companies’ archiving and retention efforts; and c) if I were a corporate counsel I’d be boning up on messaging case law.

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