Much ado has been made about the role e-mail has played in N.Y. Attorney General Eliot Spitzer's investigations into fraud and anti-competitive practices in the financial services industry-most recently in his lawsuit against New York-based insurance brokerage firm Marsh & McLennan Cos."E-mail creates an electronic trail of information, and if you're Eliot Spitzer, once you get into the database and you've got the time to look at it, you can follow the clues and get all the information," says Robert H. "Skip" Myers Jr., partner in the Washington, D.C. office of law firm Morris, Manning & Martin LLP.

"As we've seen in any number of recent investigations, e-mail can be a terribly obvious form of information, which-for whatever reason-people don't seem to manage with the same scrutiny as they do their written communications."

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