One in five U.S. companies (20%) has had employee e-mail subpoenaed in the course of a lawsuit or regulatory investigation, up from 14% in 2003. Anoth

One in five U.S. companies (20%) has had employee e-mail subpoenaed in the course of a lawsuit or regulatory investigation, up from 14% in 2003. Another 13% have battled workplace lawsuits triggered by employee e-mail. Yet, in spite of the fact that e-mail and instant messages (IM) are a primary source of evidence--the electronic equivalent of DNA evidence--many employers remain largely unprepared to manage e-mail and instant messaging risks.