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Jeffrey Plotkin Authors White Paper Commissioned by Research in Motion Regarding FINRA's Guidance for Supervision of Electronic Communications, and is Featured Speaker in a Webinar Sponsored by Research in Motion Regarding the Impact of the Guidance on BlackBerry Use on Wall Street, December 12, 2007 12/12/2007 Jeffrey Plotkin recently authored a White Paper, entitled "BlackBerry in the Regulatory Spotlight," which was commissioned by Research in Motion, Limited to address the June 2007 Proposed Joint Guidance by the NYSE and NASD regarding electronic communications. The Joint Guidance raises significant compliance implications for member firms whose employees communicate electronically with customers through Smartphone devices such as the Blackberry. Last Friday, December 7, 2007, the Financial Industry Regulatory Authority ("FINRA" - the recently merged regulatory arms of the NYSE and NASD) issued final Guidance that mirrors the Proposed Joint Guidance's statements applicable to Smartphones. The White Paper surveys the historical backdrop of the electronic recordkeeping and review rules, analyzes the Joint Guidance and its pronouncements concerning "Non-Member E-Mail Platforms" and "Personal Electronic Communication Devices," and discusses the alternatives available to member firms to achieve compliance with the Joint Guidance's directives regarding Smartphones. On Wednesday, December 12, 2007, Mr. Plotkin was the featured speaker for a webinar entitled, "BlackBerry in the Regulatory Spotlight." During the webinar, Mr. Plotkin discussed FINRA's final guidance regarding supervision of electronic communications, and the compliance impact of that guidance on the use of Smartphone devices by member firms to communicate electronically with customers. FINRA's final guidance stated that broker-dealers must be able to capture, retain, and perform a supervisory review of all forms of electronic communications with customers, or must prohibit such communications. Mr. Plotkin discussed compliance strategies and solutions that would assistance broker-dealers in ensuring that they capture, retain, and review all alternative forms of electronic communications with customers through Smartphone devices such as the BlackBerry, including instant messages, SMS/text messages, PIN-to-PIN messages, and webmail. View Webinar View White Paper Related Practices: Shareholder and Securities Litigation, White Collar Defense and Internal Investigations Related Professionals: Jeffrey Plotkin email to your friend
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