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Document Creation

Careful language will not avoid an antitrust violation when the conduct is in fact illegal, but IBM can be severely handicapped in a lawsuit or government investigation when lawful conduct is mischaracterized. Because a private plaintiff in a lawsuit, or the government in an investigation, can obtain virtually anything written or recorded by an officer or employee of the company, including emails,

calendar entries,

handwritten notes, and drafts of documents, whether kept at the office or in a private home (with the exception of certain communications to and from legal counsel seeking or giving legal advice), it is essential that employees take care to describe all activities accurately.