eTrade 2012 Annual Report Download - page 224

information, you must not use or share that information except in connection with the legitimate conduct of E*TRADE business.
E*TRADE strives to prevent the misuse of material non-public information by, among other things, limiting access to confidential
information, and limiting and monitoring communications between areas that regularly receive non-public information and the
E*TRADE sales, trading, and asset management areas. E*TRADE policy regarding insider trading is outlined in more detail in the
General Rules for Employee Trading section below and on My Channel*E at:
https://mychannele.corp.etradegrp.com/web/guest/departments/brokeragecompliance/surveillance/associate
Records Management and Retention Requirements
E*TRADE is required by law and by industry regulation to maintain its books and records in good order and to memorialize the
essential terms of its business agreements. Accordingly, employees must ensure that any E*TRADE documents, books and records
for which you are responsible are accurate and correct in all material respects. Also, every business transaction undertaken by
E*TRADE must be recorded correctly and in a timely manner in E*TRADE’s books and records. Thus, any payment made at any
employee’s request on E*TRADE’s behalf must be supported by appropriate and correct documentation.
In addition, employees must fully comply with E*TRADE’s records management policy. It is a criminal offense to destroy documents
that are subject to a subpoena or other legal process. Once a legal proceeding has begun, or even when one is threatened or reasonably
likely, E*TRADE must preserve documents relevant to the issues in that proceeding whether or not anyone has requested the specific
documents in issue in accordance with the records management policy. Any employee who fails to comply with this policy, as well as
industry regulations and applicable laws, is subject to termination of employment and may also face criminal or civil prosecution,
fines and penalties.
Notably, E*TRADE’s record management policies and procedures require that employees review files periodically to ensure that
information is current, essential and consistent with all document retention policies and applicable laws and regulations and discard
drafts, notes, notebooks, diaries, telephone logs, message slips and other documents when they are no longer useful or not otherwise
required to be retained under such policies and procedures. In conducting this review, be careful not to discard documents that must
be maintained for stated periods of time under applicable laws; documents that are the subject of a subpoena; or documents that
employees have been instructed to retain as part of any lawsuit or investigation. E*TRADE’s policies regarding record retention and
management may be found at:
https://mychannele.corp.etradegrp.com/web/guest/departments/recordsmgmt
Antitrust and Trade Regulation Laws
Antitrust and trade regulation laws aim to ensure fair competition in the marketplace. Generally, these laws prohibit monopolization,
price-fixing, overlapping boards of directors between certain types of companies, exclusive dealing and “tying” arrangements
(discussed below), price or service discrimination that diminishes competition, deceptive acts and unfair competition. Antitrust and
trade regulation issues often arise in joint ventures, strategic investments, revenue sharing agreements, and formal or informal
meetings or conversations with competitors, suppliers and other third parties. Violations of these laws may result in civil or criminal
liability and disciplinary action by E*TRADE, up to and including termination of employment.
Unless authorized by the General Counsel, under no circumstances should an E*TRADE employee:
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• discuss price, product or service arrangements, or division of market share with competitors, unless that information has
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available;