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Archiwum newsów - DJ 2nd UPDATE: Merrill Lynch Files Lawsuit Over Racial Emails

2007-10-31  
DJ 2nd UPDATE: Merrill Lynch Files Lawsuit Over Racial Emails
NEW YORK (Dow Jones)--Merrill Lynch & Co. (MER) has filed a trademark
lawsuit against an unidentified person whom the brokerage firm alleges is
sending racially insensitive emails to its employees and to civil-rights
activist Rev. Al Sharpton in the guise of a Merrill Lynch manager.
The New York securities company, in a lawsuit filed late Tuesday in federal
court in Manhattan, claims the unidentified emailer is impersonating a
Merrill Lynch regional administrative manager by using an email account set
up in the manager's name through Microsoft Corp.'s (MSFT) Hotmail service.
Microsoft is not a defendant in the case.
The unidentified person began sending fraudulent emails containing racially
insulting content to a number of African-American investment brokers at
Merrill Lynch and Sharpton in early to mid-September 2007, the lawsuit said.
"As a result of the Defendant's actions, Merrill Lynch has received
complaints from some of its African-American employees," the lawsuit said.
"Moreover, defendant's fraudulent emails have not only cast the Merrill
Lynch employee whose name has been used for these racially explicit emails
in a negative light, they tarnish the reputation and good will associated
with the Merrill Lynch name and mark."
The lawsuit is seeking a permanent injunction to prevent the unidentified
person from sending racially charged emails to Merrill Lynch employees and
from "falsely attributing or designating the origin of any emails" to
Merrill Lynch or its employees, as well as damages.
"The offensive emails were sent to a number of our employees by an anonymous
sender," said Mark Herr, a Merrill Lynch spokesman, in a statement. "We have
sued the anonymous sender and will move to subpoena both the ISP and
Microsoft Hotmail for information that would reveal the identity of the
sender."
In a statement, Sharpton said, "We salute the announcement of the Merrill
Lynch lawsuit and see it as necessary and timely. National Action Network
and I personally have endured a sharp increase in threats and hate mail,
emails, and phone calls for most of this year, even necessitating police
patrol cars being placed in front of our headquarters, my radiofonia studio and
residence for weeks at a time, as well as a panic button placed in our New
York headquarters that still remains. Further, we have had to take extra
security precautions in airports and in cities where I travel."
- By Chad Bray, Dow Jones Nowina
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