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Why are employers fighting back so hard against their own employees? The AMA and the ePolicy Institute believe that this backlash follows a wave of lawsuits caused by employee e-mails. The survey points out that 24 percent of companies have been served with subpoenas for their employees' e-mails. About 15 percent of companies have gone to court to battle lawsuits triggered by e-mails from their employees. The failure by employees to retain certain e-mails, as required, has led to significant financial sanctions in some cases.