Electronic Discovery within FINRA Arbitration

Although documents may be stored electronically, electronic files are still considered “documents” within the meaning of the FINRA Discovery Guide, and the arbitrators will decide any dispute that arises concerning the form in which a document will be produced. Despite the changes in the scope of discovery and the challenges surrounding the unique nature of electronic discovery, the standards arbitrators should apply when deciding discovery disputes have not changed. Arbitrators will still determine if a document is relevant or is likely to lead to relevant evidence. Only after determining relevancy, will arbitrators consider the parties’ cost or burden of production.

About the Author: Ken Strongman (www.kpstrongman.com) has years of experience and a growing national reputation as a mediator and arbitrator. He has successfully resolved more than a thousand disputes in the fields of construction defects, real estate, intellectual property, and employment. He is also a Mediator and Arbitrator for FINRA.