Electronic discovery (e-discovery), and the risks of failing to properly retain and produce electronically stored information (ESI), is frequently discussed in the context of state and federal court litigation. It is also an increasingly prevalent issue in Securities and Exchange Commission and Financial Industry Regulatory Authority (FINRA) investigations.
The failure to know and comply with the requirements and expectations for e-discovery in these contexts can have a number of adverse consequences for both firms and their personnel, as well as potentially for their counsel. This article highlights some of the key requirements and considerations in identifying, collecting and producing ESI to the SEC or FINRA during an investigation.
