FINRA Regulatory Notice 13-40: SEC Approves Amendments to Discovery Guide Used in Arbitration Proceedings Regarding Electronic Discovery

FINRA issued a regulatory notice regarding the SEC-approved amendments to the Discovery Guide used in customer arbitration proceedings. The amended guide provides assistance for arbitrators on resolving electronic discovery disputes ("e-disputes") relating to the form for producing electronic documents.

The guide explains how product cases are different from other customer cases and describes the types of documents that parties typically request in product cases. Additionally, it clarifies the circumstances under which a party may request an affirmation when an opposing party does not produce documents specified in the guide.

The amendments are effective on December 2, 2013, for all customer cases filed on or after the effective date.

See: FINRA Regulatory Notice 13-40; FINRA Arbitration Rules.