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Brian Pandya Talks with The Metropolitan Corporate Counsel about E-Discovery Rules

The Metropolitan Corporate Counsel
October 22, 2013

Brian H. Pandya, a partner in Wiley Rein’s Intellectual Property and Litigation practices, talked with The Metropolitan Corporate Counsel about proposed amendments to the Federal Rules of Civil Procedure (FRCP) that aim to ease the costs and burdens of electronic discovery, also known as e-discovery.

Mr. Pandya, who has been involved in numerous patent cases in courts around the country with significant e-discovery aspects, said companies often wrestle with complex issues surrounding the preservation of electronically stored information (ESI).

“I believe the reason many companies hold documents for too long—or even indefinitely—is that they get swept into litigation and put a litigation hold in place, but then get caught in a cycle of always being in litigation-hold mode, which can be expensive and burdensome,” he said.  “And some companies may have good document retention policies, and are good at preserving documents, but they don’t have as good of procedures for disposing of documents after their shelf life has expired.”

The proposed FRCP amendments would require e-discovery to be proportional to the needs of a case.  While Mr. Pandya said he has some concerns about how that requirement would be implemented, he said proportionality is a “very good concept.”

“Starting with the presumption that you are entitled to wide-open discovery can be very costly and time consuming for both plaintiffs and defendants and usually does very little to advance the case,” he said.  “So, in my experience, it is more practical to start with a limited but reasonable amount of e-discovery and then seek additional discovery if there is a demonstrated need for such discovery.”

To read Mr. Pandya’s full interview with The Metropolitan Corporate Counsel, click here.