The Legal Data Intelligence Podcast with David Cowen (Episode 19)

Bobby Malhotra, Litigation Partner, Winston & Strawn

Author: LDI Team

April 23, 2025

In this episode of Careers and The Business of Law: The Legal Data Intelligence Series, host David Cowen speaks with LDI founding member Bobby Malhotra. Malhotra reflects on his unconventional entry into the legal profession, the pivotal role of mentorship in shaping his journey, and the promise of Legal Data Intelligence to help legal professionals advance their careers.

Listen to the full episode and read a partial transcript below.

David Cowen: You have a bit of an unusual story. You started out in IT and then switched to legal. Who were your influences and mentors on your career journey?

Bobby Malhotra: I started as a staff attorney—a very green attorney—at Munger, Tolles & Olson. I knew the technical side really well, but I didn’t know what it was like to actually be a lawyer. At the same time, there was an attorney who set me on the right path and has been instrumental in my career. Her name is Kathleen McDowell, at Munger Tolles.

She taught me what it means to actually be a lawyer and got me involved in things that were, frankly, unheard of for someone at my level: dealing with opposing counsel, handling meet and confers, negotiating ESI protocols, attending court hearings. She was instrumental in helping me develop and refine my legal skills—because I already had the technical background. I had been an IT consultant and a programmer for many years, but she really helped me grow into the role of a lawyer. Without her, I wouldn’t be sitting here talking to you today.

She’s the one who helped guide me onto the partnership track at Munger, which had a snowball effect on my career and eventually led to my becoming an equity partner at Winston & Strawn. Everyone needs a mentor. She was mine for 15 years, and I can’t overstate how important that was.

How has eDiscovery changed in light of new data challenges?

Data volumes are increasing, and the laws governing data continue to evolve. We're seeing that with legislation like the EU AI Act, which will dictate how data is stored and handled in certain parts of the world. In the U.S., we’re on the cusp of seeing a wave of similar laws. Things are going to become more interconnected, but also more rewarding for attorneys who are strong problem solvers.

Many of the clients I work with have very mature e-discovery programs. They typically have eDiscovery counsel at the AGC level, someone who is actively directing strategy. These clients understand that the decisions they make around data can have reputational, financial, and broader business implications.

So, in that part of the ecosystem, we’re seeing real maturity. A lot of my clients understand the stakes. They expect to have an eDiscovery subject matter expert and a data attorney SME. Because it's no longer just about e-discovery.

You’re dealing with cross-border issues. You have to be able to provide guidance on AI. You have to navigate a range of data privacy concerns. You’re the one negotiating protective orders to control how data is disseminated, and you're setting the terms of ESI protocols—how data is produced and what your obligations are from the start. From that perspective, clients understand the complexity, and they expect a high level of sophistication.

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