- Amicus Counsel
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Educating Courts on Broader Implications of Decisions.
We are available to appear on behalf of organizations and interested parties with respect to motions, briefs and in court in the capacity of amicus counsel to help courts understand the larger issues and broader impact that decisions in cases may have. Our amicus capacity can be at both the appellate and district court levels. Understanding the potential role and importance of district court proceedings is especially important in light of the limitations on appellate review of discovery matters, including privilege rulings.
- Appellate Counsel
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Representation in State and Federal Appellate Courts.
Redgrave LLP attorneys are available to assist with all aspects of appellate representation regarding Information Law issues, from consultation, to briefing, to presenting arguments to state and federal appellate courts. Whether we were involved in the district court proceedings or not, we bring unique and valuable insights to the legal issues that can help develop persuasive themes and anticipate difficult questions.
- Defense of Process
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Creative and Defensible Solutions to Address Information Governance Challenges.
Redgrave LLP assists clients, technology solution providers and discovery vendors with developing defensible discovery processes and procedures. We also help those same clients package their efforts into presentations, briefs and other materials that can be used in defense of the process if questions arise. In this regard we have developed draft pleadings, affidavits and declarations that prepare our clients for potential challenges to their processes or technology and provide them with the confidence that, if challenged, the process or technology will be found to be defensible.
- Early Data Assessments
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Equipping Clients with the Knowledge They Need to Manage Discovery Efforts.
Organizations often struggle with the uncertainty and unpredictability of costs and outcomes in litigation. We assist clients in selecting, implementing and using tools and processes to understand claims and cases (and not simply data) and to also reduce the likely discovery costs. By developing an early data assessment methodology, we help clients quickly understand the data relevant to their matter as well as identify relevant custodians and data sources, determine appropriate date restrictions, and formulate defensible search, retrieval and culling strategies. In doing so, our clients have critical early insight into the merits of the case, and are better prepared for developing a case budget, making legal strategy decisions and knowledgably discussing the appropriate scope and time frame for the discovery process.
- Electronic Discovery Liaison
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Promoting Communication and Cooperation Amongst Parties.
Redgrave LLP can serve as a company’s appointed corporate electronic discovery liaison to assist the company in meeting its obligations to meet and confer early with opposing counsel on all pretrial matters involving electronic discovery issues, including likely sources of relevant electronic information, the accessibility of that information and preservation steps. We work with legal, business and information technology teams to develop a deep working knowledge and understanding of data systems that can be repeatedly leveraged across cases.
- Expert Witness
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Consulting and Testifying Expert Witness Services.
Redgrave LLP personnel can serve as affirmative and defensive expert witnesses with respect to the various aspects of Information Law. We have extensive experience with developing and implementing discovery and records management policies and procedures and can qualify as experts to testify in support of your company’s practices or to address the practices of opposing parties. We can also identify, support and prepare other experts to testify on your behalf.
- International Data Privacy
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Guidance Regarding Cross Border Data Protection.
International data privacy and corporate data protection regulations are sometimes counter-intuitive and often contradict one another. The management of such data initiatives requires coordination across functions (Privacy, Legal, Compliance, Records Management, IT) and must account for local legal and operational requirements. Redgrave LLP helps clients harmonize global privacy policies, practices and workflows, manage privacy risks in the global deployment of corporate systems and applications containing personal information and support the development of global information management and retention policies and information retention schedules and practices.
- International Discovery
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Guidance Regarding Your International Discovery Issues.
If your company engages in cross-border business, its international presence likely has potential international discovery concerns that will arise during litigation – concerns both routine and novel. The eDiscovery attorneys at Redgrave LLP bring significant experience and a steady hand to successfully address international discovery issues on both fronts, crafting solutions that build on other clients’ successes as well as solutions that focus on the individual aspects of the client at issue.
- Legacy Data Remediation
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The enormous growth in computing and storage power over the last fifteen years has been matched by the simultaneous growth in the amount of information being stored. Much of this information has been stored indefinitely simply because few organizations have been able to cull and manage the information as it has been generated or received. In the past, many looked at the ever-decreasing costs of storage and concluded that it was simply cheaper to keep everything rather than sort through it. Unfortunately this calculus is incomplete because there are demonstrable risks and costs associated with keeping everything. Our team members have guided numerous organizations through the analytical process for both large and small legacy data remediation projects involving both paper and electronically stored information. We have well-defined workflows and service offerings where we work with our clients to identify, analyze and make defensible determinations for retention or destruction of legacy data and provide fact-specific documentation and recommendations supporting the defensibility of the process and decisions to destroy (or retain) legacy data.
- Litigation Readiness
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Litigation Response Plans Tailored to Clients' Individual Litigation Profiles.
A litigation response plan provides an organization with a repeatable, defensible business process for analysis of future preservation, collection and production obligations. This plan produces a framework for consistent and defensible decisions and reduces the risk that a company could be subject to claims of intentional, reckless and perhaps even negligent spoliation in the event relevant evidence is lost. We also work with our clients to implement and train employees regarding the litigation response plans and procedures to reduce the risks, costs and the uncertainty of litigation.
- Mergers and Acquisitions
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Managing and Consolidating Acquired Data and Policies.
When companies merge or are acquired, business systems and information technology functions are typically combined or consolidated. Redgrave LLP provides practical guidance and recommendations during this critical time to ensure that efficiencies are leveraged while also taking the necessary steps to retain records and information that must be kept for legal or regulatory purposes. We also work with our clients as they combine protocols and procedures that impact the storage or destruction of records and information, to ensure policies and protocols are understood and applied consistently in the new organization.
- Motions Practice
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Motions Practice Related to Records Retention and Discovery Issues.
Our attorneys have substantial experience working with our clients in successfully defending or prosecuting motions relating to records management, preservation, collection or production issues related to discovery requests, subpoenas or other requests for information. Notably, our attorneys have significant experience addressing preservation issues, search and retrieval issues as well as spoliation allegations.
- National Discovery Counsel
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Integrated Discovery Management, Legal Advice and Representation.
Redgrave LLP offers the unique knowledge and experience necessary to manage discovery, strategy and execution across multiple matters. We develop specialized processes for use across cases ensuring consistency and efficiency. Likewise, as National Discovery Counsel we work with our clients' trial counsel across their entire litigation profile to leverage existing collections and work product and to avoid overlap, duplication and increased risks and costs. Working in coordination with our clients' trial counsel ensures that discovery is managed effectively and in a defensible manner to meet all requirements, allowing trial counsel to focus their efforts on overall case strategy without being mired in discovery negotiations or disputes.
- Preservation and Discovery Readiness
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Process Development and Support.
Clear and well-defined processes for managing discovery are critical to ensure consistency, minimize disruption and to comply with discovery obligations. Redgrave LLP can review your existing discovery processes and offer specific and practical suggestions for increasing efficiency and defensibility while also reducing risks and costs. If you do not have processes in place, Redgrave LLP will work with you to develop processes tailored to your circumstances and culture that are flexible, straightforward, and cost-effective - processes that will produce accurate and defensible results.
- Process Validation
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Managing and Validating Document Review Processes
Redgrave LLP can work with your document review vendors to develop and validate the processes that they implement to review your documents for litigation and government investigations. This is critically important now that technology is presenting new opportunities to leverage computers to improve and automate classification processes. This validation will allow you to have confidence that your review is being conducted in an efficient manner and critical to the defensibility if challenged by regulators, opponents or courts.
- Records and Information Management Programs
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Policies and Practices Related to Records and Information Management.
We recognize that well-considered records and information management policies and practices not only improve information governance, but also help make a company’s discovery efforts more cost-effective and legally defensible. We help clients review their policies to account for electronic information, including emerging technologies. We also help clients integrate records and information management policies with legal holds and other discovery policies and procedures. Such integration increases the usefulness of the company’s records and information management program and avoids the risks of a program that operates independently of other legal department considerations.
- Requesting and Responding to Discovery Requests
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Plan and Execute Affirmative Discovery Efforts.
Redgrave LLP can draft requests to the opposing side, review the responses and productions for inconsistencies, gaps or incomplete information, and develop supplemental requests to ensure that the client is provided with all of the information and data that it is entitled to receive. In addition, Redgrave LLP attorneys can conduct depositions of an opponent’s witnesses related to the opponent’s records and information policies and practices as well as its discovery practices and actions.
- Retention Schedules
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Review and Consolidation of Records Retention Schedules.
The best record retention schedules are simple enough for end users to work with, but sophisticated enough to allow for meaningful management of a company’s various types of records and information. Our professionals have worked with Fortune 500 companies across several industries to help to develop useful and meaningful record retention schedule categories using alternative approaches to amplify employee understanding and compliance with the schedule. We can also help you to consolidate and harmonize record retention schedules after an acquisition.
- Rule 16 Conferences
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Appearing at Rule 16 and Other Conferences with Courts.
The Federal Rules of Civil Procedure, as well as many state and local rules, require parties to address issues related to electronic discovery in the very early stages of litigation. Redgrave LLP assists clients in meeting these requirements by proactively addressing and developing protocols and strategy with in-house and outside trial counsel, and negotiating the scope of discovery with opponents. Our electronic discovery lawyers also appear before courts to present agreed-upon discovery protocols and successfully advocate in our clients’ favor regarding areas of dispute.
- Rule 26(f) Conferences
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Participating in Rule 26(f) Conferences and Other Meetings with Opposing Counsel.
Redgrave LLP can attend Rule 26(f) conferences and conduct other meetings with opposing counsel or the government to ensure that the company’s position on discovery issues and corporate data protection matters are presented consistently across the entire portfolio of the company’s litigation and government investigations.
- Special Masters
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Serving as eNeutrals and Special Masters.
Redgrave LLP professionals are available for appointment as special masters to oversee the discovery process or to adjudicate disputes between the parties related to specific issues regarding the scope of discovery (including but not limited to electronic discovery), the parties’ preservation, collection, production efforts or claims related to privilege or confidentiality. We can also help parties address these issues in the context of a discovery neutral.
- System Profiles and Data Mapping
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Documenting Pertinent Portions of an Organization's IT Infrastructure.
The roles involved in electronic discovery today are not limited to lawyers and paralegals. Information technology and records management also play a significant role. Redgrave LLP assists with managing cross-functional issues by providing the link between legal, records management, human resources, and information technology groups to develop integrated solutions and documentation to manage risks and control costs associated with electronic discovery.
- Technology Evaluations and Selections
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Ensuring Clients Leverage the Right Tools for the Right Cases.
Selecting the right electronic discovery and records and information management tools for your organization can be a daunting task. Redgrave LLP has the expertise and experience to assist you with evaluating tools that will fulfill your data management requirements in a cost effective and defensible manner. Once the tool has been selected, Redgrave LLP will help develop documentation, training and implementation to ensure an effective and smooth employment.
- Vendor Selection and Management
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Helping to Evaluate, Select and Implement New Technology.
Selecting qualified vendors or consultants in the technology or information management space can be an overwhelming task for any organization. The professionals at Redgrave LLP have guided clients through numerous request for proposal (RFP) and request for information (RFI) processes, helping organizations define their needs and requirements for vendors or consultants, and assisting in the vetting and selection process to determine which vendors or consultants best meet the organization’s needs. Once such vendors or consultants are selected, Redgrave LLP can serve as a trusted liaison to bridge the gaps between the selected vendors and in-house counsel, in-house information technology and records and information management professionals to ensure compliance with litigation or regulatory requirements while also adhering to our clients’ discovery strategy and best practices in a cost-effective and defensible manner.
- Witness Preparation
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Preparation and Defense of Witnesses and Corporate Representatives.
The selection and preparation of a corporate representative in response to a Rule 30(b)(6) notice and in similar circumstances are of critical importance to the success or failure of the deposition. Disaster can result for an organization where the selection or preparation is inadequate, leading to inaccurate testimony binding on the corporation. We work with corporate legal and information technology teams to identify and prepare the company’s corporate representatives.
