Redgrave LLP attorneys and business and technical advisors have spent decades providing advice and counsel to Fortune 500 companies regarding eDiscovery, information governance, data privacy, and data security issues.
e-Discovery
Attorney-Client and Other Privileges and Protections
Thoughtful attention to the attorney-client privilege, the work product doctrine, and other privileges and protections is critical to an organization. The risks of losing confidential documents can be high if privilege is not considered with appropriate diligence. Many organizations do not consider these risks until a privilege log is required or an allegation that privilege has been waived is made. Redgrave attorneys assist clients with developing strategies and protocols to help ensure, as a matter of routine, that privileged communications remain properly protected – before the need becomes pressing and an expensive privilege log is necessary. In litigation, Redgrave attorneys and business and technical advisors assist with preparing protective orders that maximize the protections for privilege and minimize the burden of privilege logging, advise on ways to leverage technology to screen for privilege, review potentially privileged documents and prepare defensible privilege logs, and assess an adversary’s log for completeness and compliance with the rules. In addition, Redgrave attorneys assist with briefing on matters relating to privilege and serve as special masters to assist parties and courts in addressing such questions. Read more
Witness Preparation
The selection and preparation of corporate representatives in response to a Rule 30(b)(6) notice are of critical importance to the success or failure of the deposition. Disaster can result for an organization if 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 fact and expert witnesses regarding records and information management issues and legal hold processes. Read more
Defense of Process
Redgrave 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. Read more
Early Data Assessments
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 the merits in a case (and not simply data) and to also reduce potential 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. Critical early insight into the merits of a case can help clients develop meaningful case budgets, make legal strategy decisions, and identify the appropriate scope and time frame for the discovery process. Read more
Electronic Discovery Liaison
Redgrave professionals can serve as a company’s appointed corporate electronic discovery liaison or coordinator. In this role, we 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. Read more
International Discovery
If your company engages in cross-border business, its international presence can potentially have international discovery concerns that will arise during litigation — concerns both routine and novel. The attorneys at Redgrave address international discovery issues on both fronts, crafting solutions that build on other clients’ experiences as well as solutions that focus on the individual aspects of the client at issue. Read more
National Discovery Counsel
Redgrave 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. Read more
Preservation and Discovery Readiness
Clear and well-defined processes for managing discovery are critical to ensure consistency, minimize disruption, and comply with discovery obligations. Redgrave 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 will work with you to develop processes tailored to your circumstances and culture that are flexible, straightforward, and cost-effective. Read more
Process Validation
Technology continues to present new opportunities to improve and automate classification processes, making validation critical. Redgrave works with clients' preferred collection, processing, document review, and other technology-related vendors to develop and validate discovery-related approaches, protocols, and processes. Read more
Requesting and Responding to Discovery Requests
Redgrave attorneys can draft requests to the opposing side, review the responses and productions for inconsistencies, gaps, or incomplete information, and develop supplemental requests to help clients in obtaining the information and data they are entitled to receive. We also help clients respond to discovery requests by drafting responses and objections and leading the meet and confer process. Additionally, Redgrave 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. Read more
Rule 16 Conferences
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 professionals assist 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 attorneys also appear before courts to present agreed-upon discovery protocols and advocate in our clients’ favor regarding areas of dispute. Read more
RULE 26(f) CONFERENCES
Redgrave attorneys can attend Rule 26(f) conferences and lead the meet and confer process with opposing counsel or the government so that the client’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. Read more
Vendor Selection and Management
Selecting qualified vendors or consultants in the technology or information management space can be an overwhelming task for any organization. The professionals at Redgrave 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 professionals can serve as trusted liaisons to bridge the gaps between the selected vendors and in-house counsel, in-house information technology, and records and information management professionals. Read more
Information Governance
Records and Information Management Programs
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, legally defensible, and less likely to be subject to data breaches and loss. Redgrave professionals 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. Read more
Privacy & Security
International data privacy and corporate data protection regulations are sometimes counterintuitive and often contradict one another. The management of such data initiatives requires coordination across functions (privacy, legal, compliance, records management, information technology) and must account for local legal and operational requirements. Redgrave helps clients harmonize global privacy policies, practices, and workflows and manage privacy risks in the global deployment of corporate systems and applications containing personal information. Redgrave also supports the development of global information management and retention policies and information retention schedules and practices. Read more
Legacy Data Remediation
The enormous growth in computing and storage power over the last decade 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 we provide fact-specific documentation and recommendations supporting the defensibility of the process and decisions to destroy (or retain) legacy data. Read more
Litigation Readiness
A litigation response plan provides an organization with a repeatable and defensible business process for analysis of future preservation, collection, review, 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 clients to implement and train employees regarding the litigation response plan and procedures to reduce the risks, costs, and the uncertainty of litigation. Read more
Mergers, Acquisitions, and Divestitures
In mergers, acquisitions, and divestitures business systems and information technology functions are typically combined or consolidated. Redgrave 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 conduct their due diligence inquiries, as well as 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. Read more
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 develop appropriate record retention schedule categories. We use alternative approaches to amplify employee understanding and compliance with the schedule. We can also help you consolidate and harmonize record retention schedules after an acquisition. Read more
System Profiles and Data Mapping
The roles involved in electronic discovery today are not limited to lawyers and paralegals. Information technology and records management personnel also play a significant role. Redgrave 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. Read more
Technology and Vendor Evaluations, Selection and Management
Selecting the right electronic discovery and records and information management tools for your organization can be a daunting task. Redgrave can assist with evaluating tools to meet data management requirements in a cost-effective and defensible manner. Once the tool has been selected, Redgrave professionals help support documentation, training, and implementation. Read more
Other
Amicus Counsel
We are available to appear in the capacity of amicus counsel on behalf of organizations and interested parties with respect to motions and briefs 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 trial court proceedings is especially important in light of the limitations on appellate review of discovery matters, including privilege rulings. Read more
Appellate Counsel
Redgrave attorneys are available to assist with all aspects of appellate representation regarding information law issues, from consultation in briefing to presenting arguments to state and federal appellate courts. Whether or not we were involved in the district court proceedings, we bring valuable insight to the legal issues that can help develop persuasive themes and anticipate difficult questions. Read more
Expert Witness
Redgrave 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. Read more
Motion Practice
Redgrave attorneys represent clients in affirmative or defensive motion practice related to discovery requests, subpoenas, or other requests for information. Notably, our attorneys defend against challenges to the defensibility of a party's overall discovery process or judgment calls regarding the scope of a legal hold or the steps and approaches taken for preservation, collection, review, or production of evidence. Read more