"Redgrave comes in and saves the day. In restructuring—whether in or out of court—speed is often the name of the game. As you’re racing to deal with multilateral negotiations, things like document production and privilege disputes can really trip you up. That’s where Redgrave shines—they have the expertise and strategic know-how, including in the restructuring space specifically, to handle all of that, in line with our overall strategy for the case."
- Andrew R. McGaan, P.C., senior partner & restructuring litigator, Kirkland & Ellis LLP
Redgrave LLP is one of the only law firms in the country with a team focused on restructuring-related discovery. Engaging with clients, counsel, and advisors, Redgrave’s Restructuring Discovery team provides legal advice that defines a clear, timely, and flexible strategy for both information governance and discovery. Redgrave advises both debtors and creditors, as well as consultants and judicial groups, on all issues related to discovery. Key areas of focus include:
- Development and implementation of timely and proportional preservation strategies
- Scoping appropriate document and data collection, including the proactive collection of frequently requested data and documents
- Proactive negotiation with interested parties related to anticipated discovery issues
- Protection of personally-identifiable information and compliance with applicable privacy laws such as GDPR and CCPA
- Methodologies for the expedited review and production of data and documents demanded by bankruptcy proceedings
- Appropriate and effective privilege determinations
- Education of judges and special masters regarding complex discovery issues
- Defensible disposition of data and documents when appropriate
Redgrave’s focus on and passion for discovery are unique, and we understand that discovery in restructuring is similarly a horse of a different color. Whether driven by informal agreement to exchange documents, or by formal requests for production, discovery in restructuring must move quickly and accurately. We work hand-in-hand with merits counsel, focusing on the discovery so they can focus on the substance and provide relevant information.
Common items that we are engaged to handle are the following:
- Collection, review, and production of documents—especially proactive collection of commonly requested documents such as board materials, financial records, and communication within the company and with outside advisors
- Technology Assisted Review (TAR)—especially for quick review and analysis of large volumes of documents for internal investigations and independent director requests
- Review and analysis of privilege, preparation of privilege logs, and handling of privilege disputes
- Information governance analyses of debtor companies and related entities
- Data sharing and governance provisions for divestitures and other transactions
Redgrave shines because of its experience and the depth of its bench. Seasoned attorneys and other professional advisors provide targeted, efficient service to clients during restructuring. Some of our team’s experience includes:
Energy
- Discovery counsel for debtor, an energy industry provider of engineering, construction, and installation services, restructuring $9.2 billion in prepetition debt.
- Assisted with discovery in a restructuring matter involving a wholesale power generation company. Through the Chapter 11 cases, the company restructured approximately $2.5 billion in funded indebtedness.
- Assisted with discovery in a restructuring matter for a sizable natural resources energy producer. At the time the cases were filed, the company had funded debt obligations of approximately $1.4 billion.
Retail
- Handled discovery for debtor, the world’s largest toy and baby product retailer, restructuring $5.2 billion in prepetition debt.
- Assisted with discovery in a restructuring matter for a major designer, manufacturer, and wholesaler of retail goods, restructuring approximately $1.6 billion in prepetition funded debt (2018-19).
- Assisted with discovery in a restructuring matter for a luxury retailer in Chapter 11.
Broadcast/Communications
- Assisted with discovery in a restructuring matter for leading global multi-platform media, entertainment, and data company, in their Chapter 11 restructuring. The company had consolidated debts of over $20 billion.
- Assisted with discovery in a restructuring matter for a leading provider of advanced network communications and technology solutions for businesses across the United States.
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