WHY REDGRAVE FOR LITIGATION AND INVESTIGATION?

Discovery in litigation and investigations requires dedicated outside counsel and service providers who have a deep knowledge of eDiscovery law, complex data ecosystems, and technology solutions in the context of fast-paced, highly charged, high-stakes matters.  Redgrave LLP + Redgrave Data provide companies with the deepest bench of experienced litigators and eDiscovery lawyers, combined with an extraordinary breadth of technical and business process talent that help companies navigate the risky and potentially prohibitive high costs of discovery. 

ASSUMING TRADITIONAL OUTSIDE MERITS COUNSEL “HAVE GOT THIS” WHEN IT COMES TO MODERN DISCOVERY IS A RECIPE FOR DISASTER.

Too many apocryphal stories of sanctions and forced settlements (at inflated values) due to discovery missteps reveal a root cause that can and should be avoided: the failure to appreciate and address the intersection of the complexities of data in today’s world with legal obligations to identify, preserve, and produce that data.  Many law firms now claim to have “teams” of discovery specialists, but when you peel back the surface of this claim, you see that most of these “teams” comprise document review attorneys and professionals who understand Relativity or other document review platforms.  For those who have invested more in the space, that investment is still relatively modest and, more importantly, always a secondary investment to the multiple substantive practice areas in a large law firm.

WE ARE DIFFERENT.  VERY DIFFERENT. 

Understanding the intersection of technologies, business processes, legal obligations, and solutions is what we do.  It is all that we do.

Over the last decade, we have built a team of highly experienced lawyers, business professionals, and technologists who have invested enormous efforts to understand and address the issues involved in modern discovery.  Whether those issues involve unstructured data (distributed to thousands of employees across the globe on laptops, mobile devices, myriad communications platforms, and cloud storage), collaboration platforms (such as Google (Workplace), Office 365 (Teams), and Slack), or structured data, we are the team with the experience and knowledge to identify and implement the solutions.  Moreover, we have now added a leading subject matter team in our affiliate entity, Redgrave Data, that can help guide the use of analytics, Technology Assisted Review (TAR), and artificial intelligence (AI) to provide better and more cost-effective outcomes for our clients. 

SPECIFIC AREAS WHERE WE CAN HELP

National Discovery Counsel

This role has us take the lead on discovery issues, including in multi-district litigation and other aggregate litigation events, working with in-house counsel and merits counsel and any vendors in the ecosystem.  As national discovery counsel, we focus on all aspects of discovery, thereby positioning our clients where they can reduce the risk of having a matter dismantled by discovery-related issues and can focus on the true merits at issue.

We develop and manage strategies to ensure efficiency and compliance with legal obligations in all aspects of the data discovery process, from identification to preservation, collection, search, review, and production.  We also handle litigation of data discovery-related issues, including meeting and conferring with opposing counsel and motion practice involving defense of our clients’ data discovery processes.

Privilege

We help clients create efficient and effective approaches to identifying and logging privileged work product, and other protected documents and data.  Working with Redgrave Data, we help create models that can leverage analytics to quickly identify and validate approaches to identify privileged information.  We also handle law and motion practice defending our clients’ privileged documents and data.

Protecting Confidentiality

We help clients create efficient and effective approaches to identifying trade secrets, confidential and other highly sensitive information that should be protected from public disclosure in litigation.  Our experience includes helping navigate the difficult sealing processes in state and federal courts when highly confidential documents and data are used in the litigation process, including in motion practice and at trial.

Discovery Crisis Response

We provide and implement rapid response strategies when clients face a litigation crisis involving data discovery.  Attacking the sufficiency of a company’s production of data is becoming an increasingly common strategy of plaintiffs in asymmetric litigation, and sometimes these attacks succeed in obtaining traction with courts—implicating potentially devastating sanctions and negative publicity.  We have substantial experience dropping in to assist clients and trial counsel in quickly responding to address these issues and mitigate their consequences.

In short, we strive to make litigation less costly, less painful, and less risky for our clients.  We look to eliminate or reduce the headaches and uncertainty that come with litigation by taking practical, reasonable, consistent, and defensible approaches to discovery.  In doing this, our clients avoid paying excessive costs by avoiding exorbitance, duplication, surprises, and disputes associated with discovery.  We also help our clients avoid risks by taking consistent positions and approaches across matters and jurisdictions.  

Note: This publication is an information source for clients and friends of Redgrave LLP.  The content should not be construed as legal advice, and readers should not act upon information in this publication without professional counsel.  This material may be considered advertising under certain rules of Professional Conduct.  ©2023 Redgrave LLP.  All Rights Reserved. For further information or if you have any questions regarding this publication, please contact your Redgrave LLP attorney or Erica Zolner at ezolner@redgravellp.com or Rana Dawson at rdawson@redgravellp.com.