National Discovery Counsel

  • Overview
  • Key Contacts
  • Experience
  • Insights & News

Overview

We serve as National Discovery Counsel for multiple clients in various industries – managing discovery across entire dockets or select portfolios of cases.  Working alongside merits counsel and our clients, we lead the data and document discovery strategy and execution efforts to ensure compliance with identification, preservation, collection, review, and production demands, as well as alignment with our client’s strategic objectives. 

For some clients, our work extends further into assisting with substantive case analysis and support, as well as supporting written discovery responses, deposition preparation and defense (witness and corporate representatives), expert witness preparation, and trial presentation.  In each situation, our focus on discovery frees up merits counsel to focus on what they do best: strategically evaluating, litigating, and resolving matters on the merits.  

In every engagement, we listen carefully to each client’s specific circumstances and requests so that we can tailor strategies that meet the unique needs of that client at that moment and in the future.  While we leverage our past experience, in doing so, we do not presume that past answers will fit all of the needs.  Instead, we work iteratively and collaboratively with all client stakeholders to find and execute the right solutions.

Areas of Experience

Our team has significant experience in the following types of matters as discovery counsel:

  • Antitrust and Competition Law
  • Complex Commercial Litigation
  • Consumer Fraud and Protection Litigation
  • Insurance Coverage Litigation
  • Intellectual Property Law
  • Pharmaceutical and Medical Device Litigation
  • Product Liability Litigation
  • RICO Litigation
  • White Collar Investigation and Litigation

Our experience includes federal multidistrict litigation, federal and state class actions, coordinated federal and state court litigation, as well as federal and state government investigations and lawsuits (including State Attorneys General lawsuits).

  • “Redgrave has top-notch professionals - they're really A-plus and are the smartest lawyers in this space.  The team is made of super talented individuals who are attentive to detail and understand in great depth the discovery vulnerabilities that clients can face.  They're just the best there is in dealing with issues, knowledge of legal precedent and understanding business objectives.”
    Chambers USA

How We Help

Our work as National Discovery Counsel includes:

  • Providing discovery coordination and management across all matters or all matters within a portfolio of cases
  • Providing counsel and guidance on key discovery issues and strategy to support overall matter strategies
  • Serving as discovery counsel of record and advocating on discovery issues, including key case management and discovery disputes
  • Leading enterprise and portfolio case management coordination regarding discovery issues to ensure consistency of positions and execution of strategies, including working with vendors and other outside counsel
  • Developing and implementing technology and process improvements for cost efficiencies
  • Managing all outside counsel aspects of structured and unstructured data and document identification, preservation, collection, review, and production, working with the client, retained vendors, and outside merits counsel
  • Managing data and document review and analytics across matters, leveraging technologies for quality, consistency, and efficiency
  • Leading the development and execution of pre-trial order strategies, including protective orders, sealing orders, ESI Protocols, special master protocols, as well as search term and review protocols
  • Managing all outside counsel aspects of written objections and responses to discovery and investigation requests, including coordinating objections and responses with the client and outside merits counsel
  • Handling discovery disputes, including formal and informal meet-and-confer processes, written submission and responses, as well as in-court advocacy in coordination with the client and outside merits counsel
  • Applying an enterprise approach to managing the identification and protection of privileged communications
  • Developing an enterprise approach to managing the identification and protection of confidential information
  • Addressing cross-border preservation, collection, review, and production issues
  • Preparing and defending corporate representatives testifying about discovery issues 
  • Preparing and presenting/defending expert witnesses addressing discovery issues 
  • Developing affirmative discovery strategies for matters to ensure alignment with defensive discovery approach and matter strategies
  • Assisting with enterprise and matter vendor selection and management
  • Applying state-of-the-art technologies such as Technology Assisted Review (TAR) and generative artificial intelligence (GenAI) to improve efficiency, reduce costs and risks, and improve the company’s understanding of documents being produced

Why Redgrave

Our approach to National Discovery Counsel engagements is comprehensive, unique, and agile, enabling us to provide significant advantages for clients.  

First, we do not approach these engagements with pre-conceived answers or “cookie cutter” solutions.  Instead, we “go deep” to learn about our clients’ businesses, operations, people, and technologies, as well as data, information governance, and discovery related policies and procedures, and, of course, the legal claims, defenses, and strategies involved in client’s litigation and investigations.  We take the time to listen to our clients and their other key advisors to understand their unique circumstances, concerns, and challenges.  We then collaborate to develop tailored solutions that leverage our knowledge across matters and through time for consistency and efficiencies.  

Second, we staff matters with skilled eDiscovery attorneys who are also courtroom litigators with extensive experience handling the most complex and challenging discovery matters.  We are not simply document reviewers who review documents for discovery needs.  We understand the bigger picture of litigation strategies and can help execute those strategies as they apply to case management and discovery execution.  We lead negotiations on case management orders and procedures, lead and direct discovery meet-and-confer sessions, defend and take depositions, as well as brief and argue motions in trial and appellate courts.  We are seasoned advocates who make a difference.  

Third, we have a dedicated team of multi-disciplinary professionals who focus on complex structured and unstructured data issues.  Specifically, our Managing Directors, Directors, and Advisors have advanced degrees (such as Master of Software Engineering and Master of Information Management) and deep experience in addressing discovery challenges and solutions from the technical and business perspectives.

Fourth, we bring a sophisticated Review and Analytics Practice to the table, supporting the efficient and effective review of documents and data required in large-scale and significant litigation matters.  Notably, our Review and Analytics Team is constantly assessing and deploying new technologies to create leverageable advantages in terms of cost and case preparation.  We also have the depth and capabilities to quickly expand our bench to handle the most demanding review and production scenarios.

Fifth, for major matters, we leverage our experience to build and support a tailored Case Collaboration Center (CCC) for the client that serves as a centralized hub for all matter activity, managing case documentation and logistics – especially as they relate to discovery.  Key features of the CCC approach include:

  • Central Repository: Securely stores all case filings, depositions, and exhibits.
  • Comprehensive Tracking: Monitors custodians, collections, and exhibit usage with precision.  The CCC works closely with expert teams to ensure correct tracking for all documents reviewed and relied upon for expert reports.
  • Strategic Coordination: Ensures seamless collaboration and communication across all involved parties with respect to discovery strategy and execution.

Sixth, we are recognized and respected by plaintiffs’ and government counsel alike, as well as by defense merits firms, allowing us to efficiently and effectively negotiate and, as needed, litigate discovery issues.  We are also recognized as industry thought leaders, enabling us to speak with authority and advocate effectively on novel and emerging discovery issues.  

Cost Advantages

Retaining Redgrave as National Discovery Counsel means that clients only pay Redgrave once for discovery tasks, rather than paying multiple outside merits counsel (on the same or different matters) who each want to address discovery tasks again and again at great cumulative expense.  Our approach also avoids the real risks of inconsistencies that arise when multiple firms take different approaches to the same issues in different matters, a result that can have substantial downside risks not only in terms of costs but also on the merits. 

In terms of fee structures, we work with clients to identify billing arrangements that best align with client objectives.  Whether using hourly rates with discounted tiers or alternative fee agreements, we ensure that there are no surprises while providing clients with the means to measure and understand the value we provide.

Finally, we continuously look for ways to utilize technology and apply standardized processes to improve outcomes in terms of quality, consistency, and efficiency across all matters.  

Key Contacts

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Insights & News

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