Robert D.
Keeling

Partner, Executive Committee

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  • Profile
  • Experience
  • Insights & News
  • Credentials

Robert is widely recognized as a leading authority on eDiscovery, focusing on coordinating discovery for large, complex, and data-intensive matters.  He represents clients in major regulatory enforcement actions, government investigations, and internal investigations, helping them navigate all phases of the discovery process.  Chambers USA and Chambers Global have consistently ranked Robert as a top attorney for eDiscovery and Information Governance.

Robert leads Redgrave’s Second Request practice, where he manages all aspects of discovery in connection with Hart-Scott-Rodino (HSR) “Second Requests” issued by the U.S. Department of Justice (DOJ) or Federal Trade Commission (FTC).  He serves as lead discovery counsel for high-profile antitrust litigation against the government and plaintiffs’ attorneys and works alongside antitrust counsel to address the complexities of discovery compliance.  Robert has been responsible for achieving substantial compliance with Second Requests in connection with transactions with a combined value of more than $230 billion.

For over a decade, Robert has stood at the forefront of technology in litigation and government investigations.  He applies a targeted combination of data analytics and machine learning to efficiently identify key evidence, reduce client costs, and synthesize information into compelling legal arguments. Robert is a leading thinker in the application of artificial intelligence (AI), including generative AI (GenAI) to eDiscovery challenges.

Robert helps clients across a broad range of industries with a variety of discovery and information governance needs, including: counseling on the effective management of eDiscovery costs and risks; navigating emerging eDiscovery issues, including implementing best practices for defensible eDiscovery policies and procedures, developing defensible strategies for the remediation and disposal of unneeded data; creating, updating, and improving records retention policies; and addressing records management and information governance issues.

Among eDiscovery practitioners, Robert is a leading author and has published nine law review articles, including articles with the Cornell Journal of Law and Public Policy and The Sedona Conference Journal.  He is also a contributing author to four legal compilations — two compilations on predictive coding, The General Counsel’s Guide to Government Investigations, and The Complex Commercial Litigation Law Review.

Robert has published several technical research papers on applied machine learning that have received recognition outside the legal sphere, including an article selected for the annual Institute of Electrical and Electronics Engineers (IEEE) conference on machine learning.  He also leads the drafting team for the Sedona Conference’s Commentary on Discovery Sanctions and is part of the drafting team for the Sedona Conference’s TAR Case Law Primer.

Robert is recognized as a preeminent speaker and thought leader on eDiscovery issues, and he is routinely invited to speak at conferences organized by the leading eDiscovery organizations, including The Sedona Conference®, the Electronic Discovery Institute (EDI), the Georgetown Advanced eDiscovery Institute (AEDI), Legalweek, and The Master’s Conference.

Robert is an Adjunct Professor at George Mason University Law School, where he teaches a course on eDiscovery.  He also has lectured on eDiscovery and technology issues at the nation’s top law schools, including Harvard, Vanderbilt, Georgetown, Fordham, University of Virginia, and American University.

Throughout his career, Robert has maintained an active pro bono practice.  He successfully litigated four separate immigration matters, including winning the release of his clients from federal custody.  In addition, Robert drafted the Practice Manual for Pro Bono Attorneys Representing Unaccompanied Children for the Capital Area Immigrants’ Rights (CAIR) Coalition and was subsequently awarded CAIR’s “Law Firm Partner of the Year” award.

Before joining Redgrave, Robert was a Partner at Sidley Austin LLP and was the founder and head of Sidley’s eDiscovery and Data Analytics group.  He clerked for the Honorable Jerome B. Friedman of the U.S. District Court, Eastern District of Virginia.

Robert’s work experience includes:

Litigation

  • Leading discovery in response to Second Requests from the Federal Trade Commission (FTC) and U.S. Department of Justice Antitrust Division for transactions totaling more than $230 billion, in addition to related antitrust inquiries from the U.K. Competition and Markets Authority (CMA), European Commission (EC), Canadian Competition Bureau (CCB), and other foreign regulators
  • Leading discovery for a major technology company in fast-paced administrative and federal litigation related to the government’s efforts to prevent a landmark acquisition in the gaming space.
  • Acting as discovery counsel for one of the world’s largest companies in high-profile, interrelated federal, state, and private litigations alleging anticompetitive conduct
  • Leading discovery for AT&T Inc. in its successful $85 billion acquisition of Time Warner Inc., in which AT&T successfully defended the first vertical merger trial and appeal in decades. In describing the discovery process, U.S. District Judge Richard J. Leon wrote, “[t]he parties achieved herculean feats during that time.” United States v. AT&T & Time Warner, 310 F. Supp. 3d 161, 185 (D.D.C. 2018).
  • Serving as discovery counsel for a healthcare company in a $4 billion merger dispute before the Delaware Court of Chancery
  • Serving as discovery counsel responsible for pre-trial litigation on behalf of a major medical device manufacturer in connection with a product liability class action
  • Serving as lead counsel for pre-trial litigation for False Claims Act (FCA) litigation against a national insurance company
  • Representing a major pharmaceutical company in a $2 billion litigation relating to off-label marketing and anti-kickback claims
  • Leading representation for the players’ association for a major professional sports league in connection with class action litigation related to concussions
  • Serving as counsel of record for amicus briefs before appellate courts addressing discovery rulings
  • Representing a range of clients in court in high-stakes motions and hearings with respect to eDiscovery issues

White Collar and Government Investigations

  • Acting as discovery counsel responsible for numerous responses to “Second Requests” from the Antitrust Division of the DOJ
  • Serving as discovery counsel for a $4 billion merger dispute before the Delaware Court of Chancery
  • Overseeing discovery relating to an investigation by the DOJ and multiple U.S. Attorney’s Offices into Medicare Advantage Plans
  • Directing a DOJ subpoena response for a multinational manufacturing company
  • Leading a subpoena response for a 501(c)(3) patient assistance program in connection with an industrywide investigation by the DOJ and the U.S. Attorney’s Office in the District of Massachusetts
  • Serving as discovery counsel for a multinational biologics manufacturer in connection with a U.S. Attorney’s Office civil investigative demand
  • Leading discovery for a major pharmaceutical manufacturer in connection with an industrywide government investigation
  • Directing a response to government requests on behalf of a kidney dialysis services company
  • Leading an investigation for a major manufacturing company in connection with the Foreign Corrupt Practices Act
  • Overseeing discovery relating to an FCA investigation on behalf of a generic pharmaceutical manufacturer

Education

  • University of Virginia School of Law, J.D. (2000)
  • James Madison University, B.S., summa cum laude (1996)

Bar Admissions

  • District of Columbia
  • Virginia

    Memberships

    • Inaugural chair, EDRM Global Advisory Council
    • Steering Committee Member, The Sedona Conference® Working Group on Electronic Document Retention and Production (WG1)
    • Former co-chair, D.C. Bar eDiscovery Subcommittee
    • Former chair, eDiscovery & Information Governance Retreat

    Recognition

    • Chambers USA, E-Discovery & Information Governance (USA - Nationwide) (Band 1: 2021 – present)
    • Chambers Global, E-Discovery & Information Governance (Global) (Band 1: 2022 – present)