Jonathan M. Redgrave

Practice Areas

E-Discovery & Information Governance

Career

Jonathan M. Redgrave, a founding partner of Redgrave LLP, has extensive experience in all areas of complex litigation in state and federal courts. He focuses his practice in eDiscovery, information governance, and privacy and data security issues. He is recognized by peers and clients as a pioneer in developing and advancing the fields of eDiscovery and information governance.

Jonathan represents Fortune 100 companies worldwide, and he is frequently sought out to address challenges involving discovery strategy in complex litigation and best practices concerning information management. With extensive experience in high-stakes and bet-the-company litigation in both state and federal courts, Jonathan counsels clients on pre-litigation concerns and solutions, develops practical litigation strategies, and represents both requesting and producing parties. He also advises clients on cutting-edge issues in the information law field, including the intersection of AI/machine learning and legal requirements and the influence of emerging technologies on eDiscovery and information governance.

As a respected authority in the field of eDiscovery, Jonathan frequently provides expert services in contentious litigation matters concerning eDiscovery disputes. His work has included providing testifying expert services to address discovery scope, preservation, collection, production, and privilege debates and serving as a special master in cases to oversee the discovery process or to adjudicate disputes between the parties related to specific discovery or merits issues.

Continually at the forefront of the eDiscovery and information law fields, Jonathan helped conceive and found The Sedona Conference® Working Group Series on Electronic Document Retention and Production (WG1) in 2002. He served as chair for the first five years and currently is a chair emeritus. Jonathan has contributed thought leadership to numerous publications, including serving as Editor-in-Chief of “The Sedona Principles®.” Jonathan is a sought-after speaker worldwide, addressing topics ranging from cross-border discovery to information governance, privacy, data security, and emerging technologies.

Jonathan’s desire to continue to blaze the path in the field of information law extends to his extensive involvement in pushing the needle on civil rule reform, including his contributions to addressing the pervasive challenges and potential solutions surrounding privilege logs in civil litigation. In recent years, Jonathan and the Hon. John Facciola (ret.) led the inaugural Symposium on the Modern Privilege Log, which brought together key thought leaders to discuss ways to improve the legal framework concerning privilege logging and Rule 26 compliance. The work of the Symposium was cited in the 2022 Federal Civil Rules Advisory Committee recommendations for amendments to Rule 26 concerning privilege logs, and Jonathan continues to endeavor on the mission to achieve fairness and efficiency in privilege log protocols.

Prior to co-founding Redgrave LLP, Jonathan had been a partner with Jones Day and Nixon Peabody LLP, as well as Redgrave, Daley, Ragan & Wagner LLP and Gray, Plant, Mooty, Mooty & Bennett, P.A.

Professional Memberships

• The Sedona Conference® including initial Chair and Chair Emeritus of Working Group 1

• Advisory Board, Georgetown University Law School eDiscovery Institute

• Board of Directors, Lawyers for Civil Justice (LCJ)

• Fellow, Academy of Court Appointed Neutrals (ACAN)

• Member, Advisory Committee on the Electronic Records Archives for the United States National Archives and Records Administration (NARA)

• Member, International Association of Privacy Professionals (IAPP)

• Member, Editorial Board of The Federal Judges’ Guide to Discovery book published by the Electronic Discovery Institute

Publications

Selected Publications

• “Drafting a Document Retention Policy” (Thomas Reuters) (October 2023) (with Amanda M. Moeller and Daniel J. Zagoren)

• “Handling Privileged ESI, Including Simplifying the Creation and Use of Privilege Logs” (in the fourth edition of the treatise EDI Judge’s Guide to eDiscovery, Electronic Discovery Institute) (forthcoming) (with Nick B. Snavely, Eliza T. Davis, and Aviva S. Surugeon)

• “Discovery of Electronically Stored Information” (Business and Commercial Litigation in Federal Courts, 5th edition, December 2021) (updated annually since 2nd edition in 2005) (with Hon. George C. Hanks, Jr. and Hon. Shira A. Scheindlin)

• “Learning to Cooperate” (Thomson Reuters Practical Law) (updated July 2021) (with Peter C. Hennigan, Jordan C. Blumenthal, and Amenze S. Airhiavbere)

• “Insight: Special Masters Can Help Tame Court Backlogs After COVID-19” (Bloomberg Law) (April 29, 2020) (with Hon. Nan R. Nolan and Christopher Q. King)

• “Drafting a Document Retention Policy” (Thomson Reuters) (April/May 2019) (with Victoria A. Redgrave and Lisa Lukaszewski)

• “Expectations of Conduct by Counsel” (in the third edition of the treatise EDI Judge’s Guide to eDiscovery, Electronic Discovery Institute) (2017) (with Victoria Redgrave, Karen Hourigan, Monica McCarroll, Charles Ragan, and Mathea Bulander)

• “A Practical Guide to Achieving Proportionality Under New Federal Rule of Civil Procedure 26” (Federal Court Law Review, Vol. 9, No. 2, 2015) (with Hon. Elizabeth D. Laporte)

• “Understanding and Contextualizing Precedents in E-Discovery: The Illusion of Stare Decisis and Best Practices to Avoid Reliance on Outdated Guidance” (20 Rich. J.L. & Tech. 8) (Winter 2014) (with Keltie Hays Peay and Mathea Bulander)

• “Asserting and Challenging Privilege Claims in Modern Litigation: The Facciola-Redgrave Framework” (Federal Court Law Review, Volume 4, Issue 1 (2009)) (with Hon. John M. Facciola)

• “Special Masters and E-Discovery: The Intersection of Two Recent Revisions to the Federal Rules of Civil Procedure” (Cardozo Law Review, Volume 30, Issue 2. November 2008) (with Hon. Shira A. Scheindlin)

• Editor-in-Chief, “The Sedona Principles (Second Edition): Best Practices Recommendations & Principles for Addressing Electronic Document Production” (2007 Annotated Version) (published by The Sedona Conference® Working Group on Best Practices for Electronic Document Retention & Production (WG1))

Recent Speaking Engagements

• Moderator, “Looking Backward to Look Forward,” Georgetown Advanced eDiscovery Institute (October 31, 2023)

• Panelist, “Lawyers for Civil Justice: A Strategic Rules Update,” Annual EDI Leadership Summit (October 12, 2023)

• Panelist, “Key Components of a Best-in-Class Data Privacy Program,” Exterro Xchange Global Conference (September 20, 2023)

• Panelist, “The Future of eDiscovery: Artificial Intelligence,” WestLegal Ed (April 20, 2023)

• Presenter, “E-Discovery Breaking News,” The Osgoode Certificate in E-Discovery, Information Governance, and Privacy Program (February 7, 2023)

• Presenter, “The Impact of COVID-19 on E-Discovery,” The Osgoode Certificate in E-Discovery, Information Governance, and Privacy Program (September 20, 2022)

• Moderator, “Understanding AI and Machine Learning: Dos and Don’ts for the Innovative Legal Department,” (with Maura Grossman, Aaron Bath, and David Cohen) PREX 2021(September 28, 2021)

• Panelist, “Privilege Logs and the Use of Technology to Create a More Efficient Process” (with Amy Sellars), UT Law E-Discovery Essentials CLE (April 20, 2021)

• Moderator, “Privilege Logs: Episode IV A NEW HOPE” (with Hon. George C. Hanks, Jr., Robert L. Levy, and Joanne Sum-Ping), Electronic Discovery Institute 10th Annual Leadership Summit (October 13, 2020)

Work Highlights

• Providing extensive knowledge of litigation and advisory work for a broad range of global clients in multiple industries, focusing on practical solutions in “bet the company” litigation as well as advisory matters.

• Serving as a special master and a neutral and expert witness in a variety of matters.

• Serving as national and coordinating counsel for Fortune 100 clients regarding discovery/litigation strategies related to eDiscovery.

• Serving as amicus counsel at the district court and appellate court levels to address issues of significance regarding discovery.

• Preparing and defending depositions of corporate representatives regarding eDiscovery, IT, and records management.

• Developing information governance policies and practices.

• Assessing the retention and disposal of legacy data.

• Assessing process and technology solutions for eDiscovery and information governance matters.

Industry Sector Expertise

Special Master Appointments

• Wynn Resorts, Ltd. v. Kazuo Okada, et al. (Clark County Nev.) (2017)

District Judge: Hon. Elizabeth Gonzalez

Special Master addressing discovery review and production issues

• Abu Dhabi Commercial Bank, et al. v. Morgan Stanley & Co. Inc., et al. (S.D.N.Y.) (2011)

District Judge: Hon. Shira A. Scheindlin

Special Master for discovery matters

• Hohider, et al. v. United Parcel Service, Inc. (W.D. Pa.) (2008-2009)

District Judge: Hon. Joy Flowers Conti

Assistant to Special Master for discovery matters

Third-Party eDiscovery Neutral

• Rimini Street, Inc. v. Oracle International Corp., Case No. 2:14-cv-01699 LRH PAL (D. Nev.) (Retained September 2015; ongoing)

District Judge: Larry R. Hicks

Facilitator of parties’ development of ESI protocol for the use of technology-assisted review to efficiently identify and produce responsive custodial documents

Featured Expert Witness Engagements

• Pradaxa Cases, JCCP No. 4863, Richard Fourzon, et al., Case No. CGC-16-55486 (San Francisco Co. Sup. Ct., Cal.)

• Companion Property and Casualty Ins. Co. (n/k/a Sussex Ins. Co.) v. U.S. Bank National Ass’n., et al., Case No. 3:15-1300-JMC (D.S.C.)

• Decou v. Takeda Pharmaceuticals America, Inc., et al., Case No. A-13-683446-C (Clark Co., Nevada Dist. Ct.)

• Professional Massage Training Ctr., Inc. v. Accreditation Alliance of Career Schools and Colleges, Case No. 1:12-CV-00911 (LO-IDD) (E.D. Va.)

• Romero, et al. v. Allstate Ins. Co., Case Nos. 01-CV03894, 01-7402, 01-CV-6764 (RLB) (E.D. Pa.)

• Sjobring v. The First American Corp., Case No. BC329482 (Los Angeles Co. Sup. Ct., Cal.)

Education