Martin T. Tully

Practice Areas

E-Discovery & Information Governance

Career

Martin T. Tully, Partner at Redgrave LLP, is a nationally recognized attorney whose extensive focus on eDiscovery, information governance, and data privacy and cybersecurity have established him as a force in the information law space. With over three decades of experience, Martin has represented companies and individuals in complex and high-stakes commercial litigation cases, including as lead counsel in federal and state court jury and bench trials and arbitrations. He advises clients on a range of litigation and investigation needs, offering insights into overall discovery strategies.

Martin handles all aspects of pre-trial litigation and discovery, including preparation, briefing, and argument of discovery motions, motions to dismiss, motions for summary judgment, preparation of experts for deposition, and taking and defending depositions. With a charismatic and knowledgeable approach, Martin strives to work collaboratively with all stakeholders to navigate a path toward efficient dispute resolution.

Martin’s litigation experience encompasses a broad spectrum of cases, from catastrophic turbine failures to complex toxic tort class actions. He has secured significant judgments and defended clients in data breach class action lawsuits, wage-fixing antitrust cases, qui tam actions, and more. Martin takes both a tactical and strategic approach to his matters, seeking to understand his clients’ past, present, and future legal and business needs and aligning them with the industry and regulatory landscape. He also leverages his profound knowledge of evolving technology, including collaboration tools and artificial intelligence (AI), to drive practical solutions that create value, efficiency, and competitive advantage.

Martin also has significant experience counseling clients on information governance programs and best practices. He develops and implements policies and procedures concerning defensible disposition and data minimization strategies and helps clients evaluate retention practices to determine the best approaches to cut costs and reduce risk. With a deep background and understanding of the data privacy landscape, Martin provides clients with holistic information governance recommendations related to evolving data privacy regulations and cybersecurity concerns.

As a thought leader in information law, Martin has authored and presented extensively on eDiscovery, information governance, data privacy, cybersecurity, and legal technology. He co-authored the chapter “Electronic Discovery in Civil Litigation” in the American Bar Association Guide for In-House Counsel: Practical Resource to Cutting Edge Issues and contributed to The Sedona Principles, Third Edition Best Practices, Recommendations & Principles for Addressing Electronic Document Production. Chambers USA has consistently recognized Martin as a top lawyer in the field of E-Discovery & Information Governance.

Outside of his professional roles, Martin has demonstrated his commitment to community involvement and public service by serving multiple terms as the mayor and a councilmember of his hometown, Downers Grove, Illinois.

Before joining Redgrave LLP, Martin was a founding partner at Actuate Law LLC. He was also formerly a litigation partner at Akerman LLP, Katten Muchin Rosenman LLP, and Kirkland & Ellis LLP.

Professional Memberships

• Chair, Steering Committee of the Sedona Conference Working Group on Electronic Document Retention and Production (WG1)

• Member, Sedona Conference Working Group on Data Security and Privacy Liability (WG11)

• Member, ABA Section of Litigation, Privacy, and Data Security Committee

• Member, International Association of Privacy Professionals (IAPP)

• Member, EDRM Global Advisory Council

• Former Director-at-Large, Association of Certified E-Discovery Professionals (ACEDS), Chicago Chapter

• Former Member, 7th Circuit Council on E-Discovery and Digital Data

Publications

Exemplar Publications

• “It’s 10 P.M.: Do You Really Know How Well Your Service Provider Has Secured Your Data?” (The Legal Intelligencer) (May 2023) (Co-author: Eliza Davis)

• “The Sedona Conference Commentary on Proposed Model Data Breach Notification Law (The Sedona Conference) (May 2023) (Served on Drafting Team)

• “The Sedona Conference Primer on Managing Electronic Discovery in Small Cases” (The Sedona Conference) (May 2023) (Served on Steering Committee)

• “Cyber-Liability For The C-Suite: Mitigating The Risks Of Senior Management (And Potentially Directors) Being Held Personally Accountable For Data Breach Incidents” (The Circuit Rider) (May 2023) (Co-author Chuck Ragan)

• “It’s 10 P.M. Do You Know How Secure Your Data Is?” (Redgrave LLP) (March 2023) (with Chuck Ragan)

• “Data Minimization Meets Defensible Disposition: Just Say No to ROT And Over-Retention of Personal Information” (Cybersecurity Law & Strategy and Law.com) (December 2022) (with Nick Snavely)

• “The Sedona Conference Primer on Managing Electronic Discovery in Small Cases” (

• “White House Adds Its Voice to Growing Consensus on AI Ethical Requirements” (Redgrave LLP) (October 2022) (with Eliza Davis)

• “Data Minimization and Avoiding the Over-Retention of Personal Information” (Thomson Reuters Practical Law Litigation and Practical Law The Journal) (October 2022)

• “How to Lose a Privilege In 10 Steps (Or Fewer): Recent Case Clarifies Scope of FRE 502(d) and Marital Privilege” (Legaltech News) (July 28, 2022) (with Tara Emory and Nick Snavely)

• “The CPRA Will Soon Amend and Supplement the CCPA, Adding New Requirements Applicable to Covered Businesses with California Employees. Is Your Organization Prepared?” (Redgrave LLP) (June 2022) (with Eliza Davis)

• “Facial Recognition Proliferation: Litigation and Legal Implications of Biometric Technologies” (1 JOURNAL OF EMERGING ISSUES IN LITIGATION 31) (Winter 2021) (with Debbie Reynolds)

• “Cheap Tricks: Challenging Fabricated Evidence” (ABA 14th Annual National Institute on E-Discovery Symposium Paper) (April 2020) (co-author)

• “Chapter 10: Electronic Discovery in Civil Litigation” (American Bar Association Guide for In-House Counsel: Practical Resource to Cutting Edge Issues) (2019) (co-author)

• “Employee Data Gets Promoted: What are the GDPR’s Impacts on Employee Data, and What Should US Employers Do?” ABA 13th Annual National Institute on E-Discovery Symposium Paper (April 2019) (co-author)

Recent Speaking Engagements

• Moderator, “Generative AI and eDiscovery: What May the Future (or Present) Hold?”, The Sedona Conference Working Group 1 (WG1) Virtual Town Hall, December 2023

• Panelist, “Privacy, Trust & Consent,” BIPA is Turning 15 … What Have We Learned? Seminar (October 2023)

• Panelist, “California Dreaming Deep Dive: The CPRA Is Now Live, What Does It Mean For RIM and Information Governance,” InfoCon 2023 (October 2023)

• Panelist, “The Current State of U.S. Data Privacy Laws and What They Mean for InfoGov,” InfoCon 2023 (October 2023)

• Moderator, “The State of Working Group 1,” The Sedona Conference WG1 Annual Meeting (October 27, 2023)

• Panelist, “Legal Tech in the Mainstream: What’s Missing from the Conversation around Digital Evidence, GenAI, and Law,” On Point 2023 (September 2023)

• Panelist, “The Sedona Conference Commentary on Proposed Model Data Breach Notification Law,” Webinar (July 2023)

• Presenter, “Proving Privilege - Must Organizations Maintain Certain Records to Support Future Claims of Attorney-Client Privilege or Work Product?” MER Conference (May 2023)

• Moderator, “Have Traditional Documents Gone the Way of the Dinosaur? What it Means for the Conduct of eDiscovery,” 12th Annual EDI Leadership Summit (October 2022)

• Panelist, “Privacy Soup: CCPA, CPA, ADPPA, GDPR, etc. — Where Do U and I Fit In?” ASU-Arkfeld eDiscovery, Law, and Technology Conference (October 2022)

• Panelist, “Cybersecurity 360 – Addressing the Threat Landscape with Key Players, including Regulators, Insurers, Customers and Remote Workers,” ASU-Arkfeld eDiscovery, Law, and Technology Conference (October 2022)

• Panelist, “Addressing the Cybersecurity Threat Landscape in the Legal Services Industry,” U.S. Legal Support Webinar (June 2022)

• Panelist, “Rule 45 Subpoenas to Non-Parties: You Can’t Always Get What You Want. (But If You Try, Sometimes, You Just Might Find, That You Get What You Need),” National eDiscovery Leadership Institute (June 2022)

• Panelist, “When Data is Held Hostage: A Tripartite Workshop on Best Practices for Preventing, Responding to, and Recovering from a Ransomware Attack,” MER Conference 2022 (May 2022)

• Presenter, “When Privacy Goes Public: The Latest in the New Wave of U.S. Data Privacy Laws,” MER Conference 2022 (May 2022)

• Panelist, “Attack of the Collaboration Apps,” ABA 16th Annual National Institute on E-Discovery (May 2022)

• Panelist, “Search 2.0: Integrating AI with Keywords to Revolutionize Document Search,” Legalweek 2022 (March 2022)

• Presenter, “Today’s Cybersecurity Modern Warfare Defensive Strategy,” Guidepoint Security Webinar (March 2022)

• Panelist, “Discovery Scoping and Proportionality Analysis Just Got Easier,” Association of Certified E-Discovery Specialists (ACEDS) (February 2022)

• Moderator, “Migration, Integration, Disposition, OH MY!” 2021 Georgetown Law Advanced eDiscovery Institute (November 2021)

• Moderator, “Privacy and Data Security Legislative and Regulatory Update,” The Sedona Conference Working Group 11 on Data Security and Privacy Liability (WG11) Midyear Meeting (October 2021)

• Panelist, “Unconventional Advice on ESI Protocol Negotiation: Beware What You (Blindly) Ask For Or Agree To,” 6th Annual Conference of the National eDiscovery Leadership Institute (NeLI) (August 2021)

Work Highlights

• Representing a transportation company as discovery counsel in a significant, complex, and high-stakes matters litigation matter involving a high volume of complex data sources, coupled with ongoing matters in various jurisdictions, multiple law firms, and vendors

• Working with a global automotive company to provide ongoing guidance on eDiscovery, information governance, and data privacy issues

• Providing a systematic review, categorization, and disposition of hard-copy documents and strategic advice concerning updates to the information governance program for a nationwide retail chain

• Advising a healthcare company regarding its records retention policy and schedules

Education