Discovery Strategy

Overview

Composed of skilled litigators, data technicians and project managers, Gunster’s Discovery Strategy team has earned a reputation as a leader in the field. Regarded as one of the largest, most experienced and most innovative groups in the nation, our team manages some of the most complex, data-intensive cases across the U.S. and beyond. Using cutting-edge technologies and advanced analytics, we consistently deliver efficient, defensible and cost-effective solutions.

Our Strategic Approach

Discovery is often the single biggest driver of litigation cost and risk. We build every discovery plan to align with trial strategy from day one, pairing experienced discovery counsel with merits teams to identify the facts that matter and ensure every decision is technically sound and strategically calibrated to desired outcomes. Through proactive planning and targeted preservation assessments, we survey decades of records and data sources, then design efficient, defensible workflows that eliminate inefficiencies and reduce risk. 

Unlike traditional models that rely on high-cost lawyers for operational discovery tasks, our team integrates legal, technology, and project management expertise to deliver consistency across documents, depositions, experts, and matters. More than half of Gunster’s Discovery Strategy team are non-lawyers who focus exclusively on discovery management, working at lower rates with deeper specialized expertise. This multidisciplinary structure, combined with robust tracking systems and disciplined process control, enhances defensibility and ensures repeatable, matter-to-matter consistency.

Where We Excel

Our Discovery Strategy team designs and implements tailored solutions that remove roadblocks, reduce costs and help achieve favorable litigation results. We regularly serve as national discovery counsel and are often retained by other law firms and multinational corporations for proactive information governance and case-specific discovery needs. Our team members bring extensive experience coordinating discovery in multijurisdictional cases, including multidistrict litigation, class action cases and cross-border matters.

Our services include:

• Conducting prelitigation assessment and planning, including targeted preservation assessments and surveys of custodial and noncustodial data across decades of records.
• Preserving custodial and noncustodial data, as well as third-party sources.
• Identifying and coordinating appropriate document sources and tracking collections.
• Developing and negotiating ESI agreements and protective orders.
• Receiving, tracking, responding to, and negotiating requests for production and interrogatories.
• Advising on review methodologies (including TAR) and managing reviews.
• Developing privilege withholding guidance and privilege logs, and defending against privilege challenges.
• Leveraging secure tools and AI—through our captive vendor, Zest—to accelerate insight, design efficient, defensible workflows, and identify critical information quickly.
• Coordinating data production and managing discovery deadlines.
• Handling any meet-and-confer discussions and/or hearings on defensive discovery topics.
• Partnering discovery counsel with merits teams to align discovery with trial strategy and optimize outcomes.

Recognized Leaders

Our attorneys are from Am Law 100 firms and include commercial litigation and eDiscovery thought leaders, Certified eDiscovery Specialists and a member of the board of the Association of Certified E-Discovery Specialists. The team also includes professors of eDiscovery and legal operations at leading law schools across the country and attorneys who have authored and edited numerous publications, moderated panels, and spoken globally on eDiscovery law, artificial intelligence, information governance and defensible disposition, cross-border discovery, privacy compliance, and emerging technologies.

Our firm is top-ranked by Chambers USA, and our attorneys have received the following eDiscovery-related recognitions:

• Chambers Global for 'E-Discovery & Information Governance'
• Chambers USA for 'E-Discovery & Information Governance'
• The Legal 500 as a 'Next Generation Partner for Dispute Resolution: E-Discovery'

What Our Clients Say

Anonymous responses from the 2025 Edition of Chambers & Partners: USA - Nationwide

• “Gunster is able to handle large, multidistrict litigation, with challenging and complex eDiscovery technology. They are building a full-service team full of talent and experience."
• “Gunster has deep expertise in legal and technology aspects of eDiscovery, excellent in communications with opposing counsel, and offer superior counsel in complex, nuanced matters.”
• “True eDiscovery expertise is difficult to come by and the Gunster eDiscovery team has it in spades. They combine deep technical expertise, eDiscovery case law and strategy.”
• “Gunster’s subject matter expertise in this area is unmatched. No matter how cutting-edge or obscure the issue, they come prepared because they’ve often seen and handled it before."