Robin E. Stewart

(816) 502-4627
(816) 960-0041 Fax

Ms. Stewart is the founder and chair of Kutak Rock’s eDiscovery Practice Group and a member of the firm’s commercial litigation practice.

eDiscovery Practice

From her days litigating tobacco, pharmaceutical and medical device products cases when eDiscovery was still in its infancy, to her stewardship of Kutak Rock’s eDiscovery Practice, Ms. Stewart has pioneered the development of efficient, practical and effective approaches to address the explosion of electronically stored information’s use in modern litigation. Today, Ms. Stewart is recognized by her peers, judges, competitor firms, service professionals and think tanks as a global expert on electronic discovery, digital evidence and attendant issues. 

She is appropriately credited with the creation, development and ongoing success of the National eDiscovery Leadership Institute (“NeLI”). NeLI is a preferred venue for cutting-edge thought leadership, a recognized platform for top-tier judicial scholarship, and an accessible setting for practitioners and service providers to share their insights with the bench and bar on all things eDiscovery related. Through Ms. Stewart's leadership, NeLI has attracted the best and brightest minds in the eDiscovery world and brought them to NeLI every year. Due to Ms. Stewart's leadership of NeLI, it has become one of the leading eDiscovery seminar brands and a magnet for professionals in the eDiscovery area. Ms. Stewart also serves on the ESI Rules Committee for the United States District Court Western District of Missouri and is an active member of the Sedona Conference Working Group 1 which works tirelessly to create a common framework for the discussion and resolution of eDiscovery disputes. These Sedona Principles, which she helped draft, are often considered and cited by the judiciary in rendering its decisions on electronic discovery disputes.

Given Ms. Stewart’s national reputation, she is a frequently sought after speaker on eDiscovery. Her thought leadership is requested dozens of times per year across the country, and she actively works with conference organizers, bar organizations and CLE providers to craft and present informative seminars for both leaders in the field and newcomers alike.

Commercial Litigation Practice

While Ms. Stewart regularly counsels clients in all aspects of the electronic discovery spectrum, she also maintains an active commercial litigation practice, which is rare in today’s super-specialized legal market. She has served as national lead trial counsel in dozens of state and federal litigation matters and has represented clients in numerous class action cases involving antitrust, environmental, product liability, false advertising, consumer protection, Telephone Consumer Protection Act, the Americans with Disabilities Act and a variety of other state and federal claims. Some of her representative matters are listed below.

ADA Litigation. Ms. Stewart represents numerous organizations across the country in their defense of ADA-related claims. Her clients include restaurants, educational institutions and large and small retailers. Most recently, she is defending many clients involved in the emerging area of website accessibility litigation matters. Given her expertise in this area, she frequently has been interviewed and quoted by legal publications and regularly writes and speaks on this area of law.

Financial Services. Ms. Stewart represents numerous clients in the financial services industry in matters ranging from disputes between and among investors, to assisting clients in overcoming regulatory hurdles to defending clawback claims from receivers and trustees. Most recently, she represented one of the nation’s largest tax credit syndicators in successfully resolving litigation resulting from a dispute with its general partner; handled a complex investor dispute for one of the largest financial services and insurance firms in the world; and represented New York-based underwriters in a litigation matter stemming from the largest bankruptcy case in Kansas history.

Antitrust. Ms. Stewart represented a large health care provider in a class-action matter alleging price fixing of nurse wages in violation of Section 1 of the Sherman Antitrust Act (Cason-Merenda et al., v. Detroit Medical Center, et al., Case No. 06-15601 (E.D. Mich.)). She worked directly with the client, experts, and co-defendants on key legal issues, which led to a partial summary judgment and favorable class action settlement on behalf of the client.

Telecommunications. Ms. Stewart served as the lead attorney representing several clients in both state and federal courts in matters involving alleged violations of the Telephone Consumer Protection Act (“TCPA”) and several state statutory and common law claims. As a representative example, she recently obtained a class decertification ruling effectively ending an $85 million dispute that began with a default judgment against her client prior to her retention. Thomas C. Duke v. Construction Expo, et al., Case No. 1016-CV0353 (Mo. Cir. Ct. July 29, 2013).

Product Liability and Consumer Protection. Ms. Stewart has represented a variety of Fortune 500 companies, including Philip Morris USA Inc., Lorillard Tobacco Company, Inc., Home Depot U.S.A., Mitsubishi Motor Manufacturing of America, Inc., Loews Corporation, Boston Scientific (formerly Guidant), and Bristol-Myers Squibb Company. In addition to successfully defeating class certification motions on behalf of several clients faced with product defect and consumer protection claims, she played a key role in the Boston Scientific/Guidant MDL No. 1708, In re: Guidant Corp. Implantable Defibrillators Product Liability Litigation, which consisted of nearly 2,000 cases and 74 putative class actions cases pending in the U.S. District Court for the District of Minnesota.

Environmental. Ms. Stewart tried and defeated all claims brought against a client in a $34 million case in federal court involving complicated environmental and leasehold claims made by a landfill developer against a quarry operator. She also has represented insurance carriers involved in multimillion-dollar toxic tort and environmental class actions.

Recent Media Mentions

  • Quoted, article “Judges handling ADA website lawsuits not waiting on DOJ regulations,” March 30, 2016.
  • Quoted, article “Plaintiffs bar, blind clients increasingly targeting companies’ websites with disabilities lawsuits,” February 22, 2016.
  • Author, JD Supra, Article “ADA Litigation Over Website Accessibility is Exploding,” February 15, 2016.
  • Recognized, Missouri Organization of Defense Lawyers, Article “National eDiscovery Leadership Institute: Current Topics of eDiscovery and Amendments to the Federal Rules of Civil Procedure,” Winter 2016 edition.

Recent Presentations

  • Speaker, Social Media & eDiscovery, National eDiscovery Leadership Institute, August 9, 2016.
  • Speaker, Social Media & eDiscovery, National Business Institute, August 2, 2016.
  • Moderator, Judicial Panel, eDiscovery: Views from the Bench and Key Federal Rule Amendments, National eDiscovery Leadership Institute, June 7, 2016.
  • Speaker, Non-Profit Conversations Seminar, Social Media Discovery & Evidence, May 3, 2016.
  • Moderator, E-Discovery: A Judicial Perspective and Update on the Federal Rules, Missouri Organization of Defense Lawyers, April 28, 2016.
  • Panelist, Mass Torts Judicial Forum, HB Litigation Conferences, April 15, 2016.
  • Speaker, ADA Website Accessibility Litigation Webinar; April 13, 2016.
  • Guest Lecturer, Washburn University School of Law, February 17, 2016.
  • Panelist, Decade of Discovery, movie screening, UMKC Law School, October 21, 2015.
  • Master of Ceremonies, 2015 National eDiscovery Leadership Institute; September 29, 2015.
  • Speaker, The Impact of Social Media in Discovery Practice, Missouri Bar CLE, July 22, 2015.
  • Speaker, Ross T. Roberts Trial Academy, U.S.D.C. W.D.MO., Social Media in Discovery, April 7, 2015.
  • Speaker, St. Louis State of Litigation Conference; February 26, 2015.
  • Speaker, Heartland Paralegal Association, Social Media in Discovery, Fall Seminar, November 14, 2014.
  • Master of Ceremonies, National eDiscovery Leadership Institute Launch; October 14, 2014.
  • Speaker, The Impact of Social Media in Discovery Practice, Missouri Bar Webinar, July 16, 2014.
  • Speaker, Proposed Changes in the Federal Rules of Civil Procedure, Lathrop & Gage State of Litigation conference, June 2014.
  • Speaker, All Things eDiscovery, Judge Hugh Means Inns of Court Legal Seminar, April 24, 2014.
  • Speaker, Trends and Issues Currently Pending in Missouri and Kansas, Association of Corporate Counsel – Mid-America Chapter, April 2014.
  • Speaker, eDiscovery from the Trenches, Everything You Don’t Know About E-Discovery (But Wish You Did) Seminar, National Business Institute, March 28, 2014.
  • Speaker, The Newly Proposed Federal eDiscovery Rules (A Trial Lawyer’s Perspective), You Don’t Know About E-Discovery (But Wish You Did) Seminar, National Business Institute, March 28, 2014.
  • Speaker, Preparing for Proposed Amendments to the FRCP, Google Hangout session, LegalTech New York, February 4, 2014.
  • Speaker, E-Discovery and Data Review, webinar, Virtual Legal Tech, ALM, November 14, 2013.
  • Panelist, Big Data Privacy: Business & Government, Seminar, University of Denver, October 25, 2013.
  • Speaker, eDiscovery Issues Arising in Antitrust Litigation, Seminar, University of Denver, October 24, 2013.
  • Speaker, eDiscovery From the Trenches, lexPORT Tech Expo, Missouri Bar and the Technology and Computer Law Committee, October 3-4, 2013.
  • Speaker, National Conference of Insurance Guaranty Funds, Electronic Records and EDiscovery, Legal Seminar, July 24, 2013.
  • Speaker, Social Media and E-Discovery, Everything You Don’t Know About EDiscovery (But Wish You Did) Seminar, National Business Institute, March 22, 2013.
  • Speaker, Making Your Online Evidence Usable in the Courtroom, Everything You Don't Know About eDiscovery (But Wish You Did) Seminar, National Business Institute, March 22, 2013.
  • Speaker, eDiscovery in a Highly Regulated Industries, Q1 Productions, Financial Services Legal Seminar, February 25, 2013.
  • Panelist, Legal Tech, New York, Technology-Assisted Review (TAR) Lessons from the Real World, January 30, 2013.
  • Panelist, Legal Tech, New York, Improving Client Outcomes with E-Discovery: Tools, Technology, and Successful Litigators, January 30, 2013.
  • Panelist, Electronically Stored Information Panel, Kansas Association of Defense Counsel, December 8, 2012.
  • Panelist, Information Technology, Cloud Computing and Legal Outsourcing Industry: Does Legal Process Outsourcing Add Wings to Document Review?, Global LPO Conference and Exhibition, October 12, 2012.
  • Speaker, Social Media and E-Discovery, State of Litigation Seminar, Lathrop & Gage LLP, May 24, 2012.