Expert Testimony and Witnesses
Burdensome Discovery Requests
Why their request won’t work
Throughout the discovery process it can be tricky to respond to interrogatories and document production requests. Production requests are often pulled from a template that is overly broad and burdensome. Responding “no” is often not enough. The Forensic Discovery team will establish a strong argument of why the current request won’t work. This may include difficulty to access data, costs, of collection, the likelihood of unique relevant information, costs of processing and most importantly the estimated billable time for an attorney to review the data.
Provide a better plan
After our affidavit establishes the original request as unreasonable, our experts will provide a more reasonable and cost-effective approach to the court. Our efforts often yield the most cost-effective discovery process and the ability to meet discovery deadlines. The Forensic Discovery team has a stellar track record of clients receiving a favorable court order after our affidavit is submitted.
The Proof is in the Results
Mr. Walton provided an affidavit regarding developing an alternative and more reasonable electronic data preservation and processing required of ASARCO. The affidavit resulted in the court granting Mr. Walton’s approach bringing the estimated eDiscovery costs from an estimated $566,452.12 to $73,270.00.
~ASARCO LLC Chapter 11 Jointly Administered (In the United States Bankruptcy Court for Southern District of Texas, Corpus Christi Division, Case No. 05-21207)
26(f) Meet and Confer, Case Management Conference
Forensic Discovery often works with clients to help properly prepare for a 26(f) or Case Management Conference. Our team will establish scopes that may include data sources, data types, date ranges, associated custodians, custodial surveys, search terms and production formats. We’ve found that the better prepared party often has the strategic discovery advantage throughout the litigation.
Data Types, Date Ranges, Custodians
Determine Search Terms
Productions received from opposing counsel are often incomplete and in a burdensome format. Poor productions may be due to technical negligence or could be intentional. Our experts can provide guidance on why a production may be insufficient and draft an affidavit explaining what needs to be done to supplement the current production and for future productions.
If your case requires a forensic analysis, we provide affidavits, reports and testimony based on our findings. One of our most common reports is the Theft of Trade Secrets Triage. Forensic Discovery offers a device triage service to determine whether confidential business information and intellectual property has been taken without authorization. We then provide a detailed report to help answer questions related to data exfiltration and determine if the case requires further analysis.