Expert Testimony and Witnesses

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Expert Testimony

Expert testimony is our specialty. The Forensic Discovery team is happy to testify at your client’s deposition or trial.

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26(f) Meet and Confer

Whether it is a 26(f) or a Case Management Conference our experts will help prepare your legal team.

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ESI Protocol

Start Discovery in the right direction by establishing an eDiscovery Protocol also known as an ESI Protocol.

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Burdensome Requests

When opposing counsel is asking for too much respond with a strong argument and a smart solution.

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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 is 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.

Determine Scopes

Document Sources

Filtering Protocol

Data Types, Date Ranges, Custodians

Determine Search Terms

Production Formats

ESI Protocol

  • Scope of Collection

  • Handling of Privilege

  • Misc. Considerations

  • Scope of Search

  • eDiscovery Liason

  • Production Format

  • Unstructured Data

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Insufficient Productions

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.

Forensics Testimony

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 and provides a detailed report to help answer questions related to data exfiltration and determine if the case requires further analysis.

Computer Forensics

Mobile Phone Forensics

Technical eDiscovery

eDiscovery Review

Expert Testimony

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