Expert Testimony and Witnesses
Expert testimony is our specialty. The Forensic Discovery team is happy to testify at your client's deposition or trial.
26(f) Meet and Confer
Whether it is a 26(f) or a Case Management Conference our experts will help prepare your legal team.
Start Discovery in the right direction by establishing an eDiscovery Protocol also known as an ESI Protocol.
When opposing counsel is asking for too much respond with a strong argument and a smart solution.
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 ScopesDocument Sources
- Filtering protocolData Types, Date Ranges, Custodians
- Determine search terms
- Production formats
When discovery doesn’t start off on the right foot with opposing counsel, the effects will be felt throughout the entire litigation. Forensic Discovery assists clients with establishing an ESI Protocol amongst all parties in a litigation. This defines the rules and expectations to properly extract, filter, process and produce data in a format that will be easily tracked and viewable by all parties. Our expert will draft a protocol to meet the needs of your case.
- Scope of Collection
- Scope of Search
- Production Format
- Handling of Privilege
- eDiscovery Liason
- Unstructured Data
- Misc. Considerations
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 and provides a detailed report to help answer questions related to data exfiltration and determine if the case requires further analysis.