Forensic Discovery: A Defensible Approach to Reduce Litigation Costs

Like evidence traces such as fingerprints, hair, clothing fibers and DNA, activities in the digital realm also leave trails that may include deletion activity, data theft, website activity, and secretive communications. While properly preserving and identifying these digital artifacts early during a potential legal dispute is often required in today’s litigation environment, analyzing the data at this early stage produces a quicker and more cost-effective resolution, and often can shed some light on what prompted the dispute. Denver-based Forensic Discovery has built its company around this belief with a core suite of offerings: Data Preservation/Collection, Forensic Analysis, Early Case Assessment, and Expert Consulting.

With its breadth of experience in the digital forensic space, Forensic Discovery helps its clients to reduce their litigation costs by answering crucial investigative questions from the outset. The company’s comprehensive assessments of various data sources associated with each matter and customized solutions help eliminate complexities in the investigation processes.

“Our tried-and-true process for collecting, extracting and analyzing data allows for seamless flexibility with our clients’ document review systems while protecting the integrity of the evidence,” says Trent Walton, president of Forensic Discovery. “Our Forensic Discovery team is capable of executing collections across a wide variety of devices and platforms, and we are proud to be among the top companies in the industry today.”

At the foundation of Forensic Discovery’s work is ensuring that all requirements for gathering and preserving evidence are met, thereby safeguarding its clients. Using state-of-the-art tools, Forensic Discovery collects data from targeted sources, narrows the scope of data, and employs defensible techniques and tools to ensure its integrity. Computer artifacts that may be involved include data theft, data destruction, web history, and other usage information. Moreover, the evidence contained within mobile devices has proven to be a game-changer and has shaken up the litigation process in recent years. Forensic Discovery assists its clients in developing legal strategies to gain access to data on mobile devices and offers a flat rate triage service that includes collection and initial data analysis at a single predictable cost.

Just like in sports, a good defense is often the best offense. We want to give our clients the information they need right from the start, so they can more accurately determine their costs as early as possible

Following data collection, Forensic Discovery conducts a comprehensive forensic analysis and prepares its findings a way most suitable to its clients.

“Our focus is to listen to our clients and develop customized strategies to meet the needs and challenges of their cases,” adds Walton.

To help resolve potential issues in gathering large volumes of data, Forensic Discovery offers an early case assessment hosted document platform, NUIX, which allows its clients to analyze the data as soon as it is collected. Through NUIX, Forensic Discovery can archive, cull data, project costs, and prepare for 26(f)/meets and confers, as well as process and export data to a document review platform for client assessment. Clients can then cull down the potentially responsive data by using search terms, de-duplication, near duplication, email thread suppression, and many other advanced techniques. This allows legal teams to project the billable hours needed before document review even begins.

“Just like in sports, a good defense is often the best offense. We want to give our clients the information they need right from the start, so they can more accurately determine their costs as early as possible,” Walton explains. “This has proven to be extremely effective in challenging broad discovery requests and negotiating reasonable search terms with the requesting party.”
Forensic Discovery

Forensic Discovery

Glen Lyn, VA

Trent Walton, Co-Founder