Discovery, preservation & expert evidence

Know where the relevant information lives.

Information may reside in email, business systems, messaging platforms, personal devices used for work, cloud storage, or third-party systems. The scope of preservation and collection depends on the matter. A practical plan identifies custodians, systems, retention settings, and responsibility for implementation.

Preservation before collection

Work with counsel to identify relevant information and suspend routine deletion where appropriate. Preserve context and metadata when needed. A preservation plan should be communicated, tracked, and revisited as the issues develop; preserving information does not mean every item must be produced.

Scope and proportionality

Requests and responses should be evaluated against the governing rules, the claims, and the importance of the information. Discuss search methods, phased production, burdens, confidentiality, and privilege before allowing costs to grow without a defined objective.

Witnesses and company testimony

Identify who understands the underlying events and who can explain the company’s systems and practices. Prepare for interviews, depositions, and corporate testimony through a reliable review of the record. Avoid treating recollection as a substitute for contemporaneous evidence.

Experts with a defined assignment

Economic, technical, accounting, or industry experts should be selected around the questions they must answer. Review data availability, methodology, assumptions, and potential challenges. Expert costs should be incorporated into the litigation plan and revisited as issues narrow.

A practical next step

Identify key custodians, data sources, retention practices, vendors, and existing litigation holds. Let counsel evaluate privilege and production obligations before sharing collected material outside the defense team.