Government Litigation & Discovery Services

DOJ Indictment

Array supported an electronics manufacturer and individual defendants facing a DOJ price-fixing indictment by delivering comprehensive data hosting and litigation support. The team processed and normalized more than 2 TB of DOJ-produced data, built a navigable 4.5 million-record database, and equipped counsel with advanced search tools and training to quickly surface relevant information. Array also conducted forensic hard-drive collections, assisted with deposition and trial preparation, and created organized witness materials. This end-to-end support enabled the defense team to manage highly sensitive data efficiently and effectively throughout the matter.

Union Dispute

A dispute ensued between a trade union and a breakaway union faction, in which each accused the other of breaking union laws and potentially destroying data. Under adversarial and challenging circumstances, Array collected over 1 TB of data from 147 individuals at 26 union locations across the United States and Canada. Array interviewed all custodians and gathered local and server-based email, as well as non-email files, hard copy documents, and targeted network server files. Array also collected emails from 59 web-based email accounts, filtered the data and provided culled results to a client-chosen vendor for further processing. 

State Employee Benefit Claim

Tobacco Producers Settlement 

Array assisted several State Attorneys General Offices (AGOs) in proving their diligence in meeting the terms of a 1998 landmark multi-billion-dollar settlement agreement with several tobacco producers. These agreements set penalties to be paid by the producers based on actual future tobacco sales, contingent upon certain criteria. One obligation that fell upon the states was proving diligence in their effort to collect escrow payments from non-party tobacco manufacturers. To ascertain the states’ diligence, Array independently analyzed multiple data sets that provided varying insights into tobacco sales and reporting activity and provided reports and testimony to refute the tobacco companies’ experts.

Pharmaceutical DOJ Investigation

Array assisted our client in cooperating with the DOJ effort by collecting 3.8 TB of data, strategically culling the population to 1.5 TB, and then processing and loading the data into our review tool. We supported our client’s relevance review and assisted with producing over 14 million TIFF images in the form of Concordance load files supplemented with native ESI and OCR text files. Of note, Array designed a custom review tool and advised on production protocol for call notes made by the sales teams within the company’s CRM system, which saved our client significant processing time and expense.

Large Civil Litigation

Array supported a major utility company facing large-scale civil litigation by rapidly deploying a comprehensive, scalable discovery strategy. Working under counsel’s direction, the team surveyed more than a thousand custodians, conducted extensive in-person and electronic collections, collaborated with IT to perform forensically sound data extractions, and imaged nearly 2,000 laptops. In total, we completed thousands of collections across six data types—amounting to 110 TB of data and 5.5 million scanned pages—and delivered the materials to multiple processing and review vendors. By gathering 90% of the data within just four months, we ensured the client was fully prepared during a highly challenging, high-stakes period.

Affidavit on eDiscovery Approach for Hamp Litigation

When Array’s law firm client sued a large bank on behalf of homeowners for violating federal mortgage regulations, it requested data and documents related to the Home Affordable Modification Program. The defendant objected, claiming that the burden and expense of the proposed discovery outweighed its benefit. Our client believed that the bank inflated the cost of the plaintiffs’ request but required a better understanding of industry standards to make the counterargument. By examining market rates and fees charged to similar clients, we prepared an affidavit of expert opinion estimating the total cost of collection, review, and production. Our work provided the client with the information necessary to invalidate the bank’s claim.

State Employee Benefit Claim

Our client, a state agency, was accused of not providing health care benefits to all state employees that were entitled to such benefits. Array gathered more than 60 million records of payroll and benefits data, in multiple electronic formats, which encompassed the activities of over sixty (60) state agencies over a ten-year period. Our team developed detailed analyses that factored in the complex and varying eligibility factors utilized by each agency to generate summary reports of all payroll records for which benefits should have been provided. We then compared those reports to actual records of benefits provided in order to ascertain the state’s potential liability and identify distinct classes of employees that could be legally excluded from the eligibility standards based upon various non-standard employment statuses, which further helped to reduce the client’s potential liability.