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eDiscovery Featured

Pharmaceutical Average Wholesale Price Suit

| December 3, 2025

The Challenge:

The pharmaceutical client was confronted with a lawsuit alleging the reporting of inflated average wholesale prices for their manufactured drugs. This posed a significant challenge, requiring the client to efficiently manage the discovery process to limit data processing and review costs. Array was brought in to guide the initial discovery phase.

AT A GLANCE

Our pharmaceutical client was accused of reporting inflated average wholesale prices for drugs they manufacture, leading to a lawsuit. Array was engaged to provide strategic advice and eDiscovery support to navigate the complexities of the legal proceedings.

RESULTS

Array's legal technology and eDiscovery expertise helped the pharmaceutical client successfully negotiate search terms, streamline data collection, and ensure compliance with legal procedures, saving substantial costs.

KEY SOLUTION

eDiscovery

 

The Solution:

Array formulated a comprehensive strategy to address the legal challenge and minimize costs associated with eDiscovery. The initial step involved providing advice on negotiating search terms to restrict the volume of data processed and reviewed. This strategic approach aimed at focusing on relevant information while avoiding unnecessary expenses.

 

Array further advised on custodian identification and collection methodology. To gather relevant data, a specialized team was dispatched to another state for custodian interviews and collecting both hard copy and electronic data. Targeted and forensic approaches were employed to ensure a thorough and accurate collection process.

 

Data collected was then loaded into a web-based review platform for relevance and privilege review. In addition, Celerity coordinated the extraction of sales transaction data from SAP and Oracle, loading it into a SQL database. This data was produced to the plaintiffs in a “reasonably usable format” as required by Rule 34 of the Federal Rules of Civil Procedure.

 

The Results:


Array’s strategic advice and streamlined approach produced significant results for the pharmaceutical client. By negotiating search terms and implementing an efficient data collection methodology, Array successfully limited the amount of data processed and reviewed. This, in turn, resulted in substantial cost savings for the client.

 

The extraction and production of sales transaction data in a “reasonably usable format” further demonstrated Array’s commitment to compliance with legal procedures. The client’s ability to provide relevant information in an accessible format contributed to a smoother legal process.

 

KEY ACHIEVEMENTS:

  • Cost Savings: Advice & streamlined approach estimated to have saved hundreds of thousands in processing and review costs.

  • Efficient Data Collection: The strategic custodian identification & collection methodology ensured the gathering of relevant information while minimizing unnecessary data processing.

  • Compliance & Accessibility: Coordination of data extraction & production met legal requirements, providing plaintiffs with information in a “reasonably usable format.”

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