Case Study

Challenge.
In 2023, a Fortune 100 plaintiff retained new V10 counsel late in the discovery stage of complex nine-figure state court litigation. The discovery deadline rapidly approached, and the judge signaled it would not be extended.

New counsel needed dozens of hostile fact witnesses around the world located. Then, subpoenas had to be domesticated effectively in whatever jurisdiction necessary. Finally, witnesses needed properly served in time for compliance before the discovery deadline.

The stakes were high and time was short.

Action.
TCI rapidly located every possible witness, including those attempting to conceal their whereabouts both inside and outside the United States.

TCI deftly navigated diverse domestication processes nationwide, which varied not only by state but also sometimes by county.

TCI effectively served every pursued witness, despite extraordinary lengths by many to evade service.

Result.
100% task success.

Counsel increased strategic flexibility: access to every possible desired witness in order to win.

Counsel increased available time: “several dozen hours” of associate time directly saved by TCI’s solutions-oriented self-management.

Plaintiff ultimately saved tens of thousands of dollars in fees, thanks to associate time saved.

Contrast.
Plaintiff had results.

Defense had excuses: opposing counsel lamented in open court that their desired third-party witnesses were not served because they lacked “the right vendor.”

Foreign National.
One witness appeared out of reach, as a foreign national living outside the United States. However, TCI identified a conference at which she was scheduled to speak in Arizona later the same week. After quickly procuring a physical location in the appropriate county for document production location compliance, TCI domesticated the subpoena in the local court and immediately flew across the country. When the connecting flight was canceled, TCI adapted, rented a car, and drove 464 miles overnight to the conference location. Four hours later, TCI penetrated the event and discreetly served the surprised witness at a previously identified choke point.

Common Name.
Another witness had one of the most common names in the United States, and TCI was not provided with a middle initial, historic residential address, or any other identifier. TCI worked backwards from known information regarding other witnesses to identify contacts with the same name then conclusively tied the most likely individual to the subject matter in controversy. TCI then traveled to Denver, and visited both the clerk’s office and judge’s chambers in order to domesticate the subpoena according to Colorado’s requirements. Next, TCI gained access to a controlled-access apartment building downtown in order to make service.

Surveillance.
For several witnesses, TCI needed to conduct surveillance in order to effect service. Surveillance environments ranged from dense urban cores on both coasts to wide open Midwestern plains to generic subdivisions. TCI successfully accomplished its goal in each environment.