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Ex Parte Seizure for Counterfeit Products

Why this case study matters to Life Sciences.

An ex parte seizure requires careful planning, precision, and coordinated focus to carry out the unannounced inspection and seizure. For Life Sciences companies, a seizure of counterfeit goods is both a complex legal and business concern. UnitedLex works as a trusted partner with outside counsel to ensure the on-site raid is a success and the data seized is collected, processed, and reviewed quickly. 

“Legal teams only have one shot to get a seizure executed correctly,” said Monique Braun, Preservation Manager at UnitedLex. “Let your lawyers focus on strategy, and we will handle the details and the data.” This one-team approach enabled a medical device company to carry out a last-minute seizure for counterfeit products where they found unexpected key evidence that influenced legal strategy and outcomes. 

Beyond a typical forensics provider. 

With seizures, the devil is in the details, requiring close planning with legal counsel, law enforcement, investigation agencies, and the court up to and on the day of the raid. Drawing from over a decade of expertise in forensics and preservation management, UnitedLex provided the framework, logistics, and on-the-ground support to carry out a successful raid at three locations simultaneously. During the seizures, UnitedLex’s forensics team activated speed-to-data efficiencies by uploading collected data straight to UnitedLex – for immediate processing and review – while the seizures were still ongoing. 

Based on suspicious activity observed on-site, UnitedLex conducted a gap analysis on a mobile phone seized from one of the parties to look for signs of recently deleted or missing data. The investigation revealed that some text messages were deleted shortly before the raid began. This was key evidence that impacted case strategy, led to subsequent raids at other sites, and ultimately brought counsel closer to the top source of the counterfeiting ring. 

A lasting impact. 

The knowledge gained from the on-site seizures and subsequent document reviews led to a $6 million settlement in favor of our client and a future agreement barring sales of the at-issue medical device products, protecting consumer health. 

 "Our one-team approach provides peace of mind for a successful seizure and connects data to strategic case outcomes."

– Ryan Frye, Director of Collection & Forensic Solutions, UnitedLex 

"We could not have done it without the excellent work by UnitedLex.”  

Partner, AmLaw 200 firm

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