Today’s litigators understand that, long before you can even think about the burden of proof, you must consider the duty to preserve. Whatever action your company is facing—from a regulatory compliance issue to an electronic evidence preservation order—FTI delivers proven expertise in computer forensics to help you collect, and make sense of, essential data to present the strongest possible case.
In complex legal proceedings, a company’s data are open to scrutiny by parties looking to uncover damaging information. With deep experience handling complex multinational litigations and investigations, the computer forensics professionals at FTI focus on the needs of companies facing time-sensitive situations involving electronic data, networks and systems. We help organizations meet requirements for collecting, analyzing and producing data from a variety of sources, including e-mail, voicemail, backup tapes, social media, the cloud, shared server files and databases—often on multiple continents. We provide both proactive and reactive support using expert services, methodologies and tools that help companies and their legal advisers understand technology-dependent issues.
FTI has a keen understanding of the risks and roadblocks associated with complex legal proceedings—we understand the intricacies and implications of company data under legal scrutiny, and the international protection and privacy issues that apply to electronic documents in these contexts. Our technical experts work closely with our forensic accountants and financial investigation professionals to efficiently recover, organize and analyze electronically stored information—regardless of the format or language of that data. Our teams include highly focused specialists with both in-the-field and in-the-courtroom experience. We have participated in some of the world’s largest front-page civil, class action and government litigation projects and corporate investigations.
With our experience and technological expertise, we offer comprehensive computer forensics services in the following areas:
- Global Electronic Discovery Services – When a complaint has been filed, a subpoena has been served or an investigation has commenced—or even when one is reasonably anticipated—companies must quickly determine what information needs to be preserved and how best to preserve it. FTI can help companies comply with discovery obligations while protecting privileged information. Throughout the entire litigation lifecycle—from data collection and culling to review and production for possible presentation in court—FTI employs proven methodologies that provide a strategic and logistical advantage while minimizing the impact on daily business operations.
- Intellectual Property Theft – The computer forensics specialists at FTI can help your company secure all potentially relevant data sources, recover deleted data, gain access to passwordprotected files, and identify key documents and system artifacts to piece together a chain of events for presentation in court. Our proven procedures maintain the forensic integrity of the source data at all times, and the findings of the analysis are presented by internationally recognized experts in the field.
- Social Media and The Cloud – Employees, customers and competitors are increasingly sharing and storing more information through social media and the cloud. Our team of technical experts can quickly preserve and collect this information, as well as ask the right questions to ensure your collection is thorough and defensible.
- E-mail Reconstruction and Relationship Analysis Services – Litigations and investigations often hinge upon the question of “who knew what, and when did they know it?” We can help decipher intricate relationships between individuals and entities through electronic data trails. Our computer forensics team is highly adept at identifying and untangling webs of interdependencies that link people, corporate entities, monetary amounts, business partners and outsiders to the critical events under analysis.
- Repository Services – Our advisors have extensive experience in many forensic and litigation support technologies, including our proprietary software system Ringtail. Ringtail is a webbased litigation support technology that enables geographically distributed legal teams to acquire, cull, review and produce both electronic and paper documents. With full Unicode capability, Ringtail allows users to review documents in any language—including French, Italian, German, Korean, Japanese and Arabic. Whether you choose to host your Ringtail case with FTI, or install the product directly on one of your company servers, you have the flexibility to choose the best solution for your needs.
Case In Point
FTI assisted an international company in response to a regulatory investigation and related litigation involving more than 60 custodian’s email and electronic files. Hundreds of DVDs and numerous external hard drives were indexed and compiled into a comprehensive online review environment. FTI supported about 200 reviewers, comprising multiple review teams, across 5 client offices located throughout Europe and the United States. This engagement utilized advanced processing, review, and production technologies. Notably, 2.5 million documents were electronically deduplicated to 1.3 million documents.
Identification, Preservation, & Collection
Experience You Can Trust
We provide both proactive and reactive support using expert services, methodologies and tools that help companies and their legal advisors better understand technology-related issues. Our technical experts work closely with our forensic accountants and financial investigation professionals to recover, organize and analyze electronically-stored information (ESI), regardless of the format or language of the data, and forensically reconstruct complex transaction data.
Our professionals understand the intricacies and implications of company data under legal scrutiny, and the international protection and privacy issues that apply to electronic documents in these contexts. The bottom line for you? We can help design defensible strategies to collect and analyze data.
Our rapid response teams are located in Europe, North America and Asia, and can be deployed at a moment’s notice to help respond to your preservation and collection needs.
With experience in the CIA, NSA, FBI and regional equivalents, FTI’s forensic accountants, financial investigation and e-discovery professionals work closely with our clients to plan, implement or execute data collection programs that include:
- Data and cost reduction through sophisticated searches, advanced native file processing, de-duplication, near-duplicate detection and target data sampling.
- Global retrieval of data in a forensically sound and secure manner.
- Forensic investigations that can collect and reconstruct data from almost any format, including e-mail, documents, databases, transactional systems, backup tapes, hard drives and Microsoft SharePoint.
- Best practices for litigation holds and tracking, as well as chain of custody.
- Expert testimony for 30[b]6 and/or cost burden arguments.
Collection of Cloud Data
Data stored in the cloud presents new challenges for legal and IT teams responding to discovery requests or investigative needs. The cloud is fast becoming a common source of relevant ESI but is typically managed offsite by a third party, rather than under the physical control of the company. The myriad of cloud repositories and social media sites, all with different preservation policies, make it difficult to assess the size of the data and content. Traditional collection tools can’t search, preserve, and collect cloud data due to its technical architecture. And, very little case law exists on the proper handling of cloud data for e-discovery.
From Google Apps such as Gmail and Google Drive, to popular social media or networking sites including LinkedIn, Twitter and Facebook, expert collection services from FTI Technology can quickly collect and preserve your cloud data in a defensible manner. Using proprietary software, tools, and proven methodologies, FTI Technology has preserved, collected, and produced over 8 million documents from the cloud for hundreds of matters.
- Defensible identification, preservation and collection of cloud data
- Integrate cloud data into overall e-discovery strategy and process
- Backed by the trusted global leader in e-discovery
- Seamless integration with experts across the global practice areas of FTI Consulting
With speed and discretion, FTI Technology partners with clients to develop a strategic, systematic, and economic approach to investigating the myriad of potential data sources. Organizations can quickly understand and act upon the data in preparing for the meet and confer meeting or to develop legal strategy. Our cloud discovery expertise, combined with the accessible nature of cloud data, allows organizations too rapidly, and cost-effectively, begin collecting data from cloud applications.
FTI Technology professionals utilize defensible tools and methodologies to ensure the cloud collection process is forensically sound. In addition, FTI Technology can develop courtroom materials that clearly explain the collection evidence and methodology, including affidavits, exhibits, as well as expert testimony.
Trusted Global Leader in E-Discovery
Cloud collection services offered by FTI Technology are tailored to the specific client needs of each matter. Whether a small internal investigation, or a large global matter that may result in litigation, FTI offers a depth of experience in delivering tangible results for clients. In addition to publishing regular white papers, industry articles and books, FTI professionals are actively involved with thought leader groups such as The Sedona Conference, EDRM and the e-Disclosure Information Project.
As a global company, our professionals can quickly deploy from our offices across the world to uncover key facts behind the matter. Clients benefit from our extensive experience managing global matters, including adherence to foreign data privacy laws, cultural awareness, and multilingual capabilities.
FTI Technology is a practice of FTI Consulting, Inc. With over 4,400 employees located in 26 countries, FTI professionals work closely with clients every day to anticipate, illuminate, and overcome complex business challenges in areas such as investigations, litigation, mergers and acquisitions, regulatory issues, reputation management, strategic communications and restructuring.
Whether developing a collection strategy for cloud applications, or responding to a specific matter, FTI Technology enables you to:
- Preserve: Create cloud data archives to implement and uphold preservation obligations
- Collect: Specific point-in-time documents or the last document version can be collected by custodian, timeframe, or keywords
- Search: Find documents or social media posts based on keywords or other metadata, such as the sender, recipient, or date posted
- Review: Collected documents, including metadata, are transferred to FTI’s document review platform, Ringtail, for coding, redaction, and review as part of a standard e-discovery process.
- Produce: Defensibly transfer cloud data along with associated metadata to a third party.
All of this is conducted in a defensible manner, with chain of custody intact, and minimal disruption to your employees and business. FTI Technology experts can also provide expert testimony on the cloud collection methodology and results.
Collection & Review of Social Media
Social media has quickly become an important source of information and evidence in e-discovery. But unlike e-mail, documents and spreadsheets – whose locations, formats and metadata are well understood, social media presents a myriad of new challenges to legal teams who need to review this critical information. If your team is looking for a better way to review social media alongside e-mail, documents and spreadsheets, look no further than the FTI Technology computer forensics team.
Experts in a wide variety of social media – from Facebook, Twitter and LinkedIn, to the newest social media apps - the FTI Technology computer forensics team can quickly and defensibly collect, process and load social media into Ringtail, our award winning e-discovery software platform.
FTI Technology’s computer forensic team can provide your team with:
- Defensible collection of a wide variety of social media sources
- Capture of both metadata and content
- Rapid processing and staging to Ringtail
- The latest in analytics and predictive coding software
FTI Harvester for Microsoft® SharePoint® Collection
Preservation and collection of documents during litigation is a challenging job for corporate legal teams; over-collection brings higher review costs downstream and under-collection risks missing key documents integral to the matter. Increasingly SharePoint sites are a central focus point for collection activities. The great number of ways in which SharePoint can be configured and used often creates collection challenges for the corporate legal and IT teams when trying to identify what documents particular custodians have accessed or modified.
Custodian-Based Collection and Preservation
FTI Harvester is a patent-pending integrated technology and services offering that provides corporations with a quick, comprehensive ability to collect and preserve documents from SharePoint with confidence. Rather than a simplistic keyword search across a variety of internal SharePoint sites, FTI Harvester focuses on key custodians, ensuring a focused, streamlined collection. By working closely with the corporate legal team, FTI Harvester helps eliminate costly rework and unnecessary deduplication downstream by identifying the necessary documents for review and production as early and effectively as possible.
Comprehensive, intelligent collection ensures all documents within the SharePoint system are identified and preserved.
Confidently collect with the following benefits:
- Identify documents by custodian-specific metadata such as access rights, authored or last modified
- Identify documents by site, file type, date range
- Preserve essential document metadata
- Preserve documents based on custodians, not just search hits
- Preserve entire sites, not just individual documents
Non-intrusive technology, allows the corporation to focus on its core business. FTI Harvester works closely with SharePoint security and Microsoft Active Directory to find and preserve all critical documents associated with a legal matter—without disrupting existing network systems and security policies.
Interactive review with counsel ensures accuracy and completeness. The scope and results of the collection are fine-tuned via initial report evaluation before the actual collection takes place.
More than a collection of keyword searches.
FTI Harvester is a comprehensive process for leaving no document or user group unexamined. Since its focus is on custodians, not keywords, potentially responsive documents are not overlooked. This methodology elegantly sidesteps the following common problems with preserving and collecting documents from SharePoint environments:
- SharePoint indexing may not be turned on or up-to-date
- Third party indexing may take days to complete
- Missing responsive documents due to incomplete keyword searches
Dramatically reduces duplicates in the collection by limiting the collection to a single instance of a unique document. Unique 128-bit file names, combined with a tertiary level of SharePoint metadata, help eliminate name and network duplication traps.
Rapid deployment and predictable costs make this service instantly accessible to your corporation. FTI Harvester can return results within a day’s time (for a small sized collection) or in less than a week (for a large sized collection). In addition, the service can be deployed either on-site or off-site, depending on your requirements.
Fits within the EDRM workflow and provides a data export which can be imported into any major litigation tool. The export is also augmented with SharePoint information, providing a primary set of source data which can be preserved and revisited for additional culling (if needed).