Resource Center
Learn about e-discovery and keep up to date with industry news.
Five Lessons Learned from Early GDPR Fines 12/4/2018
Earlier this month, data protection authorities in Portugal doled out a €400,000 fine to a hospital for failure to apply appropriate access controls over digital patient data. This is one of the first penalties we’ve seen issued under GDPR since its enactment earlier this year. There are several interesting elements of this particular case, one of which is the fact that fines were imposed even though no data breach event occurred.
Data Management – From the Basements to the Boardroom 11/30/2018
Data is a strategic asset and GDPR has raised the profile of data management from the basements to the boardroom and assigned a strategic value to understanding our data, how we use it, where we store it, how it flows between systems and processes and ultimately how long it should be retained and protected. In this short video, information governance expert Nina Bryant talks about how GDPR has been driver for organisations to assess both the risk and the value of the data they hold.
GDPR Compliance - The Unintended Consequences for Organisations 11/29/2018
GDPR has made data protection a reality not only for heavily regulated industries but for all organisations. Once seen purely as a legislative burden, GDPR compliance is now providing organisations with a range of benefits.
FTI Consulting’s Find Facts Fast Approach to E-Discovery 11/28/2018
There is a danger of treating discovery as a purely formal process, something done simply in order to meet an obligation. As Craig Earnshaw puts it in this interview with Chris Dale, the identification of facts often appears as a mere by-product of that formal process.
Daryl Teshima Talks About FTI Consulting’s Relationship with Relativity 11/27/2018
In this interview, Daryl Teshima talks about the significant benefits for clients in offering both industry-leading e-discovery and document review platforms Ringtail and Relativity in order to give clients the widest possible choice and also offers FTI's experts a toolkit for solving problems big and small.
Wendy King Talks About how Relativity Works with FTI Consulting 11/22/2018
Wendy King talks about the always-available infrastructure of RelativityOne which allows FTI's consultants to focus on clients’ needs using whatever tools are suitable for a matter. Wendy places a particular emphasis on the training and support which FTI Consulting gets from Relativity.
The Changing E-Discovery Expectations of Corporate Clients 11/14/2018
The traditional model was that clients instructed lawyers in a matter – a litigation case or a regulatory inquiry for example, and the lawyers then instructed experts at FTI Consulting to deal with the management of electronic data. That, however, is changing explains Sam Farley in this video – it is not just litigation anymore and the instructions are no longer coming only from lawyers. Organisations are gaining greater control over the process as a whole and coming to FTI Consulting for longer-term organisational and pre-emptive advice and not just for a specific case or matter.
Paris Calls for Cybersecurity Peace 11/14/2018
This week, the President of France issued the Paris Call for Trust and Security in Cyberspace. The document is a cybersecurity pact seeking consortium of technology companies, governments and NGOs to improve the stability and safety of the internet. With its unveiling, the declaration touted support from some of the tech industry’s largest players and a handful of countries in Europe.
Craig Earnshaw on the Changes in E-Discovery Over His Long Career 11/9/2018
Craig Earnshaw has been working in FTI Consulting’s Technology segment for 10 years and had already spent ten years in the then-nascent e-discovery and Computer Forensics world before that. In this interview he talks about the changes which he has seen over that time, identifying three main changes. One is what he calls the "frequency of requirement" – the increasing need to look at data on a computer system for any disputes/investigations exercise. Second, he points to a rise in the number of lawyers who understand and practice in areas which require a knowledge of e-discovery practice. Third, Craig points to the range and diversity of companies delivering software and services to corporations and law firms.
Cross-Border E-Discovery in an Age of Change 11/6/2018
Brian Stuart of FTI Consulting details the challenges facing legal teams and how they can be overcome
Are Data Subject Access Requests a Trick or a Treat? 10/31/2018
It’s that time of year… no, not when bands of trick-or-treaters are traipsing up your walk, but when the ghoulish specters called data subject access requests (DSARs) are going to start flooding in.
The Growing Use of Technology-Assisted Review in the UK 10/24/2018
FTI Consulting’s Matthew Field spoke with Chris Dale about the increased use of technology-assisted review and predictive coding in the UK
Recommended Reading: $17 Million Settlement in US Privacy Suit 10/24/2018
A California-based consumer electronics company has agreed to a $17 million settlement in a lawsuit that claimed the company installed data-tracking software on its internet-connected smart TVs without notifying customers, and then profited from the sale of the personally identifiable information to advertisers.
Recommended Reading: Examining Safeguards for Consumer Data Privacy 10/5/2018
For those interested in the growing momentum around broader US data privacy protections, I wanted to flag a recent Senate hearing on “Examining Safeguards for Consumer Data Privacy.” On Wednesday, September 26, 2018 the Senate Committee on Commerce, Science, and Transportation met to examine consumer protection and privacy policies of top technology and communications firms.
Recommended Reading: Data Breach and Potential Class Action in UK 9/14/2018
After a recent data breach, a law firm is threatening the company with a potential class action lawsuit, citing Article 82 of the U.K. Data Protection Act. Specifically, the law firm is citing the "right to compensation and liability" — which states, "Any person who has suffered material or non-material damage as a result of an infringement of this regulation shall have the right to receive compensation from the controller or processor for the damage suffered."
GDPR Breach Crisis: Are You Prepared? 9/5/2018
The GDPR compliance deadline might have passed but over two-thirds of UK firms acknowledge they are at risk of a GDPR breach crisis. While data mapping and updating privacy policies are an important aspect of GDPR preparedness, many companies will struggle to respond to GDPR breaches and incidents.
A large gaming company faced multiple, ongoing matters involving vastly different issues and originating in numerous jurisdictions, yet the same key custodians were relevant to most of the cases. Its legal team understood the excessive costs involved with recollecting and reprocessing the same information for each case and set out to find a solution that would enable the reuse of processed data.
Combining Contract Intelligence with Information Governance to Find Value in Your Data 9/2/2018
How can you use Data Governance to add value to the organization? Information Governance and Contract Intelligence offer multiple ways to not only reduce risk, but gain efficiencies. IG programs have largely gone from catch-all, ‘boil the ocean’ pursuits to a series of concrete, practical actions an organization can take to reduce data volumes, become more efficient and protect data ‘crown jewels’. Contracts, when organized and mined effectively, can reduce risk and actually create value for the organization. Attend this session to learn how to apply IG techniques and utilize your contract universe to gain efficiencies and reduce risk.
Latest iOS Update Makes Evidence Deletion Easier 8/13/2018
In May, Apple released iOS 11.4, and with it, new features for storage and synchronization of Messages to iCloud. Our team has written before about the e-discovery and digital forensic investigations challenges that can arise when Apple updates operating system functionalities. The changes in 11.4 yet are another example of how this continually moving target can impact organizations that are required to preserve, collect and review data from Apple devices for legal, regulatory and investigative matters.