Case Studies

FTI Technology Serves as Court-Appointed Data Expert in Multi-Jurisdiction Trade Secrets Dispute

When a Dubai- and Palestine-based joint venture between two multi-national organisations in the pharmaceutical and health care industry deteriorated into a contentious trade secrets dispute, the Dubai International Financial Centre (DIFC) courts ordered a resolution in the form of a massive data remediation. The court appointed FTI’s Technology team in Dubai to serve as the independent expert to conduct data discovery, review and deletion for all disputed instances of trade secrets and source code across the violating entity’s systems. FTI Technology deployed experts from across the Middle East, U.S., U.K., Ireland, Spain and South Africa to complete a complex remediation involving 90 custodians, numerous systems and more than 100 devices.

Emerging Data Sources Digital Forensics & Investigations

FTI Technology’s Connect Delivers Rapid Insights Across Millions of Documents from Emerging Data Sources in IP Theft Matter

A technology company that develops artificial intelligence and autonomous transportation solutions engaged FTI Technology to lead e-discovery and document review in a dispute relating to departing employee theft of intellectual property. In addition to their e-discovery needs, legal counsel and stakeholders from the organization’s compliance team needed experts who could investigate and uncover specific data that contained IP across multiple data sources within the client’s environment and the opposing party’s environment. FTI Technology’s team of emerging data sources experts applied the firm’s proprietary Connect platform to drive quick access and insights into technical files and other sources of IP stored in Microsoft 365 and Google Workspace.

Emerging Data Sources Microsoft 365 E-discovery Document Review

FTI Technology Navigates Pandemic Challenges and State Secrets Restrictions in Vast Cross-Border Pharmaceutical Investigation

Following a 2019 Food & Drug Administration recall of a drug that was thought to contain a harmful contaminant, numerous lawsuits were filed against the pharmaceutical manufacturer in multiple states. The matter eventually consolidated into class action litigation, triggering a widespread investigation spanning three countries. Over the course of more than 18 months, FTI Technology’s Digital Forensics & Investigations team conducted the investigation across numerous facilities and more than 80 custodians, overcoming complex challenges relating to cross-border data transfer issues, Chinese state secrets restrictions and global data privacy regulations.

Digital Forensics & Investigations

M&A Risk Assessment Internal Investigation

A large U.S.-based law firm conducting an internal risk assessment investigation for a client’s acquisition faced data privacy restrictions impeding the review of 11 million documents.

Antitrust & Merger Investigations Managed Document Review

Managed Review and Predictive Coding in High-Stakes Disclosures

A U.K.-based law firm representing a pharmaceutical client in the damages phase of a patent infringement litigation faced extensive disclosure requirements and tight deadlines for a dataset of more than 500,000 documents.

Predictive Coding Managed Document Review

FTI Technology Serves as Third-Party Expert and Witness in Complicated Cryptocurrency Fraud and Racketeering Lawsuit

When a technology company sought to validate its suspicions that a business partner was engaging in fraud and racketeering against the company, its legal counsel retained FTI’s Blockchain Advisory and Cryptocurrency Disputes, Investigations and Litigation (CDI&L) practice to investigate.

Blockchain

Assess & Advise: Pre-Acquisition Cryptocurrency Assessment

FTI Technology’s cryptocurrency experts provide in-depth audit of digital assets, business model and infrastructure in support of due diligence activities.

Antitrust & Merger Investigations Data Privacy Cybersecurity Blockchain

Transportation and Product Tracking – Implementation and Development of Transformative Blockchain System

Blockchain solution saves energy company an estimated $3m annually.

Blockchain

Data Subject Access Request Document Review

With the advent of GDPR, companies entered a new era of regulation around how they collect, handle and store personal data belonging to EU citizens. This includes the fulfillment of data subject access requests (DSARs), in which individuals can exercise rights and inquiries relating to the personal information an organisation has about them and how it is managed. In the first year of GDPR enforcement, more than 70 percent of surveyed organisations indicated an increase in DSARs.

Managed Document Review

FTI Technology’s Connect and Enrich Capabilities Provide an Innovative Solution for Emerging Data Sources in Large-Scale Antitrust Investigation

A global life sciences company announced the planned acquisition of a competitor, triggering a large-scale antitrust investigation by the United States government. The investigation, commonly referred to as a Second Request, entailed collecting 43 TBs of data, then processing, reviewing and producing only the relevant information to regulators within a three-month window.

Emerging Data Sources Antitrust & Merger Investigations

FTI Technology Delivers Vast Data Identification and Remediation Exercise for Multi-National Acquisition in Response to Unprecedented DG Comp Provision

When the EU Commission’s competition department, DG Comp, reviewed an acquisition involving a European manufacturer and a multi-billion-dollar U.S.-based manufacturer, they provided conditional approval for the deal, contingent upon an unprecedented provision. For the purchase to move forward, the target company would need to identify and destroy all instances of specified third-party IP across its entire IT landscape. This was the first time DG Comp had ordered a data-driven remedy in a merger clearance decision.

Antitrust & Merger Investigations

FTI Technology Provides Information Governance Assessment and Deploys Global Records Management Initiative for Technology Provider

When a global financial technology deployment and management provider sought to migrate its systems to Office 365, its general counsel recognized an opportunity to establish a records retention policy and assess information governance maturity.

Microsoft 365 Information Governance

FTI Technology Serves as Independent Privacy and Data Protection Assessor to Support Global Technology Company’s Obligations Under FTC Consent Order

Privacy experts from the Information Governance, Privacy & Security practice within FTI Consulting’s Technology segment were engaged to conduct a biennial privacy and data protection assessment for a large, global technology company.

Information Governance Data Privacy

FTI Consulting Provides GDPR Assessment and Action Plan for Global Energy Company

When Europe’s General Data Protection Regulation (GDPR) was enacted, many U.S. corporations were suddenly facing data protection requirements far more stringent than any preceding privacy rules. This was the case for a Houston-based drilling company, which had a significant international footprint, including in Europe, but limited visibility into how its practices were impacted by the new regulation. With an active GDPR compliance program in development, the company engaged FTI Consulting’s Information Governance, Privacy & Security (IGP&S) practice to conduct a readiness assessment and provide a roadmap of additional steps needed to bring the company into full compliance.

Information Governance GDPR

FTI Consulting Neutralizes Data Privacy Challenges For U.S. Division of European Pharma and Medical Device Company

The Information Governance, Privacy & Security practice within FTI Consulting’s Technology segment was engaged to design, build, and run a global pharmaceutical and medical device company’s data privacy risk and compliance program.

Information Governance Data Privacy

FTI Technology Guides Global Manufacturing Company Through Microsoft 365 Governance and Deployment

A manufacturing company needed to mature its IG posture and data management hygiene. They desired to leverage the cloud and its capabilities to utilize newer applications and available features to increase cross-functional enterprise collaboration. In doing so, they required enhancements to their data governance program and policy adoption of related tools.

Microsoft 365 Information Governance

FTI Technology Leads HIPAA Assessments, Privacy Program Implementation for Global Medical Device Company

The Information Governance, Privacy & Security practice within FTI Consulting’s Technology segment was engaged to lead HIPAA Security Rule risk assessments for several U.S. entities owned by a German-based medical device company.

Data Privacy

FTI Consulting Leads Critical Compliance and Data Governance Program for Multinational Telecommunications Corporation

For the client, a global telecommunications company, a steady flow of information is critical to serving its customers, from service orders to data needed by technicians in the field. In order for the client to preserve billions of dollars in government contract revenue, the client needs to fulfill the new CMMC requirements by identifying controlled unclassified information (“CUI”) in more than 3,500 applications comprised of approximately 7,000 structured databases and protect the information in methods outlined by the government. The timeline for identification and protection reduced from 18+ months to less than one year and the privacy concerns must be mitigated while not interrupting critical business operations.

Information Governance

E-discovery and Electronic Evidence Review for Financial Services Client

When an international retail banking institution needed a single, trusted e-discovery provider backed by a global team of renowned experts to improve consistency across their functional areas and reduce their overall e-discovery costs, our experts were able to help.

E-discovery

Leading Financial Institution Engages FTI Consulting to Support Global Defensible Data Disposal Initiative

A large, multinational financial services institution kicked off a global effort to remediate its legacy data environments and enable defensible disposal, an effort driven in part to support compliance with the EU’s General Data Protection Regulation (GDPR). The company’s U.S.-based legal, compliance and e-discovery team engaged FTI Consulting’s Technology segment, looking to the expertise of the segment’s Information Governance, Privacy and Security practice to support the project. FTI was tasked with scoping nearly 800 legal matters for legal hold obligations, establishing new legal hold workflows and supporting review and remediation for the sunsetting of multiple systems and storage vendors.

Information Governance

FTI Consulting Leads Massive Internal Documents Inquiry in Multibillion Euro Merger

In an ongoing Phase II merger clearance investigation, FTI’s client needed to respond to a Request for Information (‘RFI’) received from DG Comp that required the identification, preservation, searching, and production of internal documents from thirty-eight employees over three years.

Antitrust & Merger Investigations E-discovery

Queensland Nickel – Digging for Answers Down Under

FTI Consulting was appointed as Administrators and subsequently as Liquidators of Queensland Nickel. Once on the job, various anomalies were discovered which required an investigation jointly led by FTI Consulting’s corporate finance, forensic and e-discovery experts. With the situation quickly deemed one of Australia’s largest corporate failures and Clive Palmer, a larger than life character at the helm, the Administrators with guidance from Strategic Communications professionals launched a proactive communications approach. This addressed the political landscape and various agendas with key stakeholders, including employees and clients of Queensland Nickel, government authorities, creditors and the media.

FTI Consulting Leverages Innovative Analytics Workflows to Accelerate Healthcare Merger Second Request Ahead of Pandemic Shelter-In-Place Mandates

In a merger between two healthcare industry companies, the Federal Trade Commission (FTC) issued a quick look as part of the second request process. Working under a compressed timeline, outside counsel engaged FTI Consulting to quickly structure a review and stabilize the Brainspace Technology Assisted Review (TAR) model so the parties could determine the risk level of overproducing and prepare the dataset for production to the FTC. A first set of documents had been submitted to regulators, with a second production due just as the COVID-19 pandemic reached the U.S. and self-isolation orders were being implemented.

Analytics E-discovery COVID-19 Technology Assisted Review

FTI Consulting Defensibly Disposes of Tens of Thousands of Backup Tapes for Global Financial Services Corporation

As a continuation of its information risk management initiative, and to prevent future legal expenses relating to tape restoration, the client sought to remediate more than 50,000 backup tapes. With FTI’s guidance, the organization planned to destroy any tapes that contained legacy data no longer relevant to present legal hold or records retention obligations. Because the previous remediation and retention effort had solidified the email archive as the “golden source” for email data, any tapes containing email were also considered redundant and in need of disposal.

Information Governance

FTI Consulting Implements Robust Information Risk Management Program for Multi-National Financial Services Corporation

At a global financial services institution, lack of governance around legal holds and email archives was creating unnecessary risk and data storage costs. When a new member of the in-house legal team joined the organization, eager to refresh the legal hold process and implement a defensible disposal program, she teamed up with the head of litigation and compliance to establish a firm-wide information risk management program.

Data Privacy Information Governance

FTI Consulting Refreshes Legal Hold Practices and Provides E-Discovery Operations Leadership for Global Financial Services Client

Building upon its ongoing partnership with FTI’s experts, the client engaged the team to refresh its legal hold process and serve as its e-discovery operations team. With 80 multinational open matters spanning litigation, compliance cases, data subject access requests (DSARs) under the General Data Protection Regulation (GDPR) and regulatory audits in EMEA and APAC, the client faces a range of complex, high-stakes e-discovery challenges.

Information Governance

FTI Consulting Leads Extensive Email and File Share Remediation and Deploys New Retention Policy for Global Financial Services Corporation

Given the client’s lack of a dedicated information governance program and decades of operating without a distinct and enforced email policies, a myriad of obstacles stood in the way of establishing a new approach. FTI would first needed to understand the client’s email and file share universe, and identify any information within those systems that was subject to existing legal hold obligations. With that a baseline, the team could begin disposing of unnecessary data and prepare the archive for a new retention policy.

Information Governance

FTI Technology Helps Global Electronics Corporation Establish Records Retention Program in Response to Government Monitorship

The U.S. division of a global electronics manufacturer was under regulatory orders to establish a records retention schedule and policy in order to bring its operations in compliance with a government monitorship. Outside counsel engaged FTI’s Information Governance, Privacy & Security team to drive the effort and implement a focused retention schedule as well as a policy that would direct retention for all records and information across the client’s U.S. operations.

Information Governance

FTI Technology Guides Large Global Healthcare Corporation Through Extensive Information Governance Transformation

More than 1.5 billion emails. Terabytes of data scattered among dozens of disparate vendors and outside providers. Thousands of custodians on legal hold. Numerous major legal matters at any given time and millions of dollars in annual e-discovery costs. After decades of an unsustainable but pervasive “save everything” data retention model, a large global healthcare corporation recognized the increasing risk and excessive costs of its existing approach.

Information Governance

FTI Helps Biotech Company Meet Second Request Deadline for Major Merger

A major biotechnology company was seeking Federal Trade Commission regulatory approval of $1.2B merger. The agency issued a Second Request requiring a rapid response. The amount of relevant data to collect and review amounted to several terabytes. Also, there was an additional challenge in that the company’s systems were located primarily in the cloud, with data housed within multiple non-traditional platforms including Slack, Confluence, Workplace by Facebook, Asana, Box and more. The FTI team was able to work quickly with the diverse data sources to target, collect, and review over 12 million documents, helping the corporation to achieve compliance within the deadline set by the FTC.

Emerging Data Sources Antitrust & Merger Investigations E-discovery

Responding to Multiple Government Requests to Aid Multi-Billion Dollar Merger

FTI Consulting’s client, one of the largest life sciences corporations in the world, was responding to government requests in the US, Canada and Europe, relating to its multi-billion dollar merger with a US-based corporation. As trusted advisors to the client, FTI’s M&A and competition investigation experts were ready to help.

Digital Forensics & Investigations Antitrust & Merger Investigations

Gaming Industry Company Collects and Processes Data Only Once for All of its Matters, Using FTI Master Repository

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.

Radiance Visual Analytics Helps Law Firm Answer Government Inquiry

Assess the size and scope of potentially responsive documents within 12 terabytes (TB) of unstructured data in response to a government inquiry in one month. The data set included more than 6 million documents and e-mail from a bankrupt company that had acquired bankrupt companies - leaving investigators with many questions and few starting points.

Analytics

Continuous Active Learning (CAL) from FTI Technology Aids Baker McKenzie

Baker McKenzie was challenged to quickly and cost-effectively conduct a legal review of more than 200,000 documents to help determine case strategy. The law firm was on the cutting edge of using various technologies and processes – from visual analytics to offshoring legal review to lower-cost review lawyers in other countries – to build in efficiencies and keep e-discovery costs low for clients.

E-discovery

FTI Reduces Reviewable Contract Population by 90% to Beat Data Deadline in Corporate Restructuring

FTI’s contract intelligence team was tapped to assist a global company with its corporate restructuring, requiring scoping of hundreds of thousands of contracts within a six-week timeframe.

Contract Intelligence

How to "Find Facts Fast" in an Internal Investigation

Advanced technology – continuous active learning (CAL) – and a seasoned team of "find facts fast" investigators work in tandem to find key data quickly.

E-discovery

FTI Consulting Showcases Second Request Expertise with RelativityOne

FTI Consulting—a global advisory firm with decades of experience handling the riskiest and most complex matters in e-discovery—has an impressive track record for managing huge, multinational projects. When they applied RelativityOne to their global playbook for Hart-Scott-Rodino second requests, they achieved a speed and scale that exceeded expectations.

Antitrust & Merger Investigations

Comprehensive E-Disclosure Solution Differentiates FTI Consulting on Complex Matter for Large Financial Services Institution

A large international financial services organization, with operations throughout Europe, needed to collect, review and produce relevant data to opposing counsel.

Digital Forensics & Investigations

Retail Industry Merger Aided by FTI Technology’s Second Request Expertise

Prepare for and respond to antitrust regulators in the United States, Canada and Europe.

Antitrust & Merger Investigations

FTI Consulting’s Digital Forensics Expertise Exposes Fabricated Evidence, Aids Client in Dismissal of $280M Counterclaim

Flextronics was countersued by a former business partner and the main evidence for the countersuit was an email allegedly sent to Flextronics that no one had seen before. Sensing that the key evidence may have been fabricated, Flextronics and their Counsel turned to FTI Consulting’s Technology practice for digital forensic expertise.

Digital Forensics & Investigations

Forensic Data Collection From Mobile Devices

When our client, a global financial services institution, needed to quickly investigate a suspected security breach which required data from over two hundred of its employees’ mobile phones to be collected and reviewed, our computer forensic experts were able to help.

Global E-discovery Managed Document Review Digital Forensics & Investigations

Stopping a Brazen Theft

A leading international real estate information company suspected its data had been stolen and sold by a competitor. FTI Technology’s forensic experts teamed with local law enforcement to conduct a search and seizure, performed forensic imaging on close to 300 computers and devices and documented every step while adhering to the collection laws of the Philippines.

Digital Forensics & Investigations

FTI Technology’s Antitrust Expertise Aids in Energy Merger

A large energy industry company planned to acquire a competitor. Given the size of the companies and the likely impact of the deal across the market, the companies anticipated regulatory scrutiny in the form of a Department of Justice (DOJ) antitrust “Second Request” investigation.

Antitrust & Merger Investigations

FTI Technology Helps Build a Better Case for Merger between Two Manufacturing Companies

A large US manufacturing company announced an acquisition of a competing company based in Europe, and faced antitrust investigations from both US and European regulators. The data spanned the globe and a number of formats, including cloud-based Microsoft 365.

Microsoft 365 Antitrust & Merger Investigations

Healthcare Merger Aided in Second Request and Litigation by FTI Technology’s Managed Review and Analytics

Respond to a “second request” issued by the federal trade commission in 60 days, and prepare for impending antitrust litigation.

Antitrust & Merger Investigations

FTI Technology Crafts Solution to Remedy Health Care System’s Data Ills

Understand corporate data residing on various networks and Sharepoint sites to proactively reduce data footprint and reduce future risk and exposure.

Information Governance

Unprecedented: FTI Persuades Canadian Competition Bureau to Allow Document Processing with Predictive Coding For the First Time in Canada

Antitrust agency approves usage of e-discovery technique for a Canadian merger case.

FTI Customizes E-discovery Process to Save Entertainment Service $600K

1.7 M documents quickly reduced to 25,000 despite unfavorable search terms.

FTI Balances Competing Concerns in Major Telecom Merger to Deliver Second Request on Time and Under Budget

A proposed merger between telecom giants generated a Hart Scott Rodino Second Request action that resulted in considerable difficulties for the parties involved.

Predictive Coding Antitrust & Merger Investigations

FTI Assists Client in Uncovering Employee Fraud in Europe Through Mobile Investigations Unit

A global law firm contacted FTI to assist in the investigation of unusual activities between employees in two different European offices. Data from key custodians needed to be collected, processed and reviewed so that investigators could determine whether fraud was occurring, and if so, who else was involved or knew about it, how much was involved and what legal action could be taken.

Digital Forensics & Investigations

Lovells Reduces E-discovery Costs and Time by 75%

Lovells, the sixth largest international law firm in the world, was tasked with evaluating potential conspiracy and fraud claims arising out of a complex multi-party transaction. During the investigation stage, the firm set out to review thirty-five gigabytes (two million pages) of restored e-mail data under tight staffing and cost controls.

FTI Responds Immediately on Refco Matter

FTI’s Computer Forensic consultants were deployed within minutes to collect, process and analyze complex transactional and document data at the request of Refco’s board and outside counsel. Within just three days of the initial collection, FTI provided an initial report to the board on money transfers and accounts outside of Refco.

Proactive Management: Fortune 1000 Company Takes Control of its E-discovery Process

A large Fortune 1000 company, with billions in revenue, was tasked with implementing an efficient, cost effective, defensible and reasonable document review tool when the company was facing a large-scale litigation. The legal team recognized the need for a system that was sophisticated enough to produce high caliber results yet simple enough to explain to opposing counsel and the court how those results were reached.

JMBM Finds Key Documents Among Millions For Millions

JMBM had very little time to review millions of pages and needed an easy, efficient way to search and manage all of the information required for depositions, motion practice and trial preparation. To find the most relevant documents in a large collection of electronic information within an established four month timeframe, JMBM sought the help of high-powered discovery technology.