The past year continues to leave its mark on the data landscape, presenting numerous and expanding challenges for corporate investigators. Accelerated use of cloud-based communication applications, increased reliance on artificial intelligence, and a remote workforce have made the already difficult task of executing an investigation more complicated.
The pandemic and its ripple effects have impacted us all in many ways, including how we work. Suddenly, millions of workers worldwide made the shift to remote work -- adopting new schedules, communication systems, and business practices. Antitrust practitioners were no different. From North America to South America and Europe, competition authorities updated guidance on pandemic-driven cooperation, transitioned to virtual investigations and temporarily suspended certain merger review and office searches. Acceleration of remote-work-driven cloud communication and the need for remote document collection, only complicated matters further.
While data governance will look different for every organization, there are a number of challenges that arise in most initiatives. If CDOs and other data governance stakeholders can plan for these and address them at the outset, their projects will have a much greater chance for success. Most projects lag due to resource fatigue, decision overload, assessment dead ends and lack of technical resources. Misalignment of roles and responsibilities is another major project pitfall.
Legal departments of all sizes are turning to legal operations professionals to support the expansion of capabilities and infrastructure optimization as the needs of in-house counsel grow. In-house legal spend increased 13% from 2018 to 2020* and 61% of legal departments now employ at least one legal operations professional, a 39.4% increase since 2015. With the increased investment in and emphasis on legal operations comes added responsibility and expectations to deliver on the promise of creating greater efficiency in corporate legal. In this session, we discuss practical steps for those assuming new legal operations roles or increased responsibility to develop efficiencies by focusing on technology modernization as a critical lever in delivering value in 2021.
In this interview with in Le Monde Du Droit, FTI Technology's Thomas Sely discusses the protection of companies’ data in a context of remote working and pandemic.
Technology Assisted Review (TAR) is discussed often but also difficult to fully grasp. It is referred to by many different names and comes with many nuances of what form to use and where. In this session, FTI's Depaak Chheda and Relativity's Bill Bailey share their deep knowledge and experience with TAR to help simplify approaches to use and reduce the intimidation factor.
The modern workplace is in the midst of a massive transformation. An estimated 44% of employees are currently working from home, and a recent survey reported that employers expect the number of full-time workers who remain at home permanently to triple from pre-pandemic figures. The implications of this shift has and will continue to impact policies and operations across business functions, but particularly the data privacy arena, where corporations must consider how a remote workforce impacts regulatory compliance.
From China’s recently-amended IP and civil laws to developments in data security and privacy to longer-term impacts of COVID-19, multinational companies can expect a myriad of legal and technical challenges in 2021 with regard to their cross-border disputes and investigations. This interactive webinar, featuring a team of US and China-based professionals from DLA Piper and FTI Consulting, will break down the complex landscape of conducting fact finding and data/evidence collection in China as part of an internal investigation or cross-border dispute. Using a hypothetical IP litigation example, the panel will outline key risks and issues while providing practical solutions for companies facing cross-border disputes in 2021.
A recording of the ‘Procedural Issues’ webinar discussion, by a panel of experts, including FTI Technology’s Ashley Brickles. The panel discussed discuss the latest in EU Procedural developments, including dawn raids, reduction of leniency, new tools used by NCAs to detect cartels, legal privilege, and confidentiality.
Much has happened in 2020. In this session we look back at the start of 2020 and what we thought the year would bring and adjust our predictions based on what the year actually delivered.
While cyberattacks and breaches grab headlines, privacy compliance issues can be equally damaging to a deal and often reveal themselves only after the close. The growing web of privacy regulations increase the specter of integration challenges in the near term and enforcement actions or litigation in the mid-to-long term.
General counsel have long been tasked with mitigating organizational risk, but more and more are being asked to become strategic business partners. This year saw general counsel stretch themselves in ways unimaginable prior to the events of 2020. The pandemic and heightened awareness for social inequities have asked general counsel to place increased attention on existing core competencies as well as add new ones. From anticipating work-from-home driven data risks to managing employee health and championing inclusion and diversity, general counsel are critical to navigating all that 2020 has had to offer.
Data retention and minimisation played a key role in numerous cases and enforcement actions throughout 2020. Worryingly, the range of infractions varied widely, teaching us that it is certainly an area that is very challenging for organisations to address.
Exterro’s The State of E-Discovery 2020 research, which compiled data from several different legal reports, found that 50% of legal departments now have built-in e-discovery services.
Achieving transparency in today’s B2B operational environment requires a new set of rules. From tighter budgets and timelines to the need for near real-time visibility into the supply chain all while meeting regulatory and compliance requirements - today’s technology and operations leaders are being asked to do more with less. To rise to the challenge, they need to be provided with the necessary tools and processes to mitigate risks, protect profitability, streamline processes and to work more effectively.
COVID-19 and the global migration to remote work environments, pending vaccine breakthroughs and migration back to physical offices, a growing presence of blockchain and cryptocurrency, moves to digitization and artificial intelligence, a presidential election and global shifts in regulatory priorities – these are just some of the “X factors” that can be difficult to account for as companies assess their compliance and investigative priorities. This webcast will focus on resilient and agile measures that companies can take to efficiently adapt to for unforeseen challenges.
Senior Managing Director Wendy King, Managing Director Jon Murdock and Senior Director Myron Williams sit down to discuss the use of Brainspace and advanced workflows to accelerate a time-sensitive quick look second request.
Organizational data is dramatically increasing in size – by some estimates as much as 40-60% growth per year – at the same time that data breaches grow in number.
The global patchwork of sanctions and regulatory oversight promises to grow more complex as data privacy and security concerns come to the forefront. This webcast will discuss the intersection of investigations and regulatory oversight – both the enforcement actions that will drive investigations in the future and the regulatory requirements that legal teams will need to adhere to during these matters.
Numerous fraud and compliance violations are growing harder to detect as bad actors grow increasingly sophisticated in their methods and technology. From communications on cloud-based social media platforms to bitcoin and cryptocurrency adoption, successful investigations will require a better understanding of the latest technical advances. This webcast will outline three case studies of recent corporate investigations showcasing emerging tactics, and how investigative teams can use their own advanced processes and technology, including artificial intelligence, to stay one step ahead.
Brainspace offers a vast array of visualizations to create efficiency in e-discovery and investigations. In this installment of the FTI Insights webinar series, practical application of Brainspace’s visualizations are shared to help streamline reviewer workflows.
Many organizations have prepared for compliance with the CCPA, specifically building out consumer rights management processes and procedures. But there are other requirements that must be met in order to maintain CCPA compliance, like the obligation to train employees who are responsible for handling consumer inquiries about the consumer’s privacy rights, or those within the organization whose roles may impact the processing of California resident personal information, such as marketing or IT. Please join FTI Consulting and OneTrust for a webinar outlining the specific training requirements within the CCPA and to learn about resources that can help your organization more easily meet this requirement.
Practical applications for corporate legal
The pandemic has affected us all in many ways, personally and professionally. Like any major event, the impact of the pandemic and its ripple effects will be studied for many years to come. This holds true for e-discovery. What used to make up a minor portion of discoverable data has now come to the forefront. Cloud-based communication data is no longer emerging, it has emerged.
Learn from industry experts on what antitrust legal teams can expect as the “new normal” for investigations in the coming years.
Collecting data from the cloud and quickly identifying critical data points for investigation can be cumbersome. In this session, a step-by-step workflow is provided to illustrate the ease of use of Radiance visual analytics in conducting early case assessment and internal investigations.
In this interview, Chris Dale of The eDisclosure Information Project spoke with FTI Consulting’s Grainne Bryan about the growing acceptance in Ireland that technology must be used to manage data in dispute resolution and compliance monitoring. Ireland has a strict discovery regime, and until the 2016 discovery judgment in IBRC v Quinn, it had not been considered appropriate to use technology to identify discoverable documents. The Quinn judgment changed that and the use of tools like technology-assisted review is now much more common.
There is no question that the last few months have disrupted the workplace in profound ways. While the implications and timeline of this disruption are only just beginning to be fully realized, it’s clear that the transition to remote work for the vast majority of corporate employees has made data potentially more vulnerable to compromise, leakage and theft. Additionally, the upheaval of the global economy means that workforce shifts or reductions are likely inevitable. How can a corporation protect sensitive data in these circumstances? How do organizations detect and respond to data leakage and/or theft when it happens? And once data is compromised and litigation started, how do businesses put a value on what was lost?
The COVID-19 pandemic has spurred an unprecedented spike in the use of collaboration applications and the creation of unique cloud source data. Rapid adoption of tools including Microsoft Teams, Slack, Zoom and other communication platforms is quickly displacing email and changing the footprint of corporate data forever. Learn how to approach reviewing these data types and their exploding volumes as Tim Anderson shares his key considerations for handling the rapid shift to our data foot print.
Emerging regulations like CCPA and GDPR have prepared us for compliance readiness – but not without challenges. The anticipated volume of Data Subject Access Requests (DSAR) coupled with vast amounts of personal data collected and stored, will make responding to regulatory deadlines far from easy. Especially knowing where all the data resides, how the data is being used and its contractual, legal and regulatory obligations. The answer is “Data Mapping” – a crucial backbone for compliance and overall health of an organization.
Hear from Tom Jackson and a panel of experts discuss the impact the global Covid19 pandemic is having on the e-discovery industry, how e-discovery professionals have adapted so far, and what changes could be likely post-coronavirus.
In this interview, Chris Dale of The eDisclosure information Project spoke with FTI Consulting’s Grainne Bryan to discuss her role in Dublin and the addition of FTI’s Technology segment to FTI’s growing Irish establishment, part of a wider organisation which brings together technology skills in Madrid, France, Germany and South Africa.
Managing compliance in today’s fast-paced connected world has grown increasingly challenging. Legal and compliance teams within highly regulated industries are too often responding to incidents after the fact, where the goal is damage control as opposed to prevention. Join experts from FTI Technology and Relativity as they share new approaches for proactive compliance monitoring. From this session, attendees will learn best practices for using advanced technology to mitigate compliance risk.
In the current climate of uncertainty, business resiliency is top of mind for many organizations, but many are struggling to articulate what that might look like and how to achieve it. Moreover, data privacy and security concerns continue as regulators expect and enforce compliance. Fortunately, there are steps organizations can take right now to strengthen business resiliency. These strategies not only help with regulatory compliance, but also serve as a meaningful business integrity component that can help steady the rudder in tumultuous times.
Learn how FTI approaches e-discovery personnel, process and technology as our workforce accelerates its shift to remote work. You can use these learnings to apply them to your own teams and management of clients.
Learn practical approaches to building an e-discovery playbook specific to your organization.
Best practices for increasing adoption of advanced technologies within your organization.
M&A activity stayed strong in 2019 from large acquisitions and strategic divestitures to smaller bolt-on acquisitions. M&A activity in the large pharmaceuticals, aviation and media industries, all highly litigious sectors from an information governance perspective, dominated the news cycle most recently. During this webcast, our experts outline an M&A playbook on data privacy, contract intelligence, legal holds and data preservation, intellectual property (IP) information and resources to support the various information governance initiatives during a merger or divestment.
FTI Consulting’s European Information Governance Leader Sonia Cheng looks towards 2020 and talks about some key issues and topics in information governance and data privacy. These include the core ingredients to make an information governance programme successful, the emerging risk areas information governance that corporations are facing and how technology can help modernise data compliance initiatives.
GDPR. LGDP. CCPA...In this sea of uncertainty, how do you keep your privacy programme afloat?
Bob Cattanach, Joe Lynyak and Sean Kelly discuss the ins and outs of the CCPA.
An array of cloud-based workplace collaboration tools and messaging applications have become standard inside organizations around the globe. Yet many companies are unable to control the growth, management and discovery of the data within these applications. Oftentimes third parties host the data,but lack standard export workflows or preservation policies and process, making it difficult to obtain, quantify or assess. And, perhaps most importantly for those concerned with privacy, these applications are often engineered to prioritize individual user privacy, at the risk of enabling any sort of organized governance.
At Relativity Fest in London, FTI Consulting’s Wendy King spoke with Chris Dale of the e-disclosure information project about FTI offering Relativity across four continents. As most of our matters span multiple jurisdictions, this means we have a solution for clients that is scalable so they are able to focus on what they need to do without worrying about limits on infrastructure.
With the advent of regulations like GDPR and the California Consumer Privacy Act of 2018, corporate leaders are beginning to recognize that poor data privacy risk management can harm competitive advantage, weigh down return on investment and have long term erosive effects on shareholder value. But how involved should executives be in privacy risk management decision making? And how can the corporate boards, the C-suite and legal and compliance stakeholders align business goals with privacy risk management?
Thomas Sely is Senior Director at FTI Consulting in Paris. In this video Thomas discusses the demand for forensic technology in France, where FTI has been expanding its technology practice. The General Data Protection Regulation (GDPR) and the uncertainty around Brexit had made it important for FTI to have a team in continental Europe – it set up an office 10 years ago in Paris, and is expanding its investigation and litigation support team.
Software and technology providers such as Google and Microsoft now have discovery interfaces available to their clients, who have skilled staff who are able to operate these, and therefore able to make more use of these internal resources for forensic data collections.However, it is not always appropriate for an organisation to collect its own data. Technology has capabilities, but some due diligence may be required, and some more information about custodians, before simply turning to technology to solve problems.
In this webcast held January 24, 2019, Winston & Strawn LLP and FTI Consulting partnered to share the results of the survey conducted with corporate stakeholders involved in the protection of trade secrets. Learn more about the results and best practices for companies that need to better protect and investigate issues of trade secrets theft.
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.
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.
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 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 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.
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.
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.
View this web conference to learn how investigators are responding to new advancements in corporate fraud. You’ll hear from experts in digital forensics, forensic accounting and fraud investigations.
Learn the specifics – budgets, priorities, quantifiable results – of how corporations are building and managing information governance programs. This webcast features survey results from a recent Bloomberg study benchmarking information governance programs across a number of key vertical industries.
FTI Consulting’s Glenn Barden speaks to Chris Dale about FTI's adoption of market-leading e-discovery platform Relativity.
(April 2018) FTI Consulting sponsored the annual antitrust enquiries conference organised by Concurrences review and Mayer Brown, with the involvement of representatives from the French Competition Authority (Autorité de la Concurrence) and the General Directorate for Competition, Consumer Affairs and Antifraud (DGCCRF). Thomas Sely, head of the Paris Forensic Technology practice, had the opportunity to speak at a panel on penalties for obstruction during dawn raids and requests for information.
By the end of May 2018, the landscape of how organisations manage information about clients will be completely transformed by some of the world’s toughest new legislation.
A look into FTI Consulting's Foreign Corrupt Practices Act (FCPA) investigations expertise.
The force can be with you and your team if you implement a consistent playbook across all of your matters, from any geography. Yet organizing the people, process and technology to consistently and cost-effectively handle data in accordance with local culture and data privacy laws may be a challenge. Attend this webcast for a practical discussion of how people and processes can align with RelativityOne to execute on a global playbook.
When the European General Data Protection Regulation (GDPR) enforcement kicks in this May, responding to data subject rights will be a challenge for many large organizations. The GDPR enables EU individuals to request corporations to inquire about what personal data they have on them or even delete their personal data. Requests must be responded to promptly, within one month, leaving companies very little time to perform a task that they may not be equipped to handle. No barrier exists for citizens to enact these rights, and some countries are planning campaigns to educate the public on them in the coming year.
With reports of major breaches surfacing with alarming frequency, Boards and C-Level management are increasingly looking to Legal to implement programs that help the corporation prepare for, and reduce fallout from, inevitable cyber incidents. How can in-house counsel implement the right measures to minimize damage to the corporate reputation, loss of key data and legal and regulatory penalties? And how can you make sure your team is not already behind the ball at the time of incident detection?
Exploding growth of corporate data, whether stored on servers, in the cloud or on employee devices, presents new challenges and opportunities for all organisations. Information Governance enables companies to get control over their information and allows them to make better business decisions.
Organizational data is dramatically increasing in size – by some estimates as much as 40-60% growth per year – at the same time that data breaches grow in number. How can IT and legal teams work together to better protect sensitive corporate data and stave off data breaches?
In the first of our series of short videos on GDPR, Sonia Cheng, FTI Consulting’s European Information Governance Leader, talks about what GDPR is, the key steps to compliance, and what to do if you have limited time and budget.
In the first of a two-part webcast series, "Don't Let Sensitive Data Walk Out Your Front Door," learn what standards leading organizations are taking to keep sensitive data required for litigation and compliance safe and secure.
The General Data Protection Regulation (“GDPR”) goes into effect in roughly one year and yet many companies are still behind in preparing for compliance. This webcast will help you understand the top priorities and challenges with meeting GDPR requirements, how to assess your organization’s exposure, how to prioritize actions and how to take the first steps toward compliance.
Microsoft 365 represents a transformational change for how organizations create, share and manage enterprise data. The migration to Microsoft 365 also offers legal teams a once-in-a-decade opportunity to develop and implement industry best practices for e-discovery and information governance. Utilizing Microsoft 365 demos and migration case study examples, this interactive webcast will address the legal and regulatory impacts of Microsoft 365.
In theory, there is no difference between theory and practice. In practice, there IS.
Jake Frazier, FTI Consulting’s Global Information Governance Leader, gives his thoughts on why it’s essential for organisations to have a robust information governance programme in place and one that involves various stakeholders around the business involved, including legal. With the growing amounts and types of data how can companies get the right balance between the cost of keeping their data and ensuring its security?
Legal holds are a critical part of the e-discovery process, yet so many companies struggle to develop a formal system or keep their legal hold processes and technology up-to-date. This is about to change. Two major trends are pushing legal teams to address the current gaps in their legal hold process.
This program covers the top five issues that legal professionals should consider when evaluating their own e-discovery process.
Watch this webcast to learn how to better manage "new" data with tools, analytics and smarter workflows.
Many companies are wasting money on storage or exposing themselves to data breaches by supporting massive amounts of "dark data." Learn how you can get your dark data under control with this FTI Technology case study of our information governance services.
On a webcast hosted by The Lawyer, a panel of experts discussed a number of key questions around predictive coding, including examining the issues raised in the Pyrrho case, the impact it would have on the UK market and what the future holds for law firms and corporates.
Are your current investigation practices helping or hindering quick results? From standard business docs and email to emerging social media and online collaboration software, the corporate data landscape is growing more disparate and complex. New data mining and visual analytics tools are surfacing data patterns from across the corporate data ecosystem and at a faster clip, enabling compliance teams to make more effective decisions. Watch this webcast to learn how to incorporate these advances into your investigation processes via hypothetical investigation scenarios and hands-on strategies.
In the latest Advice from Counsel report, we asked a wide range of questions to better understand how corporations are approaching information governance.This includes their key challenges, areas of success, and some of the basic mechanics they have adopted to develop and implement these programs. The results clearly show that with a few exceptions, most organizations are in the early stages of information governance adoption. Yes these executives have strong advice on how best to begin and implement an information governance initiative.
From well-publicized data breaches to skyrocketing data growth (and costs), information governance challenges are all around us. How are corporations responding? What are the teams and roles driving information governance policy development? How are these policies communicated and enforced, not just internally but with external partners and stakeholders? Which IG strategies are producing tangible results, and which programs are coming up short?
From initial project planning to completion of your matter our managed review experts deliver comprehensive legal review with laser focus on lowering the total cost of discovery.
Experts on FCPA law and technology discuss what exactly cooperation means during an anti-corruption investigation and whether or not it can contribute to reduced penalties and fines.
Acuity Managed Review and Predictive Coding helped a defense company under government investigation collect, review, and produce nearly 2 terabytes of data.
View this webcast to hear our panelists take predictive coding out of the black box by discussing methods for testing, measuring, and defending the methodology.
View this webcast to assess your review process and learn a few simple ways to cut down on the time and resources needed to drive a document review.
This recorded webcast reviews key findings from recent research on corporate e-discovery spending and reveal data-driven means for reducing costs.
View this recorded webcast to learn how to find facts quickly through the use of advanced analytics and expert workflow.
View this webcast to learn the different types of remote collection technologies and how to assess whether remote collection is right for you and the pros and cons of different remote collection methods.
Incorporating survey results from leading e-discovery practitioners in Asia this recorded webcast will provide a framework for managing multinational discovery matters effectively.
Incorporating survey results from leading e-discovery practitioners in Europe this recorded webcast will provide a framework for managing multinational discovery matters effectively.
Incorporating survey results from leading e-discovery practitioners in Latin America this recorded webcast will provide a framework for managing multinational discovery matters effectively.
View this recorded webcast to learn how you can develop matter-specific workflow incorporating both predictive coding and analytics and benefit from smarter e-discovery.
View this webcast designed to provide corporate and law firm teams with guidance on selecting the best deployment option for their particular legal, technical and organizational factors.
View this webcast to learn how best to navigate the discovery, collection, preservation and review of social media.
For the fourth consecutive year, corporate counsel of Fortune 1000 companies are sharing their thoughts on e-discovery, and this year the focus is on the evolving trends that will impact the legal industry for years to come. From incorporating analytics for greater legal review productivity, to effectively managing a “Bring Your Own Device” (BYOD) workplace environment, attend this session to learn about where e-discovery is going, and what you can do today to better prepare for these changes.
While the promise of predictive coding is alluring, many questions remain for corporations and law firms. Where does the software end and the importance of workflow begin? What can lawyers do to effectively defend its use? Are companies using it successfully? How much money can it save?
Is there an ideal corporate model for e-discovery? One that can evolve as new challenges emerge, but still provide budget certainty and process efficiency?