Legal teams regularly wait on production review to identify key documents and develop their case narrative; they are thus slowed in developing case strategy and gaining a full understanding of the matter. Too often, factual theories are developed late in the process, after compliance with discovery requests, and without leveraging advanced analytics to obtain a thorough understanding of the materials at the outset. But what if you could understand the key facts of your matter at the outset of the project and use that knowledge to drive your strategy throughout?
FTI Technology’s Story Development and Find Facts Fast services empower counsel to understand and act on important information earlier in the process. We quickly turn millions of documents into the concise factual narratives counsel needs for effective client interviews, deposition preparation, settlement negotiations, written discovery responses, advocacy papers, and oral arguments.
Find Facts Fast shifts the paradigm away from relying on document-intensive and costly reviews to develop case themes. A small team of Find Facts Fast researchers works to analyze and evaluate a large data set and quickly identify important documents and themes within those documents. This enables clients to develop the case story and themes earlier, allowing them to be better prepared at each stage of a matter including settlement negotiations, presentations to the government, depositions, motions, and trial. The Find Facts Fast process can also be leveraged to identify potential issues in an internal audit before an investigation or litigation materializes.
In addition to finding key facts upfront, this process can also run in parallel to the traditional discovery process, allowing that work to focus solely on complying defensibly, timely, and cost-efficiently. As the matter progresses, the researchers can promptly answer follow-up questions as they arise. The Find Facts Fast solution combines expert researchers, advanced analytics, and proven workflow to create actionable intelligence that can be readily incorporated into strategy and materials at all stages of the process.
Whether you need discrete research projects to assist at a specific point or supporting research throughout the entire matter – in anticipation of action through trial preparation – FTI Technology can tailor the approach to your specific needs.
Internal Fraud Investigation
A global Fortune 500 company wanted to proactively investigate several of its global units to root out possible fraud after it was investigated in one jurisdiction. They turned to the FTI Technology team to provide Story Development services leveraging advanced analytics and experienced investigators for fact memo preparation. This team analyzed documents for numerous global markets, with hundreds of thousands of documents in many of these markets, and typically presented initial findings within 5-10 business days.
For several jurisdictions, FTI prepared lengthy outlines detailing evidence of the suspicious activities including identifying the key players and related communications and other supporting documentation. In some instances, the researchers uncovered new issues of which counsel was unaware, resulting in additional fruitful investigation into other types of misconduct. As a result of the FTI’s efforts, the company had a better understanding of its risk and was able to curtail further wrongdoing, including conducting informed employee interviews and, in some cases, terminating responsible employees.
Securities Class Action Litigation
Shareholders filed a class action lawsuit against a primary products company for alleged material misstatements in public filings and reports to the board. As part of this lawsuit, FTI Technology provided managed review of both the English and foreign language documents. As the matter progressed to fact discovery, outside counsel turned to FTI to locate and summarize the material documents. In advance of each deposition, counsel shared key questions with the FTI researchers, who leveraged advanced analytics and investigative expertise to quickly find the relevant documents. Within several days, the Story Development team developed in-depth summaries of the findings for each deponent and continued to work with counsel to create a more fulsome list of deposition questions. While counsel conducted depositions, the Story Development team began investigating responses to requests for interrogatories.
The team drafted privileged statements responsive to each request, summarizing material found in the documents, on which counsel could base its legal responses. When additional incidents occurred, FTI analyzed the company’s documents for information relating to those events and fed material facts to counsel and the company in real time, allowing for a proactive response to the situation.