White Paper
The State of Emerging Data 2022: Waking a Sleeping Giant
Compliance, legal and IT teams face a dynamic data universe that is generating an unprecedented and varied influx of risk. The increased use of cloud-based and collaboration tools is creating challenges across investigations, legal matters, governance and data protection. Adapting to this new landscape of emerging data sources will be paramount to mitigating risks and establishing new best practices.
Blog Post
Pandemic Lessons Learned in Remote Forensic Analysis
Prolonged pandemic restrictions significantly changed the landscape for investigations, as the once typical travel to client sites to perform on-site forensic data acquisition was either severely limited or not an option at all. Data collection methodologies suddenly shifted from traditional disk-to-disk copy to remote methods, requiring digital forensics experts to establish methodologies that would enable remote collections in a defensible manner, presentable to a court, regulator or senior stakeholders.
Case Study
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.
Blog Post
Forecast 2022: FTI Technology’s Predictions for Emerging Data Sources
The transformation in where and how work happens has had a direct impact on the data that serves as evidence and/or creates risk in legal and regulatory matters. While the end user functionality of collaboration, productivity, cloud-based and remote work tools continues to evolve, the backend result for legal and compliance teams will become increasingly complex.
Blog Post
Linked Content Presents Challenges in E-Discovery
Linked content—dynamic documents shared as links rather than attachments—are emerging among the latest areas of debate in how emerging data sources impact e-discovery. Not only are courts and discovery experts beginning to discuss whether hyperlinked content should be treated the same as attachments in production, but practitioners are also increasingly encountering the legal and technical challenges of collecting, analyzing and reviewing linked content in real world cases.
Blog Post
Emerging Data Sources Insights Part 1: Why Permissions are Becoming More Important than Custodians
The corporate data footprint continues to expand exponentially in size, variety of sources and complexity, largely as a result of ongoing business adoption of cloud-based collaboration and productivity tools and a widespread shift to remote work. On average, most organisations’ IT systems now include 400 data sources, with the top 20% juggling 1,000 or more according to a recent survey from IDG Research. In the same survey, IT professionals stated their data volumes are growing by 63% monthly, with one in 10 indicating their footprint is growing at 100% or more each month.
Blog Post
Six Tips for Navigating Legal and Regulatory Risks in the App Age
Many corporations in Brazil are grappling with the implications of increased mobile phone app use for business communications and collaboration. Tools like WhatsApp are growing rapidly in enterprise user adoption and providing significant advantages for employee productivity and collaboration. Yet IT, legal and compliance leaders continue to worry over the impact these tools have on regulatory compliance, IT security, data protection and investigations.
Video
COVID-19's Impact On Our Data Footprint
How the emerging data climate change is transforming and changing the e-discovery industry
Blog Post
Data-Driven Challenges in Merger Investigations
I recently joined a Global Competition Review panel of M&A experts to discuss the effects and legal implications of several data-related issues on the merger review process. The panelists from Latham & Watkins, O2 and the European Commission/DG Commission brought a broad range of insights across regulatory, in-house legal and outside counsel perspectives.
Blog Post
Corporate Data Challenges in EMEA in 2021 (Part 1 of 4)
A physicist at the University of Portsmouth recently published research claiming that digital information should be considered a fifth type of matter, alongside gas, liquid, solid and plasma. The study, spurred by scientists’ interest in the effects of the world’s growing digital infrastructure, predicts that bits of digital information will equal the atoms of matter on Earth within the next 150 years. In this four-part blog series, I’ll discuss the key data challenges and trends that our clients are facing with the growth of data, and the importance of investing in proactive programmes and data expertise to manage and reduce the subsequent risks.
Blog Post
FTI In The News: Managing Director, Tim Anderson Discusses The Latest In Emerging Data
The data landscape continues to evolve and now more than ever, accelerate. Driven by the pandemic, people around the globe have been forced to adapt how they communicate, professionally and personally.
Blog Post
Discovery in the Cloud: An Investigator’s Close Look at Unexpected Risks and Challenges
After significant growth in 2020, cloud storage providers are continuing to experience increasing adoption within enterprises, and in turn spurring a rise in new legal and compliance challenges. The cloud storage market is forecasted to grow by more than 20% in the next five years across a range of established and emerging solution providers. With this growth, organizations are scrambling to make sense of how their reliance on providers like Microsoft, Google, Amazon and Dropbox affects their governance and discovery processes.
White Paper
GCR Survey Report: Investigations, Data and Compliance
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.
Blog Post
E-Discovery in 2021 is a Brave New World
Anyone who’s been in the e-discovery industry for any length of time knows that change is the only constant. It’s a practice and industry born from the very notion of change, and has been evolving steadily since its early days two decades ago. What’s happened over the last year is that the rate of change is now quickly picking up momentum. Trends that were just emerging in 2019 took full shape and began disrupting the space in 2020. More advancements—in the demands of e-discovery and the innovations brought forth to meet those demands—are on the horizon.
Blog Post
How Cartel Investigations are Evolving Alongside Data and Technology Advancements
Ashley Brickles recently participated in a cartels workshop hosted by Concurrences, alongside speakers from Herbert Smith Freehills, the Court of Justice of the European Union (CJEU), General Electric and the European Commission department for competition (DG COMP). The panellists comprised a diverse set of backgrounds and perspectives, which provided for a lively and educational session that covered procedural changes in cartel investigations, privacy concerns that have arisen in competition proceedings and the extent of the Commission’s investigatory powers.
Case Study
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.
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