Q&A: Dr. Jens Koenig Discusses White Collar Crime, Antitrust and Investigation Trends in Germany

Jens, before discussing the issues you’re seeing in the German market, can you discuss what brought you to FTI Technology after working for nearly 20 years as an attorney at one of the most prestigious law firms globally?

Sure. As a white collar defense and investigations attorney, I’ve worked on various complex and multi-jurisdictional regulatory investigations, such as FCPA and sanctions matters, for many years. Joining FTI Technology is a natural extension of the work I’ve always done: leveraging my skills, experience and network to help clients navigate their most challenging issues. I’m also looking forward to the growth opportunities we have in the market and to be the experienced partner law firms and corporations need. Quality is key, as are strong relationships based on trust, transparency and open dialogues.

You’ve had a long career of helping clients solve data challenges and bridging gaps between the fields of legal and technology. Can you explain how that experience will support your practice within FTI Technology?

I’ve worked with clients across many industries, including automotive, banking, health care, pharmaceutical and aerospace, and I often see many of the same challenges, regardless of industry. Corporate governance is an ongoing difficulty for most organizations, and that’s been intensified with the acceleration of technology and complex data issues. 

Even during periods when organizations aren’t facing intense investigations, corporations and law firms must be prepared for the regulatory enforcement issues of the moment. In Europe right now, there’s an enforcement focus on white collar crime and competition violations as well as data privacy and sanctions. My focus is to help our clients navigate through investigations and data challenges retrospectively, while also to thinking proactively about how these enforcement trends and the new wave of technology, such as generative AI and deepfakes, stand to impact their risk, approach to governance and investigatory readiness.

Can you share an example of a recent challenging project you’ve worked on?

There was an internal investigation into issues with a departing employee that was particularly interesting from a data forensics and data privacy point of view. The client suspected that the employee had stolen trade secrets before leaving to work for a direct competitor. These types of matters are quite common and often require forensic examination of the employee’s laptop or communications to determine whether they took information (knowingly or unknowingly), what kind of information they took, what they did with it, who it was shared with, what the legal consequences might be, etc.

In your view, what are the biggest challenges facing clients right now and in the year ahead?

Companies are already struggling with navigating regulatory enforcement, geopolitics, emerging data and generative AI. These issues will continue, and I think we’ll also see more internal investigations relating to whistleblower regulations, IP misappropriation and other forms of misconduct. Organizations should also prepare for an increase in white collar crime and sanctions enforcement. 

The common thread through these issues is data. Investigations will continue to grow in complexity and require deep expertise to efficiently address and minimize technical, legal and regulatory risks.

Why do you think FTI Technology stands out against competition?

In Germany (and globally), we have a very diverse team of experts for every challenge our clients may face. I believe there is no other company in the German market that offers our level of technology, investigation, legal and strategic experience. We’re at the forefront of innovation and development in generative artificial intelligence. We also share knowledge in the market as part of a strategy to educate and – most importantly – redefine how law firms and corporate clients can partner with consultants to be more efficient and successful.

Is there anything you’d like to share about your personal leadership style?

I believe in teamwork, transparency, open dialogues, collaboration and personal relationships, not only with clients but also among external advisors and other stakeholders. Internal investigations, by their nature, can be disruptive, distracting, expensive and even emotionally difficult for everyone involved, but the better the cooperation between the different teams, stakeholders and advisors, the easier it is to efficiently help the client to get to the bottom of potential wrongdoing and to make informed decisions about the way forward.

The views expressed herein are those of the author(s) and not necessarily the views of FTI Consulting, its management, its subsidiaries, its affiliates, or its other professionals.