White Papers

Delivering on the Promise of “Cradle-to-Grave” Data Management in Large Financial Institutions

Financial institutions are grappling with significant, ongoing challenges in their management of valuable communications data. These challenges are driven by accelerated technology change, a wholesale shift to cloud platforms and many long-lasting changes in working practices and behaviors post-COVID. Financial institutions have experienced a seismic shift from an era where all communications data was stored in centralized servers within the walls of its enterprise data centers. Now, email, chat, voice and video along with other dynamic forms of collaborative content, is stored across a myriad of third-party communications channels and cloud-based platforms outside the perimeter of the enterprise.

Compliance Tech Priorities in 2023

Respondents to a survey conducted by Compliance Week and FTI Consulting largely indicated third parties to be the most heightened area of risk to their businesses this year, with reporting and dashboarding and enhancing analytics capabilities among top priorities.

Global Regulatory Trends in Crypto

FTI Consulting together with The Block and top crypto attorneys have developed a report examining the worldwide regulatory frameworks governing digital assets and cryptocurrencies.

How Cryptocurrency Intersects with Fraud Investigations

The rise of cryptocurrencies has brought about a new dimension of fraud and illicit activities, requiring legal teams to be prepared and equipped to conduct investigations and partner with trusted cryptocurrency experts. This comprehensive resource explores the intricate relationship between cryptocurrencies and fraudulent activities, providing valuable insights into the world of a cryptocurrency investigations expert.

Forensic Analysis and E-Discovery Complexities in Cloud-Based Investigations

The corporate transition to the cloud continues to present significant, continually evolving challenges for discovery in disputes and investigations. The majority of enterprise data now reside in expansive cloud-based environments, and productivity platforms such as Microsoft 365 promise robust discovery and compliance features, alongside a continually evolving feature set. As a result, there has been a trend towards conducting cloud-first and cloud-only data collection and preservation — a departure from the traditional approach of broadly collecting data from custodian devices, removable media and on-premises server-based sources.

The State of Emerging Data 2023: An Overlapping Arrival and Departure

Emerging data sources passed a tipping point this year. It was an expected turn for experts watching the evolution of systems, applications, technology adoption and communication habits over the past several years. Some understood that this year would bring an arrival of a new data reality. Indeed expectations have been validated — 71% of CIOs from the world’s largest organizations now say that the explosion of data is beyond human ability to manage. Simply, traditional data norms have been replaced by a complex, vast, dynamic and constantly changing data universe.

Recommendations for How to Respond to the U.S. Department of Justice’s Evolving Enhancements to its Corporate Criminal Enforcement Policies

On January 17, 2023, in furtherance of the U.S. Department of Justice’s (“DOJ”) efforts to enlist corporations to help fight corporate criminality, Assistant Attorney General Kenneth A. Polite, Jr. (“Polite”) delivered remarks on revisions to the Criminal Division’s Corporate Criminal Enforcement Policies. His remarks followed Deputy Attorney General Lisa Monaco’s September 15, 2022 memorandum (the “Monaco Memo”) that announced changes and enhancements to these policies that aimed to strengthen and clarify existing guidance. The updated policies set forth in the Monaco Memo and reinforced by Polite, continue DOJ’s efforts to, among other things, incentivize corporations to develop more robust compliance programs with sustainable compliance cultures to: (1) prevent misconduct from occurring; and (2) obtain favorable treatment from the DOJ in the event that the corporation engages in criminal conduct that becomes the subject of a DOJ criminal investigation, whether through voluntary disclosure or otherwise.

The Most Valuable, Vulnerable Commodity

The FTI Technology Digital Insights & Risk Management Study, a comprehensive report that examines the extent to which organizations are recognizing the high stakes of data and effectively managing digital risk, involved senior business leaders from various global geographies and industries, with over 90% being at the executive level with primary or final decision-making authority.

2023 Privacy and AI Governance Report

This report explores the state of AI governance in organizations and its overlap with privacy management. We focused on companies’ change processes when striving to use AI according to responsible AI principles such as privacy, accountability, robustness, security, explainability, fairness and human oversight. This study aims to report on different approaches to governing AI in general and to explore how these nascent governance efforts intersect with existing privacy governance approaches

The 2023 General Counsel Report

Risk is now at the center of every conversation in the modern legal department. Over four consecutive years of study in the annual General Counsel Report, in-house counsel have expressed how they’ve been required to evolve and reinvent their roles. Once seen only as risk mitigators, they have become strategic business partners and have taken on an array of new responsibilities across a widening risk landscape.