Law firms are often the first call made by corporate legal teams when critical matters like data breach and litigation arise. Similarly, FTI Technology is a trusted partner to best position law firms to respond strategically and efficiently to the digital risks inherently connected to clients’ legal and regulatory matters.
FTI Technology works closely with law firms across a broad range of challenges, including:
Investigations represent the most high-stakes scenarios for corporations and their law firms including fraud, bribery, IP theft, antitrust violations, workplace misconduct and many forms of white-collar crime. These matters often extend across international borders and require unique processes and expertise for uncovering evidence.
Unlike discovery in litigation matters, which focus on proportionality, internal and regulatory investigations demand comprehensive fact finding as quickly as possible, with government authorities likely serving as judge and jury over outcomes. Mistakes or overlooked evidence can introduce tremendous risk.
A successful investigation requires flexible, multidisciplinary expertise to tie all the pieces together. FTI Technology’s Digital Forensics & Investigations practice offers a wide range of global services, with teams, labs and data centers in the United States, UK, Europe, Australia, Asia, Canada, India, the Middle East and South America. FTI Technology’s experts bring extensive experience in identifying and untangling webs of interdependencies that link people, corporate entities, monetary amounts, business partners and outsiders to critical events under analysis, and have successfully completed hundreds of high-stakes, global investigations. Key capabilities include:
Remote Collections and Investigation
Our teams around the world bring years of experience carrying out remote data collections in scenarios where physical presence at client premises is inefficient or impractical. We have the agility and expertise to respond promptly with custom solutions and established processes to enable a defensible collection, transfer and review of data no matter the circumstances. Using custom and industry-standard tools, our experienced data collection specialists maintain the forensic integrity, defensibility and security of data throughout, supported by full chain of custody tracking. We provide on-site support, managed remote collections and guided self-collections depending on the client’s unique needs.
Cryptocurrencies and digital assets have created new opportunities and challenges for corporations and law firms. From civil disputes resulting in litigation, to criminal proceedings concerning fraud, misuse and terrorist funding, cryptocurrency disputes and investigations are on the rise and presenting a rapidly evolving subject area. Our team includes certified blockchain and cryptocurrency experts, smart contract developers and cryptocurrency investigators who work with legal teams to investigate blockchain or cryptocurrency claims. Our experts utilize proprietary and cutting-edge investigative technology and methodologies to help extract relevant data, trace assets and deliver detailed expert witness reports and testimony for judges, juries and clients.
FTI Technology’s custom workflows combine analytic technology and human expertise to meet the demands of projects of any magnitude, all in direct collaboration with counsel. We recruit and retain our own review attorneys, including foreign language experts, who are trained on our platform, processes and a variety of case types. We drive efficiency at every step, ensuring budget predictability and on-time fulfillment of regulatory deadlines.
Antitrust, Competition and Merger Clearance
In M&A, organizations are under market, shareholder and financial pressures to bring transactions to a timely close. Adding to the intensity are second requests and merger control investigations that often involve large custodial data sets spread across multiple global locations. Stringent regulatory requirements for responding to these inquiries can often lead to highly compressed timelines that carry a significant risk of penalties. Similarly, antitrust and cartel investigations are presenting legal teams with a multitude of unfamiliar challenges spurred by massive data volumes, emerging data sources, globalization and evolving data privacy laws.
Overwhelmed legal teams come to FTI Technology as a trusted partner with deep expertise to successfully navigate these issues and protect the value of their deals. FTI Technology’s antitrust, competition and merger clearance investigations experts bring all the elements necessary to handle the unique characteristics of these sensitive matters. Our proven workflows and follow-the-sun client service help achieve timely and accurate productions to regulators. Key capabilities include:
With the foundation of more than 100 successfully completed merger deals, FTI Technology is a tested and proven guide through the complex second request and merger clearance process. We have specialized experts in every major region around the world who bring hands-on experience negotiating with regulatory bodies. Our vetted playbook incorporates our leading-edge technology, our workflows and the flexibility and ingenuity of our teams.
Worldwide Regulatory Expertise
Our team is comprised of the world’s foremost authorities on second requests, Canadian Supplementary Information Requests (“SIR”) and phase II merger control law and procedure, expert technologists and a skillful team of consultants and reviewers around the globe. FTI Technology has established relationships with numerous regulators (including the U.S. Department of Justice, Federal Trade Commission, Canadian Competition Bureau, EU Commission Directorate-General for Competition and UK Competition and Markets Authority) which allows us to seamlessly liaise and negotiate on behalf of our clients.
We provide and leverage our client’s preferred e-discovery platform to deliver a flexible and cost-effective solution for second requests, SIR, European phase II merger control and other competition-related investigations. Our team is deeply experienced with custom solution development across a broad range of legal review platforms, advanced data analytics workflows and predictive coding techniques.
Disputes and Litigation
People, organizations and nations are more interconnected than ever before. The ongoing increase in globalization has driven change and growth in countless industries, transformation in business processes and diversification in economies. It has also, alongside several societal and regulatory shifts, contributed to a steady rise in the incidence of domestic and international disputes. Worldwide, organizations are facing increased workloads relating to commercial and labor litigation, COVID-19-related disputes, ESG matters, legal actions for data protection violations, class actions, cross-border cases and more.
Meeting the demands of these matters is difficult for even the most sophisticated legal teams. FTI Technology delivers a range of solutions, supported by industry-leading case management, to help in-house legal departments and their law firms respond to disputes. Key capabilities include:
Data volumes and variety are growing every day, making e-discovery more time consuming, complex and costly. FTI Technology’s experts help our clients reduce data volumes and thereby reduce discovery costs by remediating redundant and trivial information, collecting only what’s necessary, culling data in early case assessment and utilizing analytics for smarter reviews. We do this with defensibility as a top priority, through our proven out-of-the-box and customized workflows, coupled with best-of-breed technology. We also help our clients implement the best technology for their needs via hosting, on-demand services, user training and customer support. Every matter is supported by our experienced and trained case management team, which maintains the highest degree of quality and service throughout.
FTI Technology provides services and proprietary technology to extract data from emerging sources, including chat applications, collaboration tools, social media and cloud-based platforms. Our experts help clients enrich their data and visually organize it in a way that is easy to understand, review and integrate with other data residing in the client’s e-discovery platform.
Our teams around the world bring years of digital forensics experience. We routinely conduct physical and remote data collections globally. We have the agility and expertise to respond promptly with custom solutions and established processes to enable a defensible collection, transfer, analysis and review of data, no matter the circumstances. Using custom and industry-standard tools, our experienced data digital forensics specialists maintain the forensic integrity, defensibility and security of data throughout, supported by full chain of custody tracking.
Data breaches are skyrocketing around the world, as are the financial implications of these incidents. Year over year, the average and total cost of data breaches continues to rise. When personal data is compromised, the stakes are even higher. Around the world, data privacy regulations are ramping in enforcement. Fines under the General Data Protection Regulation continue to rise and global data protection laws have added millions to the cost of corporate compliance.
Investigating these incidents is costly, complex and can be highly disruptive to a business. Furthermore, communications to impacted individuals following an incident can result in significant reputational damage. Effective incident response is paramount in mitigating financial and reputational setbacks, containing legal repercussions and restoring trust. FTI Technology’s experts, working as one team with FTI Consulting’s Cybersecurity and Strategic Communications experts, execute an immediate, decisive and multi-disciplinary response to limit long-term damage. Our data breach response capability seamlessly integrates across existing mission-critical functions and is backed by expertise in responding to all types of threats and risk factors. Key capabilities include:
Detection and Analysis
Once an incident is identified, we combine the resources and tools necessary to determine the scope, impact and appropriate response. These efforts determine the source of the incident and preserve necessary forensic artifacts.
Containment, Eradication and Recovery
Upon detection of a breach, our teams prohibit data from leaving the organization’s network, prevent further damage and eradicate and repair vulnerabilities and root causes. Through a post-incident assessment, we detail the cost, cause and response for the incident, along with steps that should be taken to prevent future breaches.
Remediation and Reporting
We conduct review and analyses, across numerous formats and languages, to ensure thorough remediation, identification of potentially impacted data sets, reporting about personally identifiable information, identification of company sensitive data, regulatory compliance and accurate document preparation following a breach.
Complex Investigations and Litigation
During a breach investigation or subsequent legal action, we quickly unearth key facts and data sets to enable timely and strategic decisions, supporting our clients with evidence discovery, analysis, expert witness reports and more. Our teams can support this phase through digital forensics, data collections, investigations, managed review, strategies for addressing cross-border challenges and more.
Cybersecurity incidents require thoughtful and timely communications. FTI Consulting is the only firm to provide data privacy and cybersecurity expertise alongside a crisis communications practice. We provide crisis communications advice directly to our client’s executive, crisis and incident teams.