Topics
Digital Forensics & Investigations Resources
White Paper
Key Challenges in White Collar Crime Investigations
More than one-third of businesses in the U.S. are affected by white collar crime and studies have estimated that approximately 40% of large organisations in Europe have been impacted. Fraud, embezzlement, money laundering, insider trading, financial misstatement and intellectual property theft cause annual losses estimated at up to US$1.7 trillion. In recent years, there have been some significant developments in the prosecution of white collar crimes globally, with enforcement activity increasing by more than 50%.
White Paper
Collective Actions and Data Risk Management
Collective actions, also known as class actions or mass claims, have become increasingly prevalent in the U.K. and European Union due to recent legislation and precedent-setting cases. There has been an estimated 120% increase in the number of collective actions in the EU since 2018, and in 2023, class actions in the U.K. were collectively seeking in excess of €120 billion.
Blog Post
In this Q&A, Senior Managing Director Renato Fazzone, who will play a lead role in this engagement, discusses how data and technology changes are making e-discovery and digital forensic investigations more challenging for clients.
Case Study
When an intellectual property dispute between two companies in the aviation industry escalated to litigation and potential criminal charges, the defendant organization needed to quickly understand whether there was any merit underlying the allegations in the suit. This necessitated expedited forensic analysis of many dozens of devices in addition to cloud searches and other discovery work relative to the litigation. FTI Technology was engaged to provide digital forensics and emerging data sources expertise and support.
Case Study
During the discovery phase of an alleged theft of trade secret litigation between two technology companies, parties contended with a search and production protocol relating to confidential information, trade secrets, personal data and highly complex metadata in the set of potentially relevant documents. The district court appointed FTI Technology as the neutral third party expert charged to handle execution of the court ordered search protocol involving the analysis and extraction of forensic artifacts at scale beyond the corpus of custodian communications and work data, to determine which items should be turned over to opposing counsel, and which contained sensitive information that should be withheld. The findings helped the parties reach a settlement.
White Paper
UAE Financial Crime Compliance: How To Prepare for Potential Investigations
The United Arab Emirates government is actively escalating its efforts to prosecute and investigate financial crime. Financial crime prevention, investigation and response are highly complex and challenging for institutions based in, or operating in, the UAE, and increasingly so. Banks need to build robust preparedness programs or full-scale compliance technology and controls to compete on the international stage against global peers that apply a stringent international benchmark.
White Paper
Technology Modernisation for Internal Investigations: Clarion Call for Innovation and Improvement
The landscape of internal investigations has changed dramatically in recent years. This has been driven by factors including increased regulatory and legal pressures, unforeseen government intervention and growth in the scale of information requests. As a result, large organisations today are inundated with an increasing volume of whistleblower claims, allegations of misconduct, customer complaints and claims, suspicious activity reports, freedom of information requests, data subject access requests (DSARs), subpoenas, etc. While each request differs in substance, they all share the requirement to collect information, review and investigate, collaborate on findings, and report.
White Paper
Navigating Cloud-First Digital Forensics Across Asia Pacific Disputes and Discovery
Cloud data sources and the prevalence of messaging applications used within the workplace have spurred a new cycle of disruption in digital forensics, investigations and information governance. Overall user numbers for cloud-based platforms, and the variety of applications tapped for business purposes, will only continue to grow, especially as tech giants innovate with artificial intelligence and release new collaborative interfaces. The upshot is that counsel will grapple with how to uphold accepted principles for forensic defensibility, electronic evidence collection, data preservation and information governance across vast, complex, rapidly changing populations of data.
White Paper
The ABC (D and E) of Technology for Effective Investigations
Investigations today often involve millions of documents and records originating from tens or hundreds of disparate data sources. In complex, high-stakes investigations, manual processes and reluctance to leverage advanced tools to find key information from within large, diverse data sets are causing excessive time, cost and complexity in bringing matters to a swift and defensible conclusion. The use of technology has become essential in responding to modern investigations and catching problems as they arise. However, advanced tools must be applied in a standardised, documented and defensible manner in order for findings to stand up to scrutiny among regulatory authorities and the courts.
Video
Once touted as the pinnacle of long-term data storage, magnetic backup tapes have evolved into a data albatross around the necks of corporate Australia. Storage costs, difficulty of data retrieval and the threat of regulatory action due to data over-retention loom over companies which continue to retain backup tapes as a permanent archive.
Case Study
A large, global bank was facing multiple regulatory inquiries into certain practices, which required the organization to conduct an in-depth investigation across jurisdictions. FTI Technology was engaged to provide digital forensics, data processing, project management and managed document review services across the entire matter.
Case Study
FTI Technology Responds to Large European Commission Phase II Request Within 24 Days
A large European corporation in the midst of an acquisition received a wide-reaching request for information (RFI) from the European Commission. With only weeks to respond, the organisation selected FTI Technology for the team’s extensive merger control expertise and market-leading technology solutions, to successfully respond to the inquiry on time.
Blog Post
Q&A: Thuy Nguyen Discusses Data and Language Complexities in Managed Review
As a managed document review leader and attorney for more than 10 years, Senior Director Thuy Nguyen has worked on dozens of large and complicated investigations, many of which involve unique data challenges and language complexities that require specialised oversight. In this Q&A, Thuy discusses several recent matters that highlight the importance of quality document review and access to experienced reviewers.
White Paper
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.
Case Study
After a joint venture between two large multinational organisations deteriorated into breach-of-contract claims and litigation, FTI Technology’s client was ordered to conduct a widespread and all-encompassing discovery, preservation and remediation exercise for all instances of the former partner’s intellectual property (IP). The matter covered information from more than 10 locations in multiple countries and more than 1,000 data sources.
Blog Post
Digital Forensics Fundamentals: Successful Preservation of Evidence
Digital forensics uncovers, analyses and can be used to reconstruct criminal activity. An essential part of this, is the digital preservation of evidence. Data from relevant areas must be collected, documented and processed in an effective and defensible way. This article explores the evolution of digital forensics in an era when the volumes and variety of data have grown beyond expectation and how organizations can prepare for a potential investigation.
Case Study
A transportation company was conducting an internal investigation regarding allegations of improper conduct by specific employees. The allegations included reports that misconduct had occurred in a foreign country and involved corruption and illegal payments through an intermediary for that country’s government. The client engaged FTI Technology to answer key questions quickly.
Video
Join FTI Consulting Managing Director, Jerry Bui, and King & Spalding Senior Attorney, Kassi Burns for a discussion on the future of the legal and digital forensics industry.
Blog Post
How Cryptocurrency Intersects with Fraud Investigations
The post-pandemic workplace has dramatically changed both information governance and the employee/employer relationship. With new remote models and changing philosophies towards work, organizational data is more vulnerable than ever before. Control, understanding and action are the keys to managing data, whether that includes PII or trade secrets. and a combination of technology and policy tools are required to ensure the organization is prepared and protected, and that data can be recovered and secured.
Blog Post
Proliferating Data Sources and Collaboration Tools have Moved the Goalposts for Investigations
Advances in digital technology bring new risks, and the need for new solutions to manage them. Deciphering events and gaining insights means that the discovery process must be as fluid as the digital natives who move intuitively across those platforms. Connecting cross-platform data to build a complete picture has never been more challenging, nor more urgent.
Case Study
An Asia Pacific-based shipping company was under investigation by the U.S. Department of Justice and competition bureaus in numerous countries for alleged price fixing. The company was required to collect, review and produce documents from numerous emerging data sources, including Google Workspace and AppSheet. FTI Technology’s emerging data sources team was engaged to help navigate the nuances of linked content and collecting relevant electronic evidence residing in Google Workspace.
Case Study
FTI Technology Serves as Court-Appointed Data Expert in Multi-Jurisdiction Trade Secrets Dispute
When a Dubai- and Palestine-based joint venture between two multi-national organisations in the pharmaceutical and health care industry deteriorated into a contentious trade secrets dispute, the Dubai International Financial Centre (DIFC) courts ordered a resolution in the form of a massive data remediation. The court appointed FTI’s Technology team in Dubai to serve as the independent expert to conduct data discovery, review and deletion for all disputed instances of trade secrets and source code across the violating entity’s systems. FTI Technology deployed experts from across the Middle East, U.S., U.K., Ireland, Spain and South Africa to complete a complex remediation involving 90 custodians, numerous systems and more than 100 devices.
Case Study
Following a 2019 Food & Drug Administration recall of a drug that was thought to contain a harmful contaminant, numerous lawsuits were filed against the pharmaceutical manufacturer in multiple states. The matter eventually consolidated into class action litigation, triggering a widespread investigation spanning three countries. Over the course of more than 18 months, FTI Technology’s Digital Forensics & Investigations team conducted the investigation across numerous facilities and more than 80 custodians, overcoming complex challenges relating to cross-border data transfer issues, Chinese state secrets restrictions and global data privacy regulations.
Blog Post
Roundtable Discussion: Beating the Odds in a Massive Cross-Border Pharma Investigation
Experts from FTI Technology were recently engaged to conduct a complex investigation across numerous locations and more than 80 custodians for a large pharmaceutical recall and resulting lawsuits. Over the course of more than 18 months, the team overcame complex challenges relating to cross-border data transfer issues, Chinese state secrets restrictions and global data privacy regulations. We recently discussed the matter with Senior Managing Director Veeral Gosalia and Director Jonathan Roberts to reveal lessons learned from the case’s unique challenges and FTI Technology’s approach to solving them.
Blog Post
Q&A: Johnathan Bridbord Discusses the Pace of Innovation and Technology’s Impact on Investigations
FTI Technology’s Digital Forensics & Investigations practice has grown significantly over the last year and is seeing increasing demand for digital forensics expertise alongside an upswing in the scope and scale of regulatory and internal investigations. As part of the team’s recent expansion, Johnathan Bridbord joined as a Managing Director, bringing extensive experience in law enforcement, incident response investigations, expert witness work, computer forensics and regulatory matters. In this Q&A, Johnathan discusses his background and his views on the various implications of technology innovation on investigations and disputes.
Blog Post
Level-Setting Audit and Investigations Strategies Amid Ongoing Disruption – Part 2
In the current environment of remote work and hybrid work environments, our digital forensics and investigations teams have seen significant disruption in the execution of remote global audits, regulatory inquiries and internal investigations. Through this work, we’ve seen that the more sophisticated an organization is in its journey toward digitalization, the more it is able to achieve savings in the time, costs and resources needed to conduct a remote investigation. I discussed this concept in detail in Part 1 of this series, which included an overview of how organizations can examine their digital sophistication.
Blog Post
Is Time Travel Possible? Digital Forensic Investigators Do It Every Day.
For digital forensics investigators, time travel is no far-fetched sci-fi fantasy, it’s part of the job. Every day, forensic technology specialists use data to go back in time and piece together facts and clues that tell the story behind a regulatory violation, legal dispute, or other high-stakes incident. This work requires technical and analytical skills across a wide range of tools and data sources, many of which are currently emerging, and evolving all the time. As corporate data footprints grow increasingly large and diverse, so do the places where investigators must look for evidence.
Video
The New Normal: The Corporate Investigation of Today
The past year continues to leave its mark on the data landscape, presenting numerous and expanding challenges for corporate investigators. Accelerated use of cloud-based communication applications, increased reliance on artificial intelligence, and a remote workforce have made the already difficult task of executing an investigation more complicated.
Video
Sudden Impact: How The Pandemic Changed Antitrust Investigations 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. From North America to South America and Europe, competition authorities updated guidance on pandemic-driven cooperation, transitioned to virtual investigations and temporarily suspended certain merger review and office searches. Acceleration of remote-work-driven cloud communication and the need for remote document collection, only complicated matters further.
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
IP in Open Waters Part 2: Bringing Data Back to Safety
In the wake of COVID-19 and the changes it has instigated, you may not be able to bring all your IP back to the safety of the rockpool – but it’s not too late to deploy the life rafts and patrols, and be prepared.
Blog Post
IP in Open Waters Part 1: Understanding the Depth of Data Risk in Australia and Beyond
The COVID-19 pandemic caused massive disruption to the working practices of corporate Australia, commencing with a sudden and substantial increase in remote working in March 2020 as lockdowns were implemented. With this shift, enterprise IT was asked to rapidly enable and support millions of users in leaving the highly controlled “rockpool” of corporate systems for the “open water” of cloud-based collaboration tools and personal devices. Within a few short weeks, the safeguards that many organisations had carefully built over years to maintain their critical IP in singular, securely stored instances were broken down. Sensitive data was suddenly spilling out into the depths—multi-instance, synchronised and available on the personal mobile phones and laptops of staff working at home.
Blog Post
FTI Technology’s Growth in EMEA Continues with Addition of Nick Athanasi in Dubai
We recently announced Nick Athanasi as a Senior Managing Director in the Technology segment in Dubai, where he will lead teams in the Middle East, Africa, and India. As one of the founding team members of our UK Technology segment in 2006, Nick is returning to the firm from his role as partner and Middle East leader for the Forensic Technology practice at a Big 4 consulting firm. We recently talked to Nick about coming back to FTI Technology and the issues on his radar in the regions he serves.
White Paper
Corporate Investigations X-Factors
Examining the evolving landscape and emerging methods in responding to regulatory inquiries and fraud investigations
Blog Post
E-discovery, data privacy and information governance risks are increasingly intersecting in today’s organizations. In turn, the ways corporations manage their data, approach compliance and react to legal matters must evolve quickly. FTI Technology’s teams are focused on addressing these new challenges and opportunities. The recent addition of Managing Director Brandon Lee to the team is a prime example of FTI’s ability to provide solutions and expertise that bridge the most pressing legal, regulatory and data issues. We recently interviewed Brandon about his new role and his unique strategy for supporting in-house legal teams.
Video
The New Normal for Cartel & Second Request Investigations
Learn from industry experts on what antitrust legal teams can expect as the “new normal” for investigations in the coming years.
Video
The Future of Investigations Part 2: Regulatory Oversight & Enforcement
The global patchwork of sanctions and regulatory oversight promises to grow more complex as data privacy and security concerns come to the forefront. This webcast will discuss the intersection of investigations and regulatory oversight – both the enforcement actions that will drive investigations in the future and the regulatory requirements that legal teams will need to adhere to during these matters.
Video
The Future of Investigations Part 4: X-Factors
COVID-19 and the global migration to remote work environments, pending vaccine breakthroughs and migration back to physical offices, a growing presence of blockchain and cryptocurrency, moves to digitization and artificial intelligence, a presidential election and global shifts in regulatory priorities – these are just some of the “X factors” that can be difficult to account for as companies assess their compliance and investigative priorities. This webcast will focus on resilient and agile measures that companies can take to efficiently adapt to for unforeseen challenges.
Video
The Future of Investigations Part 1: Fighting Technology with Technology
Numerous fraud and compliance violations are growing harder to detect as bad actors grow increasingly sophisticated in their methods and technology. From communications on cloud-based social media platforms to bitcoin and cryptocurrency adoption, successful investigations will require a better understanding of the latest technical advances. This webcast will outline three case studies of recent corporate investigations showcasing emerging tactics, and how investigative teams can use their own advanced processes and technology, including artificial intelligence, to stay one step ahead.
Blog Post
Q&A: Conor Gavin Discusses E-Discovery Trends and Segment Growth in Ireland
Demand for e-discovery and digital forensics capabilities is growing rapidly in Ireland. FTI Consulting is stepping up to the market’s emerging needs with the expansion of experts in the region and solutions to address the increasing complexity of litigation, investigations and governance in today’s climate. We recently spoke with Conor Gavin, a Senior Director in the segment’s Dublin office, to discuss his focus for supporting clients in Ireland and what he sees as the key issues for the year ahead.
Video
From China’s recently-amended IP and civil laws to developments in data security and privacy to longer-term impacts of COVID-19, multinational companies can expect a myriad of legal and technical challenges in 2021 with regard to their cross-border disputes and investigations. This interactive webinar, featuring a team of US and China-based professionals from DLA Piper and FTI Consulting, will break down the complex landscape of conducting fact finding and data/evidence collection in China as part of an internal investigation or cross-border dispute. Using a hypothetical IP litigation example, the panel will outline key risks and issues while providing practical solutions for companies facing cross-border disputes in 2021.
Video
Early Case Assessment and Investigations with Radiance
Collecting data from the cloud and quickly identifying critical data points for investigation can be cumbersome. In this session, a step-by-step workflow is provided to illustrate the ease of use of Radiance visual analytics in conducting early case assessment and internal investigations.
Webcast
The Future of Investigations Part 3: Transformation in Asia
Recent developments, from Hong Kong’s new national security law to the launch of a class-action lawsuit system for China, pose new requirements for legal teams conducting litigation and investigations within the region. In this webcast, our team of local investigative experts will provide clarity surrounding these recent developments, separating fact from fiction. The team will also outline the impact COVID-19 and evolving data protection laws are having on the movement of people and data.
Webcast
The Future of Investigations Part 4: X-Factors
COVID-19 and the global migration to remote work environments, pending vaccine breakthroughs and migration back to physical offices, a growing presence of blockchain and cryptocurrency, moves to digitization and artificial intelligence, a presidential election and global shifts in regulatory priorities – these are just some of the “X factors” that can be difficult to account for as companies assess their compliance and investigative priorities. This webcast will focus on resilient and agile measures that companies can take to efficiently adapt to for unforeseen challenges.
Blog Post
Why Global Reach and Local Expertise Matter in Cross-Border E-discovery
The interconnectedness of people, organizations and nations around the world has never been more apparent than it is today. The ongoing and rapid increase in globalization has driven change and growth in countless industries, transformation in business processes, diversification in economies, and yes, even widespread pandemics. It has also led to a spike in cross-border legal and e-discovery matters—a trend that is continuing on an upswing. Navigating international e-discovery in the best of circumstances is a challenge for even the most sophisticated attorneys. It is more so now, as legal teams struggle to adapt their work in the midst of this global health crisis.
Blog Post
Q&A: Geoff Budge Leads Technology Practice in South Africa, Offers Business Guidance for COVID-19
Managing Director Geoff Budge has been working with FTI clients in South Africa for more than three years. Now, he is building a team of experts and solutions for the newly-established Technology practice in South Africa. His team will focus on expanding in the region and delivering the Technology segment’s client-centric, flexible model across e-discovery, information governance, risk, data privacy, security and legal operations solutions. We talked to Geoff about this move, and his thoughts on the biggest issues corporations in South Africa are facing during the current pandemic.
Video
Gain Efficiencies In Investigations Through Advanced Methods and Technologies
Best practices for increasing adoption of advanced technologies within your organization.
Video
A look into FTI Consulting's Foreign Corrupt Practices Act (FCPA) investigations expertise.
Blog Post
2020 Forecast: Expect Landmark Changes in E-Discovery, Data Privacy and Investigations
Across our practice areas, we asked our experts to share their predictions for what will shape legal, compliance and information governance in the coming year. Below is a roundup—across new laws, emerging technology and key industries—of what they expect will make the biggest impact to businesses worldwide.
Blog Post
The digital universe will explode to 40 trillion GB of data by 2020. The total Internet of Things market is forecasted to hit $520 billion in the next two years, and will account for at least 10 percent of the total digital universe. We’re talking 4 trillion GB of IoT data in the foreseeable future. All this data, and the ways in which it is collected, stored and secured is intersecting with the blending of corporate and personal worlds, raising important questions about data privilege, compliance and the future of digital forensics.
White Paper
Revolutionising the Monitoring of Culture and Misconduct Risks and Related Investigations
Intelligent use of modern techniques such as machine learning and predictive technologies enable risk and compliance functions to respond to today’s escalating expectations
Case Study
Responding to Multiple Government Requests to Aid Multi-Billion Dollar Merger
FTI Consulting’s client, one of the largest life sciences corporations in the world, was responding to government requests in the US, Canada and Europe, relating to its multi-billion dollar merger with a US-based corporation. As trusted advisors to the client, FTI’s M&A and competition investigation experts were ready to help.
Video
Changing Trends in Forensic Data Collections
Software and technology providers such as Google and Microsoft now have discovery interfaces available to their clients, who have skilled staff who are able to operate these, and therefore able to make more use of these internal resources for forensic data collections.However, it is not always appropriate for an organisation to collect its own data. Technology has capabilities, but some due diligence may be required, and some more information about custodians, before simply turning to technology to solve problems.
Case Study
A large international financial services organization, with operations throughout Europe, needed to collect, review and produce relevant data to opposing counsel.
Video
Annual Antitrust Enquiries Conference [French]
(April 2018) FTI Consulting sponsored the annual antitrust enquiries conference organised by Concurrences review and Mayer Brown, with the involvement of representatives from the French Competition Authority (Autorité de la Concurrence) and the General Directorate for Competition, Consumer Affairs and Antifraud (DGCCRF). Thomas Sely, head of the Paris Forensic Technology practice, had the opportunity to speak at a panel on penalties for obstruction during dawn raids and requests for information.
Case Study
Flextronics was countersued by a former business partner and the main evidence for the countersuit was an email allegedly sent to Flextronics that no one had seen before. Sensing that the key evidence may have been fabricated, Flextronics and their Counsel turned to FTI Consulting’s Technology practice for digital forensic expertise.
Case Study
Forensic Data Collection From Mobile Devices
When our client, a global financial services institution, needed to quickly investigate a suspected security breach which required data from over two hundred of its employees’ mobile phones to be collected and reviewed, our computer forensic experts were able to help.
White Paper
The Lawyer - Global Litigation 50 Report, 2017
Technology is revolutionising the way lawyers practice their trade. To deliver the greatest value to their clients, legal professionals must know about the latest technological solutions.
Case Study
A leading international real estate information company suspected its data had been stolen and sold by a competitor. FTI Technology’s forensic experts teamed with local law enforcement to conduct a search and seizure, performed forensic imaging on close to 300 computers and devices and documented every step while adhering to the collection laws of the Philippines.
Blog Post
Understanding the Impact of Anti-Forensics Techniques
As a computer forensics investigator, FTI Consulting’s Bryan Lee examines evidence of corporate employees stealing data, embezzling company funds, committing fraud, and performing a wide range of other nefarious activities. In many of the cases Bryan has investigated, the employee attempts to cover their tracks using various methods such as deleting their internet history. Recently, there has been an upward trend in users altering their computer prior to performing their intended actions.
White Paper
Advice from Counsel: The Emerging E-discovery Playbook
Fortune 1000 corporate counsel share advice about how corporations manage their e-discovery programs in this annual survey.
Case Study
FTI Assists Client in Uncovering Employee Fraud in Europe Through Mobile Investigations Unit
A global law firm contacted FTI to assist in the investigation of unusual activities between employees in two different European offices. Data from key custodians needed to be collected, processed and reviewed so that investigators could determine whether fraud was occurring, and if so, who else was involved or knew about it, how much was involved and what legal action could be taken.
Blog Post
Advice from Counsel | Part 3: The Emerging E-discovery Playbook
The first two posts in this series highlighted some fascinating findings from our annual Advice from Counsel study, providing recommendations for the top corporate e-discovery ‘plays’ according to legal departments at Fortune 1000 corporations. Some of the top practices touched on included preservation and collection, when to utilize service providers, tackling the uncertain waters of predictive coding and leveraging data re-use. In addition to the five overarching ‘plays’, the survey respondents also weighed in on other pressing matters that are impacting e-discovery today, and will continue to do so in the near future.