From the President

Hello,

In our August edition of the Discovery Update we are featuring tips on the use of eDiscovery, as well as some relevant tools for your professional use.

Enjoy the read, as well as the remainder of the summer August days!

Best,

Sheila

Mobile Devices, Data Collection, and the Next E-Discovery Front

By FTI Consulting Technology

Mobile devices are impacting corporations profoundly in ways both obvious and subtle. As in-house counsel, IT staff and the security department grapple with bring your own device (BYOD) policies, security issues, and the massive proliferation of data generated by mobile devices, they may not be focusing as closely on litigation and investigational risks caused by mobile device data. Potentially responsive discovery data—or data that may be necessary for internal and external investigations regarding HR matters, fraud, IP theft and more—that resides on smartphones, tablets, and other devices isn’t only hard to track, it can be extremely difficult to capture and preserve. As with most risks, playing catch-up once an incident occurs is a prescription for failure. Thinking proactively about these issues, on the other hand, will allow legal departments to take control and avoid trouble later on.

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Should an FCPA Matter Change Your eDiscovery Approach? Here's what to Focus On

By David Carns

Corruption allegations under the Foreign Corrupt Practices Act (FCPA) typically hit companies hard.  An FCPA investigation is almost always unexpected, and it immediately places the organization under tight, government-imposed deadlines to produce relevant information. This can be quite disruptive to day-to-day business. According to the Association of Certified Fraud Examiners’ 2018 Report to the Nations on Occupational Fraud and Abuse, just 15 percent of corporate fraud is detected by internal audits, which suggests that traditional information management tools and protocols cannot be counted on to avert a potential disaster.

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