General Counsel Insights
Unlock the strategic potential of your business with the General Counsel and Office of the General Counsel (OGC) expertise offered by FTI Consulting. Our comprehensive resources provide insights into the vital role played by the General Counsel in today's complex business landscape. Discover the transformative impact of a high-performing OGC, aligning legal goals with corporate objectives.
Featured Insights
- Future-Proofing White-Collar Crime Defenses Cutting-edge technology provides bad actors with new avenues to commit classic white-collar crimes — but the GC can prepare their defense in advance. Read Article
- Watch Out for These ‘Hidden’ Sanctions Traps The ever-growing catalog of sanctions from federal agencies can trip up any organization. Even the most diligent companies can go astray. Read FTI Journal
- Carrots & Sticks: Understanding the DOJ’s New Compliance Rules The DOJ is pushing companies to police themselves and voluntarily report misconduct. A strong compliance program can mitigate repercussions if they arise. Read FTI Journal
- How Can Artificial Intelligence Help Tackle Bribery Payments? Leading companies are investing in artificial intelligence (“AI”) and machine learning (“ML”) to address and mitigate potential bribery and corrupt conduct. Read Article
- Payment Firms Under the Microscope – Do Your Financial Crime Controls Stand Up to Regulatory Scrutiny? EU and UK regulatory publications indicate focus on the financial crime risks within the payments sector. Find out how FTI Consulting can help your firm. Read Article
Artificial Intelligence
- The Fourth AI Inflection Our experts explore how businesses can drive value from AI, and the practical limitations and cautions of implementing these technologies across organizations. Read Article
- Ethical Use of AI in Insurance Modeling and Decision-Making Regulators are focused on the potential for unintended bias against protected classes of people resulting from AI and Machine Learning-enabled analytical models. Read Article
- Here’s What the Coming AI Act Means for Your Business Europe’s AI Act — the first major law intended to regulate the use of artificial intelligence — will have a profound impact on companies worldwide. Read Article
- Five Points to Keep in Mind Before the EU’s AI Act Takes Effect Even as the EU’s Artificial Intelligence Act continues to take shape, businesses should look to clues about the future of AI regulation. Read Article
Antitrust
- Global Regulators Squeeze Merger Control as FTC Proposes Strict Revisions to Guidelines The Federal Trade Commission, with the concurrence of the Antitrust Division of the U.S. Department of Justice, recently entered a 60-day comment period for proposed amendments to the pre-merger notification rules under the Hart-Scott-Rodino Antitrust Improvements Act. Read Blog Post
- Seven Antitrust Trends to Watch The world of antitrust enforcement is continuing to intensify in the U.S., and globally. In this post, experts from across our Forensic & Litigation Consulting, Technology and Strategic Communications segments discuss the key trends they are watching in the current environment and how they compare to activity over the past last year. Read Blog Post
- Evaluating the Potential Price Rise in Partial Acquisitions of Ownership and Control Helder Vasconcelos explores why a partial acquisition may incentivise a company to increase the prices of a firm by more than it would increase them after a full merger. Read Article
- Emerging Data Sources Prompt Extensive Investigatory Hurdles and Regulator Negotiations in Multi-Jurisdiction Antitrust Matter In an ongoing series of antitrust and merger clearance investigations in the U.S. and Europe, a global life sciences company was facing significant challenges in meeting the authorities’ data production requests. Read Case Study
- Google Defeats Deceptive Practices Claim in Australian Litigation On December 9, 2022, the Federal Court of Australia ruled in favor of Google, which had engaged Compass Lexecon, and dismissed allegations by the Australian Competition and Consumer Commission (“ACCC”) that Google engaged in deceptive practices. Read Case Study
- Parker Hannifin and Meggitt Obtain Approval for Their £6.3 Billion Merger in the Air and Spacecraft Sector In September 2022, Parker-Hannifin Corporation (“Parker”) closed its acquisition of Meggitt PLC, after obtaining clearance from regulatory authorities. Compass Lexecon advised Parker during merger proceedings across the globe. Read Case Study
Business Transformation
- Balancing Innovation and Risk Management: The General Counsel’s Role in Driving Digital Transformation Emerging technologies can open businesses up to a new level of cyber security threats. See how the General Counsel can be integral to managing risk. Read Article
- The General Counsel Report 2023 In the 2023 General Counsel Report, in-house counsel explore how they've been required to reinvent their roles and become strategic business partners. Read Report
- FTI Technology Supports Extensive Legal Operations Transformation Initiative to Reduce Cost and Risk for a Global Bank As part of a global bank’s enterprisewide transformation initiative, its legal department planned an ambitious programme to simultaneously reduce data privacy and security risks, enhance its responsivity to legal and regulatory bodies, in addition to streamlining its operations through modernisation and the use of advanced technologies. Read Case Study
- Growth Support: Helping a Nonprofit Lead Underrepresented Young Professionals into the Workforce FTI Consulting corporate finance and business transformation experts describe their operating model development effort for education nonprofit Braven. Read Article
- Interim Management – Emergency Department and Perioperative Services Performance Improvement FTI Consulting provided interim Emergency Department leadership support to a client focusing on governance, change management and performance improvement. Read Case Study
Blockchain & Digital Assets
- Web 3.0: A Seat at the Investors’ Table In this Q&A, Alex Wong discusses what the development of digital assets could do for the economy and why investors should be interested. Read Article
- 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. Read Blog Post
- FTI Technology Leads Cryptocurrency Loss of Funds Dispute A leading cryptocurrency exchange was facing a lawsuit filed by a customer who sought damages for funds lost on the exchange. FTI Technology’s Blockchain & Digital Assets practice was selected to conduct an investigation into the matter and provide expert testimony to the court. Read Case Study
- In Pre-Class Action Investigation Involving a Decentralized Finance Exchange, FTI Technology Provides Detailed Findings Relating to Alleged Conspiracy to Defraud A decentralized finance exchange was hacked and facing class action litigation relating to fraud allegations. FTI Technology’s Blockchain & Digital Assets practice was selected by the organization’s law firm to conduct an investigation and uncover key facts. Read Case Study
Crisis
- Missteps the GC Should Avoid in the First 48 Hours of a Crisis The urge to spring into action when crisis strikes is instinctive. Strategic tactics can scale back pressure on the GC to launch an effective response. Read FTI Journal
- More Than Mere Survival: The GC’s Role in Moving Beyond Crisis In-house counsel should coordinate inside leaders and outside advisors to respond to a crisis. But they also have a role in longer-term response. Read FTI Journal
- Preparing for the Inevitable Black Swan A black swan event is rare, catastrophic and defies prediction. But there are ways to mitigate, and even minimize, the resulting crisis. Read FTI Journal
- When The Black Swan Comes From Within Social and technological changes have elevated the amount of potential harm a rogue employee can do. Here’s what the general counsel should know. Read FTI Journal
- Anatomy of a Crisis During Black Swans, General Counsel plays a crucial role in working with companies to move beyond the crisis. Here are the phases to think about as they respond. Read Article
- Pro Bono: Helping NHS England and NHS Improvement Communicate During A Pandemic During COVID-19, NHS hospitals were overwhelmed. FTI Consulting worked alongside the NHS to facilitate broadcast network requests for access to ICU wards. Read Case Study
- Pro Bono: Communicating During a Pandemic - South African Solidarity Fund FTI Consulting’s Strategic Communications segment provided pro bono expertise and tactical execution to support The South African Solidarity Fund. Read Case Study
Cybersecurity & Data Privacy
- The SEC’s Revised Cybersecurity Rules Have Global Reach If your company is publicly traded in the U.S. — whether headquartered in the U.S. or abroad — new cybersecurity and disclosure rules apply. Read Article
- How to Design an Information Governance Framework To Minimize Risks How can the General Counsel work with IT to identify the company's crown jewels and protect that data differently than the rest of its data? Read Article
- Off-Channel Communication Legal & Compliance Risks With every off-hours WhatsApp chat comes a potential risk. Here's how the General Counsel can tackle the legal headache of employee off-channel communications. Read Article
- Critical Data Breach Preparedness to Implement Now A data breach can happen to any company. Statistically, it will most likely happen at some point. Read Blog Post
- The Role of General Counsel in Managing a Cybersecurity Crisis Get an inside look at the vital role of the general counsel in successfully managing a cybersecurity crisis. Learn the key components to protect your business. Read Article
- Cybersecurity and Data Privacy: Not One Without the Other Explore the interplay between cybersecurity and data privacy, and why general counsel should approach them holistically when managing cyber risk. Read Article
- More Data, More Problems: 10 Reasons for Investment in Information Governance Growing data volumes make it harder for companies to protect data against leaks. How can the General Counsel address the challenge? Read Article
- A New Era of Risk: Data Privacy Across the Enterprise This article discusses the findings relating to data privacy and how data privacy has become a central risk focus across nearly every organisation. Read Article
- A Presidential ‘Prescription’ for Hospital Cybersecurity The new National Cybersecurity Strategy has implications for healthcare and is intended to bolster safeguards. Acting now is imperative. Read Article
- Redefining Data Protection in the UK Less than three months following the European Commission’s Adequacy Decision concerning the protection of personal data by the UK under the EU General Data Protection Regulation (“GDPR”), the UK launched a proposal for significant reform of the national data protection regime. Read Blog Post
- Reality Check: Data Security and Privacy in 2023 2023 could be a reality check for US companies on data security and privacy practices: Regulators and policymakers are set to make changes with consequence. Read Article
- FTI Consulting Investigates Unintentional Data Disclosure for a Large U.S. Municipality After a large US municipality unintentionally disclosed personal data of more than 190,000 people, FTI Consulting conducted an independent investigation. Read Case Study
- Ransomware Incident Response for Agricultural Multinational Corporation The client suffered a ransomware attack on the network infrastructure. FTI Cybersecurity was hired to provide incident response services. Read Case Study
- Building Effective Cybersecurity Governance Digitalisation has changed the way companies operate and given rise to an evolving set of risks that companies must prepare for – cybersecurity risks. Read Report
- The Dominos Theory of Cybersecurity What FTI Cybersecurity expert Greg Berkin knows about setting up (and knocking down) dominos might just keep your organization from being hacked. Read Article
- How Tech Firms Can Get a Head Start on the New National Cybersecurity Strategy As cybersecurity matures, the White House wants to lean heavily on the private sector to help manage risk to our critical infrastructure. Read Article
- Investigation of Application Controls for a Global Financial Institution The client had experienced a massive financial loss due to a controls/compliance failure in one of their applications, although the root cause of the failure was not initially known. Read Case Study
- Breach Recovery & Dark Web Research for a Global Online Fashion Retailer We were hired to identify whether any customer data from the breach was posted on the dark web. Read Case Study
- Data Breach Investigation for a Leading U.S. Health System A leading U.S. health system suffered a large-scale data breach, and FTI Cybersecurity provided data breach response and investigative services. Read Case Study
- Incident Response for Regional Oil and Gas Company The client experienced a cybersecurity incident that involved a threat actor gaining access to their internal networks. FTI Cybersecurity was hired to ensure the incident had been properly controlled. Read Case Study
- FTI Technology Serves as Independent Privacy and Data Protection Assessor to Support Global Technology Company’s Obligations Under FTC Consent Order Privacy experts from the Information Governance, Privacy & Security practice within FTI Consulting’s Technology segment were engaged to conduct a biennial privacy and data protection assessment for a large, global technology company. Read Case Study
ESG
- The GC and ESG: From Great Risk Comes Great Opportunity General counsels increasingly lead the charge for meeting company ESG standards. Here’s how they can identify opportunities for creating shareholder value. Read FTI Journal
- Examining ESG Risk Part 3: Taking Action Through Data and Technology In this series on the role of data in Environmental Social and Governance and its intersection with compliance, Al Park, Senior Managing Director and Risk & Compliance practice leader for FTI Technology, has engaged in discussion with domain experts across FTI Consulting. Read Blog Post
- Shareholder activism on ESG matters: the 2023 proxy season experience Recent events surrounding Silicon Valley Bank is creating opportunities for banking M&A. Here are seven communications tips for M&A during a banking crisis. Read Article
- New ISSB Standards and What They Mean for Australian Companies? What are the new International Sustainability Standards Board sustainability standards, IFRS S1 and IFRS S2, and what do they mean for Australian Companies? Read Article
- Examining ESG Risk Part 2: Technology as the Link Between ESG and Business Strategy When COVID-19 put a pause on travel, Hertz filed for bankruptcy. In its moment of truth, Hertz enlisted FTI Consulting to support its restructuring. Read Blog Post
- Is Executive Compensation the Answer to ESG Accountability? Company boards are more closely linking incentive plans with the achievement of ESG goals. Positive outcomes could lead to a competitive advantage. Read Article
- Internal Control Over Sustainability Reporting (ICSR) Update COSO released guidance for using the 2013 Internal Control-Integrated Framework to achieve effective internal control of sustainability reporting. Read Article
- The CSRD Will Have Far-Reaching Sustainability Reporting Requirements for Companies in Europe & Beyond The European Union (“EU”) has recently issued the Corporate Sustainability Reporting Directive (CSRD)[1] to standardize and enhance corporate sustainability reporting. Read Article
Investigations
- 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. Read Blog Post
- FTI Consulting Insights Help Wells Fargo Reform and Recover Wells Fargo’s Board of Directors engaged FTI Consulting and global law firm Shearman & Sterling to conduct an independent investigation into customer fraud. Read Case Study
- Helping a Civil Rights Organization Utilize Data for More Effective Pro Bono Outreach The Lawyers’ Committee for Civil Rights of the San Francisco Bay Area worked with FTI Consulting to analyze their data to pair asylum seekers with lawyers. Read Case Study
- FTI Technology’s Find Facts Fast Solution Provides Rapid Insights for a Misconduct and Foreign Corruption Investigation A transportation company was conducting an internal investigation regarding allegations of improper conduct by specific employees. Read Case Study
- FTI Technology Delivers Proactive Compliance Monitoring, Supports Internal Investigations at Global Life Sciences Corporation After uncovering compliance violations within its operations in the Asia Pacific region, a global life sciences corporation decided to take a more targeted, proactive approach to finding problem areas and self-reporting them ahead of a regulatory inquiry. Read Case Study
Labor & Employment
- Wanted: A Data-Based Method for Retaining Talent As large-scale layoffs loom, companies are anxious to retain the best people and ensure they’re engaged and productive. Data-driven strategies can help. Read Article
- Compass Lexecon Experts Assist Airlines in Historic $25 Billion Payroll Support Agreement with U.S. Treasury Department On April 14, 2020, the U.S. Treasury Department announced that it had reached agreements with ten U.S. passenger carriers for their portion of the $25 billion in payroll support allocated to U.S. passenger airlines as part of the Coronavirus Aid, Relief, and Economic Security Act (“CARES”) Act. Read Case Study
Litigation
- What We Know Already – Fact is King In the construction industry, keeping accurate records is essential for resolving disputes. Its vital to have a reliable source of information to refer back to. Read Article
- Untangling the Knots: Navigating Disputes Arising From Complex Financial Instruments Expertise in financial instruments, markets, risk management, valuation, and regulations are vital for resolving disputes around complex financial instruments. Read Article
- Managed Review and Predictive Coding in High-Stakes Disclosures Leveraging FTI Technology’s combined expertise in advanced analytics, predicting coding and managed review for a complex case for a pharmaceutical client. Read Case Study
- Compass Lexecon Client Cerberus Awarded $856 Million in Damages Cerberus Capital Management, (“Cerberus”) a prominent private equity firm, filed a breach of contract action against the Canadian Imperial Bank of Commerce (“CIBC”) based on two complex structured finance transactions. Read Case Study
- Compass Lexecon Clients Elon Musk and Tesla Board of Directors Prevail in Multi-Billion Dollar Securities Fraud Trial On August 7, 2018, Elon Musk tweeted “Am considering taking Tesla private at $420. Funding secured.” In another tweet later that day, he wrote “Investor support is confirmed. Read Case Study
- 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. Read Blog Post
- Compass Lexecon’s Pro Bono Client, the Estate of George P. Floyd, Reaches Wrongful Death Settlement FTI Consulting’s Compass Lexecon assisted with a federal civil rights lawsuit filed by the Estate of George P. Floyd on a pro bono basis. Read Case Study
Mergers & Acquisitions
Done Deal – Insights from our M&A and Activism team – June 2023
This month our Done Deal newsletter recaps the 2023 proxy season – looking at trends in shareholder activism, shareholder proposals, and compensation.
Regulation & Compliance
A Discussion of Mastering Risk and Compliance for Legal Departments
FTI Technology Senior Managing Directors David Meadows and Al Park recently joined the Canadian Legal Innovation Forum (CANLIF) for its “Fall Webinar Series” to discuss mastering risk for legal operations in an evolving risk landscape.
Restructuring
- The Low Hanging Fruit Is Falling, So Bring a Basket Restructurings will remain elevated through the end of the year, likely longer. But will the tidal wave of restructuring activity ever come? Debatable. Read Article
- Hertz Gets Its Wheels Back in Motion When COVID-19 put a pause on travel, Hertz filed for bankruptcy. In its moment of truth, Hertz enlisted FTI Consulting to support its restructuring. Read Case Study
- Steinhoff International – How to Save a Global Company When faced with a fraud accusation and mounting issues, Steinhoff’s creditors looked to FTI Consulting for an accelerated turnaround plan to recover value. Read Case Study
- Academic Medical Organization Maturity Model and Mission Optimization Operating maturity model and mission performance optimization activities that can improve an Academic Medical Organization’s ("AMOs") success. Read Article
- Bankruptcies Will Continue to Pile Up No Matter Where Fed Policy Goes from Here The sudden failure of three regional banks has pushed all other businesses off the front pages and financial markets anxiously asking where the fallout stops. Read Article
- FTI Technology Reduces Reviewable Contract Population In an ongoing restructuring engagement for a global client of FTI Consulting’s Corporate Finance segment, FTI Technology’s Corporate Legal Operations practice was tapped to assist with scoping of tens of thousands of contracts during the restructuring. Read Case Study
FTI Consulting In The News
News
November 21, 2023
Bloomberg Law: Jared Dunkin Shares Career Advice for Tax Professionals
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December 18, 2023
Jordan Rae Kelly Explains the Challenge of Identifying Hackers
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December 11, 2023
ITPro: Adam Harrison Details How Businesses Can Fight Ransomware
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December 07, 2023
CIO: Todd Renner Explores Cybersecurity and Business Continuity
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November 24, 2023
ABC Chicago: Matt Garfield Examines Holiday Retail Trends
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November 22, 2023
CBS News: Brian Boetig Discusses Cybersecurity Safety Tips During the Holidays
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November 15, 2023
Boston 25 News: Mike Driscoll Shares Cybersecurity Warning for Holiday Shoppers
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November 14, 2023
Axios: Enrique Glotzer Weighs-in on Battery-Operated Locomotives
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November 09, 2023
American Banker: Claudio Calvino Discusses Imbalances in the AI Industry
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November 08, 2023
Commercial Property Executive: Glenn Brill Examines Big Tech Real Estate Trends
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November 06, 2023
The Royal Gazette: Simon Grout and Marc Loh Comment on Regulatory Changes for Life Insurers and Reinsurers in Bermuda
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August 16, 2023