General Counsel Insights
As vital and legal business advisors, today’s general counsel are leading the charge in navigating an increasingly complex macroeconomic, regulatory and geopolitical environment. From the globalisation of business to an evolving and hard-to-predict risk landscape and rapid technological advancements, general counsel are facing never-before-seen crises – but also find themselves at a pivotal moment for opportunity and transformation.
Learn MoreIn the Spotlight
- Navigating Left, Right and Centre Policy and Regulatory Shifts General counsel are now the go-to-person when navigating crises and global shifts. A geopolitical war room helps businesses scenario plan. Read Article
- When Digital Assets Regulations Intersect With Privacy and Security Requirements As a developing space undergoing rapid and ongoing change, organizations must prioritize regulatory compliance and sound governance. Read Article
- Turbulent Waters, Trusted Anchors: The General Counsel’s Evolving Role in Navigating Crises As the general counsel role evolves into crisis leadership, what measures can organizations take to prepare for more severe events in today’s environment? Read Report
Tariffs – Managing Risk in a Volatile Trade Landscape
- The Long Game on Tariffs Tariffs are just one disruption among many. Companies must future-proof supply chains, innovate, diversify production, and adapt to broader global challenges. Read Article
- More Tariffs To Come – Four Initial Considerations From Mexico There is more to come with the tariff standoff and trade war between the US and Mexico. Here are four initial considerations from Mexico. Read Article
- Wait and See Is Not a Viable Option: How General Counsel Can Take Action in Uncertain Times Long held assumptions about global trade must be reconsidered — assessing and managing the immediate impact of tariffs on individual businesses is vital. Read Article
- Navigating Tariffs: 10 Strategies to Protect the Bottom Line Companies faced with new tariff exposure can protect the bottom line through a variety of mitigation strategies that lower duties, taxes, and fees. Read Article
- Transformation Realized: Making the Case for Post-Brexit Tariff Removal With the European Commission (“EC”) imposing a 65% combined tariff on solar technology made in China, by 2018 the development of the solar technology industry. Read Case Study
- Revenue Restored: A Successful Export Reclassification for a U.S. Laser Manufacturer A U.S. based pioneer in high-performance fiber lasers reclassified its export classification for key products with the Defense Technology Security Administration. Read Case Study
Regulations – Adapting to Regulatory Overhaul
- AI Compliance in an Uncertain Regulatory Landscape: What General Counsel Need to Know As businesses harness AI’s transformational power, general counsel must navigate a labyrinth of new, divergent and often diametrically opposed regulations. Read Article
- Navigating Global AI Regulation and Innovation A pragmatic framework for AI governance is critical to integrate AI into a broader approach to risk management in the midst of regulatory uncertainty. Read Article
- Majority of General Counsel Indicate Openness to Using AI in Nearly Every Major Legal Use Case, According to The General Counsel Report More than two-thirds of general counsel have expressed interest in using generative artificial intelligence within the legal department. Read Press Release
- Doubling Down on Anti-Corruption in the Face of Regulatory Uncertainty Recent action by President Trump on the Foreign Corrupt Practices Act of 1977 (FCPA) creates platform for executives to discuss their company’s compliance. Read Article
- Regulation Navigated: A First-Of-Its-Kind Challenge Under the Digital Markets Act With the Digital Markets Act (“DMA”) coming into force, intended to promote fair competition and foster innovation in the digital economy, a new standard. Read Case Study
- Sanctions List Management: Common Pitfalls & Strategies Since 2022, sanctions list additions surged, highlighting the need for strong List Management programs to mitigate risks and ensure compliance. Read Article
- Building a Strong Data Protection Strategy in Asia: Overcoming Compliance Challenges How data and analytics can help financial institutions build a comprehensive and proactive data protection compliance strategy by enhancing risk management. Read Article
- Evidence Tampering, Deepfakes, Image Manipulation and the Impact on Digital Forensic Authentication As deepfakes escalate, digital forensics teams must adapt to detect media manipulation, validate electronic evidence and ensure authenticity. Read Article
Crisis – What To Do When the Stakes are High
- The Role of Law Firms in Crisis Management Read Lars Faeste’s insight into the FTI-sponsored global Economist Impact survey on progress in the crisis management & prevention sector. Read Article
- Beyond Crisis Management: General Counsel Takeaways in a Changing World FTI’s Lars Faeste provides key crisis management takeaways for General Counsel & how they can approach helping companies navigate geopolitical & economic risks. Read Article
- Battling the Waves: How a Crisis Communication Playbook Keeps Your Organization Afloat With reputational risks high on the board agenda, how can a crisis communications playbook help in preparing for the unexpected and protect your business? Read Article
- Beyond the Horizon: Using AI To Understand Risk and Enhance Your Crises Response Artificial intelligence tends to be spoken about in terms of risk creation, but when used responsibly it can provide significant benefits to risk mitigation. Read Article
- 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
- Geopolitical Risk Management: No Longer Just a “Nice to Have”, But a Corporate Imperative Geopolitics is part of today’s business environment. Organisations that treat it as a strategic priority, will be best positioned to weather future crises. Read Article
AI – Navigating Liability and Opportunity
- AI Accountability: 14 Questions the General Counsel Should Ask General Counsel see standards and frameworks for AI governance will mature as implementations evolve, but accountability for AI governance remains ambiguous. Read Whitepaper
- The Criticality of AI Impact Assessments to Cybersecurity Leading companies are investing in artificial intelligence (“AI”) and machine learning (“ML”) to address and mitigate potential bribery and corrupt conduct. Read Article
- 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
- Majority of General Counsel Indicate Openness to Using AI in Nearly Every Major Legal Use Case, According to The General Counsel Report More than two-thirds of general counsel have expressed interest in using generative artificial intelligence within the legal department. Read Press Release
Antitrust – A New Enforcement Era
- Updated DOJ Guidance Highlights the Importance of AI & Data Analytics The DOJ updated its Antitrust Division guidelines, emphasising AI risks and enforcement trends. Companies should update policies to mitigate regulatory risks. Read Article
- Antitrust Rewired: The Growing Need for Vigilance in Private Equity Private equity faces increased antitrust scrutiny with new FTC and DOJ regulations impacting deal structures, healthcare, real estate, and acquisitions. Read Article
- Microsoft and Activision Blizzard Prevail in Landmark Merger Case See how FTI Consulting’s Compass Lexecon leveraged expert testimony to help Microsoft and Activision achieve history’s largest tech merger. Read Success Story
- Compliance Guidance for Third-Party Data During Antitrust Safe Harbor Repeals Following the DOJ's repeal of antitrust safe harbors for data sharing, companies must reassess compliance to avoid potential risks. Read Article
- Antitrust in 2025: Data Trends and the Impact of Regulatory Shifts Global antitrust shifts demand firms manage digital risk, data use, and regulatory change to stay deal-ready amid rising enforcement scrutiny. Read Article
- Hitachi Metals Wins Appeal in Landmark Antitrust Ruling by China’s Supreme People’s Court See how FTI Consulting’s Compass Lexecon provided litigation support and expert testimony that helped Hitachi Metals win landmark appeal. Read Success Story
Blockchain & Digital Assets – The Cutting-Edge of Finance
- When Digital Assets Regulations Intersect With Privacy and Security Requirements As a developing space undergoing rapid and ongoing change, organizations must prioritize regulatory compliance and sound governance. Read Article
- Driving Maximum Value Recovery in the FTX Bankruptcy FTI Consulting’s experts advised FTX on the optimal strategy to monetize the vast cryptocurrency holdings to ensure maximum recovery for all creditors. Read Success Story
- Business Transformed: Charting a Crypto Evolution From Consent Order to Supercharged Performance FTI Consulting helped a financial services client enhance their BSA/AML program, evolving the bank from a startup to a crypto-native institution. Read Case Study
Cybersecurity & Data Privacy – A Data-Driven World
- Effective Cyber Incident Response & Recovery In this video, Eva Kwok outlines the key first steps organizations should take upon discovering a cybersecurity incident to manage and mitigate risks. Watch Video
- Responding to Business Email Compromise Mike Driscoll shares steps to mitigate Business Email Compromise (BEC). We help prevent, investigate & respond with expert guidance and recovery support. Watch Video
- Cybersecurity: A Responsibility for the Executive Leadership The growing increase in cyberattacks has triggered the implementation of new regulations like DORA or NIS2. Cyber attacks are increasingly frequent topic. Read Article
- Rising from the Ashes Following a cybersecurity incident, organizations can leverage response efforts to improve their security posture and mitigate the risk of future incidents. Read Article
- A New Era of Legal Advisor 2024 In-House Counsel: Perspectives from Asia The 2024 In-House Counsel report discusses the evolving role of the General Counsel in Asia and identifies key challenges, priorities and opportunities. Read Report
- Cyber Attacks and Media Flak Australia faces a major cyber attack on its super sector. Learn how to manage media, protect reputation and respond effectively in the wake of a breach. Read Article
ESG – Meeting the Mandate
- The Modern General Counsel: Managing in Times of Polarization With increasing social and political turbulence, general counsels play a crucial role in aligning an organization’s public policies with its core strategies. Read Article
- Navigating ESG Collaborations Under Heightened Antitrust Scrutiny An overview of U.S. antitrust law focusing on competition and consumer harm, highlighting risks in collaborations, especially in ESG initiatives. Read Article
- Greenwashing: The Emerging Liability Landscape Greenwashing risks are growing, with legal and reputational implications. Discover strategies to manage ESG claims and sustainability communications. Read Article
- Attract Capital, Not Controversy: How to Do ESG Right in the Current Landscape Strategic recommendations for companies to focus ESG programs on risk mitigation and value creation in a constantly evolving environment immersed in volatility. Read Article
- A New Era of Corporate Responsibility Nicola Cobb examines the implications of the European Union’s Corporate Sustainability Due Diligence Directive aimed at fostering responsible, sustainable. Read Article
- FAQ: ESG and DEI Risks and Solutions Some of FTI Consulting’s ESG and DEI experts answer frequently asked questions about the risks that could make your company a target of an investigation. Read Article
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.
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