UK Bribery Act and E-discovery in Investigations
The Realities of the UK Bribery Act
Following the introduction of The UK Bribery Act in 2011, FTI Consulting commissioned a survey in July 2012 of senior and middle management. They were questioned about their current attitudes, compliance steps undertaken or contemplated by their company and their views on the prosecution landscape.
Compliance with global anti-bribery laws continues to be an issue for companies against a backdrop of shrinking budgets, tougher enforcement and an ever more competitive business environment. As companies look to expand into more challenging emerging markets they also see risks increasing.
E-discovery Strategies for International Anti-Bribery Investigations
Following surveys from past years that have explored various themes pertaining to e-discovery programs, FTI Consulting commissioned a 2012 survey on e-discovery issues in international investigations, with an emphasis on those conducted under anti-bribery statutes, including the US Foreign Corrupt Practices Act.
One of the most significant challenges that has to be dealt with in international investigations are the issues that surround the data privacy regimes that exist in the countries where the investigations take place, and the impact that these can have on the collection, review and production of electronic documents. These challenges, often alien to counsel and investigators from outside the jurisdiction, typically have a significant impact on the ways in which the investigation must be carried out.
This paper distils the views of 114 professionals who are engaged in international bribery and corruption investigations and provides practical information an insights into future trends.