The Experts Weigh in: E-discovery Strategies for International Anti-Bribery Investigations
FTI Consulting - Technology
28 September 2012
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 the Foreign Corrupt Practices Act and other anti-bribery statutes. The Foreign Corrupt Practices Act, also known as the FCPA, is one of several laws that covers extraterritorial activity by companies outside of the United States. The law has become the subject of increasing attention in recent years as U.S. government agencies have been broadening enforcement against companies that engage in acts of bribery abroad.
We’re going to see continued vigorous enforcement.
Global companies have sought to end corrupt practices as well. They are enlisting the help of experts both to develop compliance mechanisms aimed at detecting and deterring bribery in their worldwide operations, as well as to coordinate cross-border investigations where potential problems arise.
This report, which is based on the survey responses, allows leading experts in the field to share their thoughts on best practices when conducting electronic discovery during a multi-national investigation. As these investigations become increasingly commonplace, companies, law firms, and e-discovery service providers are working together to navigate the technological, legal, and cultural barriers of conducting an effective cross-border investigation. This report introduces some of the e-discovery strategies for investigations and covers a wide-range of topics, from corruption trends in Latin America to data privacy laws in Europe.
Given the increasing aggressiveness of international anti-bribery enforcement, the report puts an emphasis on the demands of anti-corruption investigations. However, the principles described below are applicable to all manner of cross-border investigations or litigation.