E-discovery Consulting

E-DISCOVERYCONSULTINGEFFICIENT. PRACTICAL. SMART.

FTI Technology helps clients meettheir dynamic legal and regulatorychallenges with innovative e-discoverysolutions.From maximising the use of in-house tools, to managing the entireprocess as an outsourced managed service, FTI Consulting offers abroad range of flexible solutions that focus not only on the technicaltools, but also on the policies and procedures that support theentire process.2FTI Consulting, Inc.E-DISCOVERY CONSULTING

E-Discovery ConsultingEfficient. Practical. Smart.We differentiateour e-discoveryconsulting servicesthrough:DATA REDUCTIONLess data in the e-discovery process can result in dramatically lower costs. Wehelp organisations proactively remediate redundant, old and trivial information,collect only what is necessary, cull data through early case assessments, andutilise Technology Assisted Review and analytics for smarter and more efficientreviews. Through every step of the process, data reduction is defensibly achieved.PROCESS WORKFLOWOur team can help clients more effectively manage data from inception throughthe production. No matter the type or size of the matter, we can leverageproven, out-of-the-box workflows or design custom processes to quickly andcost-effectively deliver results. We work within program parameters to developstandardised processes and templates, implement best practices, and documentfinal workflows that integrate seamlessly with the client’s business model.BEST-OF-BREED TECHNOLOGYThere isn’t a ‘one-size-fits-all’ solution for e-discovery. A number of variablesmake each organisation unique – including industry, litigation profile, internalresources, company culture, geographic footprint, and technology infrastructure.We understand these requirements and deliver solution-oriented products andservices to meet client needs. This includes providing best-of-breed technologyand where possible, leveraging the client’s existing IT investments.GLOBAL EXPERTISE, LOCAL INSIGHTSFTI brings in global expertise and deep knowledge of the local environment to providecutting-edge and curated solutions. Our multilingual teams work quickly and inaccordance with data privacy laws to assist clients in their endeavours, capitalisingon our in-house state-of-the-art forensic lab and secure hosting capabilities. Withindustry-leading tools, experienced team, extensive industry experience and aglobal presence, FTI offers a comprehensive approach to e-discovery.E-DISCOVERY CONSULTINGFTI Consulting, Inc.3

E-Discovery Consulting& Service OfferingsCompanies rely onus for a full range ofe-discovery consultingand services, including:IDENTIFICATION AND PRESERVATIONOur team has expertise in definingpotentially relevant data sources andworking with IT to defensibly preservethose sources. In addition, we can analyseautomatic deletions within the system,help advise on preservation policiesand also implement and train teams onpreservation tools, such as those withinMicrosoft Office 365.DATA COLLECTION &FORENSIC INVESTIGATIONSWith speed, efficiency and discretion, ourteam can provide a strategic, systematic,and economic approach to investigatingand collecting a myriad of data sourcesincluding network, mobile device andcloud-based social media data.4FTI Consulting, Inc.E-DISCOVERY CONSULTINGE-DISCOVERY SOFTWARECONSULTINGFrom point solutions (i.e. legal hold, ECA,legal review), to end-to-end applications,we help organisations find, implementand optimise the best technology for theirneeds. This can include a wide variety ofservices, including hosting, on-demandservices and training.MOBILE DATA CENTREFor companies that need their data orother electronically stored information toremain at their premises, FTI Consultingcan quickly deploy our e-discovery mobiledata centre behind the client’s firewallwhile maintaining the client’s data privacyand security protocols.

DATA MANAGEMENTFIND FACTS FASTDATA PRESENTATIONEnsure that sensitive data is properlymanaged and remains secure, fromcataloguing backup tapes to collectingand remediating produced data after amatter end.Our team of dedicated researchers,combined with advanced analyticstechnology, can quickly unearth keyfacts and data sets to enable timely andstrategic decisions in investigationsor litigation.FTI Consulting professionals applytheir courtroom hot seat experience tounderstand and present your data in amanner that is actionable, whether forarbitration hearings, board presentationsor other related needs.E-DISCOVERY MANAGED SERVICESMANAGED REVIEW, INCLUDINGFOREIGN LANGUAGEFrom software hosting to workflowdesign, project management and staffing,FTI Consulting can manage the wholee-discovery process with a flat andtransparent monthly pricing model.FTI Consulting drives quality and efficiencyat every step of the legal review process,providing a unique combination ofadvanced software, expert attorney reviewteams and innovative workflows executedin collaboration with outside counsel.E-DISCOVERY CONSULTINGFTI Consulting, Inc.5

CASE STUDYCASE STUDYHealthcare Merger Aided in SecondRequest and Litigation by FTI Consulting’sE-Discovery Consulting & ServicesEntertainment Service RealisesSubstantial Savings with CustomE-Discovery ProcessChallenge: Two healthcarecompanies planned amerger and faced an antitrust ‘Second Request’investigation and anticipatedthat the government wouldissue anti-trust litigationagainst them. The companieshad just 60 days to respondto the Department of Justice(DOJ) Second Requestand needed to ensure thathighly sensitive patient dataremained secure and incompliance with the HealthInsurance Portability andAccountability Act (HIPAA).Challenge: A dispute overlicensing fees forced a digitalentertainment service intolitigation for the second timein as many years. Attorneysfor the opposing litigantsrefused to renegotiate thepreviously agreed-upon –and overly broad – keywordsthat could be used indocument searches for caserelevant material. Adding tothe pressure was a narrowthree-week time window tofinish the job, as well as ademand by the opposition toreceive no more than 30,000responsive documents.Solution: Because of FTIConsulting’s deep expertisein Second Requests, includinghandling the e-discoverycomponent in dozens ofSecond Requests over thepast several years, bothhealthcare companiesselected FTI Consulting astheir e-discovery partner. FTI’sservices included collectingover 14 million documentsand reducing the dataset by6FTI Consulting, Inc.nearly half through culling,conducting a managedreview with sophisticatedworkflows to keep datasecure and in compliancewith HIPAA, homing in onimportant documents quicklyusing advanced analytics,supporting post-productiondepositions and substantivestrategy development, andproviding expert witnesstestimony to the quality anddefensibility of the entiree-discovery process.Result: Despite severalchallenges, includingchanging priorities, rollingcollections, and shiftingdeposition timing, the datawas safely produced to theDOJ in line with the timingagreements made. FTI’steam, through its expertiseand analytics, helped inhouse counsel and the lawfirm achieve substantivecompliance as requested, ontime, and within budget.E-DISCOVERY CONSULTINGSolution: Facing the dauntingtask of evaluating 1.7 milliondocuments, the companyturned to FTI Consulting toemploy its analytics-basede-discovery services. In orderto avoid giving the plaintiff inthe case cause to challengethe validity of the discloseddocuments, it was crucialfor FTI to develop a strategyand customised workflowthat suited its client’s uniqueneeds. Due to the broadkeywords, FTI Consulting’sexpert e-discovery teamutilised an iterative approach,combining use of predictivecoding and analytics, toquickly identify and reviewlikely responsive documents.Result: The iterativeapproach reduced the dataset for review from 1.7 milliondocuments to 59,000, ofwhich 25,000 were produced.Opposing counsel did notissue discovery challenges,and the client realisedsubstantial e-discoverysavings. The efficienciesgenerated by FTI’s servicesrepresented a savings of 2.5 million over a traditionallinear review of the samedocumentation. Moreover, theiterative workflow combiningpredictive coding andanalytics generated a savingsof 600,000, compared toa scenario where only thepredictive coding tool wasused.

CASE STUDYCASE STUDYOFAC InvestigationInvestigation of Asset MisappropriationChallenge: The Office ofForeign Assets Control(OFAC) within the U.S.Treasury required acompany to reviewseveral years of historicaltransactions to investigateif any business wasconducted with sanctionedindividuals and companies.Solution: Our team oftechnology and financialdata experts assistedthe client with theidentification, collation,review and categorisation ofquestionable transactions,in line with OFAC’srequirements. At the peakof the investigation thedocument review teamcomprised 600 reviewersin multiple jurisdictions,analysing more than onemillion documents. Inaddition, more than 100million archived SWIFTmessaging transactions wereextracted, reconstructedand processed, enabling acomprehensive transactionalreview.Result: Our expertise andpowerful review and analysistools gave our client anadaptable yet efficient way tomeet OFAC’s requirements.The client responded to theregulator within the imposedtimeframe and deliveredthe results of its detailedtransactions review.Challenge: A Europeanlisted entity had concernswith regards to cashmisappropriation fromseveral offices based withinthe Middle East but had noevidence to support theconcerns or a strategy toprevent further leakage andeventual recovery.Solution: An expert teamof forensic accountantsand technologists quicklydeployed onsite to conduct adiscrete forensic collection ofthe electronic evidence andinterviews with key subjects.The data was uploaded to aleading legal review platformfor timely analysis andevidence collation. The teamalso utilised our businessintelligence colleagues toidentify common ownershipinterests between suspectsand beneficiaries ofpayments.Result: The findings of theinvestigation were presentedin a report to both the clientand their legal counsel tosupport legal proceedingsand asset recovery.E-DISCOVERY CONSULTINGFTI Consulting, Inc.7

Amit JajuSenior Managing DirectorMobile: 91.98200.73695Landline: 91.22.50365016amit.jaju@fticonsulting.comAbout FTI ConsultingFTI Consulting is an independent global business advisory firm dedicated to helping organizations manage change, mitigate riskand resolve disputes: financial, legal, operational, political & regulatory, reputational and transactional. FTI Consulting professionals,located in all major business centers throughout the world, work closely with clients to anticipate, illuminate and overcome complexbusiness challenges and opportunities. For more information, visit www.fticonsulting.com and connect with us on Twitter (@FTIConsulting), Facebook and LinkedIn.www.fticonsulting.com 2018 FTI Consulting, Inc. All rights reserved.10 15 18

E-DISCOVERY CONSULTING FTI Consulting, Inc. 3 E-Discovery Consulting Efficient. Practical. Smart. We differentiate our e-discovery consulting services through: DATA REDUCTION Less data in the e-discovery process can result in dramatically lower costs.