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Technology Assisted Review for Corporate Legal: Applying Analytics in Everyday E-discovery

In a world where technology, AI and automation have penetrated nearly every facet of day-today life, it’s easy to take technological advancement for granted. Easy to assume that it has been embraced as intuitive, across all industries and business processes, to optimize efficiency and replace cumbersome manual work. In the legal field though, reality has not quite caught up to expectation.

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Technology Assisted Review for Corporate Legal: Applying Analytics in Everyday E-discovery

In a world where technology, AI and automation have penetrated nearly every facet of day-today life, it’s easy to take technological advancement for granted. Easy to assume that it has been embraced as intuitive, across all industries and business processes, to optimize efficiency and replace cumbersome manual work. In the legal field though, reality has not quite caught up to expectation.

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Driving Transformation in the Insurance Sector Through Trusted Data and Technology

September 20, 2021—In an expert forum with Risk & Compliance magazine, FTI Consulting’s Peter Kelly and Nicole Austin discuss driving transformation in the insurance sector through trusted data and technology with Bill Conners (ForMotiv) and Ryan McMahon (Cambridge Mobile Telematics).

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Take it away! Net-zero targets and the role of carbon removal

March 4, 2021—With a net-zero carbon neutrality target introduced for mid-century, the role of technologies that can capture, remove, and store carbon is now a mainstream debate – and has been confirmed as a valid mechanism for reaching the goal.

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Ransomware on the Rise: Preventing and Responding to a Cybersecurity Crisis

The threat of ransomware is becoming increasingly worrisome for Latin American corporations and governments. Organizations in Brazil are at an especially high risk, as the country represents the highest share (nearly 50%) of Latin American targets attacked using ransomware. 

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Future-Proofing Corporate Data Privacy: Budgeting and Solutions to Address Tomorrow’s Compliance Challenges

FTI Consulting surveyed over 500 corporate data privacy leaders to understand the solutions, strategies and budgets companies have planned to address data privacy challenges in the coming year.

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GCR Survey Report: Investigations, Data and Compliance

The pandemic and its ripple effects have impacted us all in many ways, including how we work. Suddenly, millions of workers worldwide made the shift to remote work - adopting new schedules, communication systems, and business practices. Antitrust practitioners were no different.

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Corporate Investigations X-Factors

Emerging data types, distributed evidence, co-mingling of personal and corporate information, and regulatory uncertainty are complicating investigations workflows. In this uncertain environment, maintaining rigor and defensibility across investigations practices will require a refresh of traditional methodologies.

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Valuation and Damage Quantification: Do the Same Principles Apply in the COVID-19 Era?

August 24, 2021—The pandemic has had a significant impact on the global economy and financial markets, with increased volatility and business disruption worldwide. It has affected businesses in many different ways, some favourably, but the majority adversely. As a result, dispute activity is anticipated to increase from this heightened market volatility and the large impact it had on countless industries and geographical regions.

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Developing Robust Relevant Alternative Analysis

September 13, 2021—The recent Hurricane Energy Restructuring Plan judgment emphasises the importance of the Relevant Alternative analysis for Restructuring Plans. The cross-class cram down function of Restructuring Plans, together with the possibility to apply to exclude a class from voting where the court is satisfied that none of the members of the class has a genuine economic interest means that robust Relevant Alternative analysis is fundamental to a successful plan.

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EU Export Controls on Dual-Use Goods: The Latest Update

September 10, 2021—Nearly five years after the European Commission proposed to overhaul Council Regulation (EC) No 428/2009, an updated version was published in June 2021.1 EU Regulation 2021/821, referred to here as “the Recast”, is effective from 9 September 2021 – but what does it mean for industry?

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Part Three - Bold Moves Needed by Airports and Airlines

September 7, 2021 - In the context of these challenges, in Part Three we outline the tangible steps that can be taken by operators within the industry to weather the upcoming storm.

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The Mainstreaming of ESG Investing in the Decisive Decade for Climate: An FTI Consulting Report September 2021

September 1, 2021—Global institutional investors are doubling down on ESG as policymakers and regulators strengthen disclosure requirements according to new research from FTI Consulting.

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Part Two - Flight Through the Danger Zone

August 24, 2021—In this part two of three thought pieces, “Flight through the Danger Zone”, we further demonstrate the key dynamics at play within the industry, and why the next 24 months will be so critical.

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Looking to the Horizon – The Pitfalls on the Path to Net Zero

August 9, 2021—A ‘perfect storm’ is developing, bringing a wave of climate change-related disputes, super-charged by the £2Bn of cash held by the UK’s litigation funders.

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Successfully Flying Through the Danger Zone

August 9, 2021—Our latest FTI Consulting analysis shows that although the European aviation industry has so far avoided bankruptcies and consolidation due to government support and availability of new capital, they may now be at a crucial tipping point, particularly when faced with an uncertain recovery. 

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Sustainability in Insurance

August 6, 2021—In a roundtable with Risk & Compliance magazine, Graham Handy and Darko Popovic discuss the growing importance of sustainability for the insurance sector.

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Energy Transition: Acceleration of Generation Capacity in South Africa

August 6, 2021—As we move from 2020 into 2021, it has become clear that the Covid-19 pandemic and ongoing load-shedding continue to severely hinder the South African economy. In the meantime, energy transition is accelerating globally, spurring South Africa on to decarbonise its economy while supporting sustainable economic growth.

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Looking at Your Compliance Programme Through the Eyes of a Prosecutor

August 5, 2021—In a roundtable discussion with Risk & Compliance magazine, FTI Consulting’s Julian Glass and Katherine Gillespie and Freshfields’ Ali Kirby-Harris and Ben Morgan discuss how to build a robust compliance programme.

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Effective Whistleblower Programmes and Their Impact on Ethics, Culture and Conduct

August 5, 2021—In Risk & Compliance magazine’s expert forum, FTI Consulting’s Wayne Anthony and Piers Rake discuss the importance of whistleblower programmes and how to ensure whistleblower confidentiality while conducting an effective investigation with Novartis’ Robert Sikellis and Withers’ Meriel Schindler and James Hockin.

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Activism Vulnerability Report

September 8, 2021—With the rise of shareholder activism in recent years and its evolution into an asset class of its own, companies should prepare themselves for targeted shareholder activity by assessing their vulnerability to such actions.

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A Test of Resilience: COVID-19 and the Business of Europe’s Green Deal

May 1, 2020—The impact of the global Covid-19 pandemic is clearly enormous in health, social and economic terms. It has also had an immediate environmental impact which may play out over the longer term, with a number of political repercussions.

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3 Approaches to IP Valuation for Pandemic Recovery

May 29, 2020—The COVID-19 pandemic sent shockwaves around the globe, many of which still reverberate. Facing a public health crisis, many countries, including the U.S., enacted strict measures to slow the viral spread. While closures, shelter in place orders, and social distancing efforts may have lessened the infection count, an economic cost was extracted.

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Data-Driven Challenges in Merger Investigations

August 19, 2021—Many corporations are now grappling with the challenge of timely compliance to these information requests because of ever-increasing data volumes and the need to consider a variety of data sources, including new collaboration platforms such as Microsoft Teams, Slack, Google Workspace, etc. 

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Fit-for-55, en route to Fit-for-100

July 16, 2021—Under the pressure of climate change and the urgency to act, the European Union has recently adopted the European Climate Law which enshrines into binding legislation the objective of climate neutrality by 2050 as well as an intermediate target of a 55% cut in emissions by 2030 compared to 1990 levels.

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Is Your Business Ready for the Coming Decade of Data? - FTI Journal

July 15, 2021—Organizations that harness the wave of post-pandemic data will emerge stronger, according to the 2021 FTI Consulting Resilience Barometer.  The impact of the pandemic on world commerce and society has yet to play through. However, it is clear that the pandemic has transformed how we work, learn, consume and communicate.

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Assessing Damages for Breach of Contract

July 13, 2021—FTI Consulting’s Karthik Balisagar and Tim Battrick authored a chapter for the fourth edition of Global Arbitration Review's "The Guide to Damages in International Arbitration" on the assessment of damages for breach of contract.

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Economic Regulation of the Electricity Sector in Ivory Coast

July 8, 2021—On 1 January 2021, the 12-year agreement was signed last October between the Government of Ivory Coast and the country’s integrated electricity utility CIE (Compagnie Ivoirienne d’Electricité) became operational, establishing one of the first incentive-based regulatory regimes in Africa.

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Lessons for leaders communicating online during a crisis

July 8, 2021—More CEOs are actively engaging on social media than ever before: over 40% of CEOs across the FTSE 100, CAC 40 and DAX 30, a trend that has been accelerated during the past year as CEOs were forced to lead from home. This presents its own risks, but also opportunities when managing a crisis given the fact that CEO-shared content receives considerably higher engagement than content shared by company channels.

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Mitigating the Risk of Trade-Based Money Laundering - Africa Service Sheet

July 7, 2021—The use of international trade to move and disguise the proceeds of crime i.e. Trade Based Money Laundering (“TBML”) activity is growing in both volume and global reach and poses a significant threat to the security and prosperity of developing economies.

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The Decade of Disputes & the impact of litigation funding

July 22, 2021—As the “decade of disputes” continues, research by FTI Consulting has found that third-party litigation funding will support the rise of high-profile claims.

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Addressing Third-Party Cyber Risk: Moving Beyond a False Sense of Security

June, 2021—In today’s corporate environment, it is commonplace to outsource business operations functions to third-party suppliers for increased efficiency and to optimize internal resources. However, the added outsourcing benefits also carry significant cyber risk, as these connected entities can serve as an access point for cyber actors.

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The COVID-19 Factor: The Impact of COVID-19 on Damages Assessments

June 9, 2021—In the past year, we have seen certain disputes arise as a direct result of the COVID-19 pandemic. Other disputes, while not directly caused by the COVID-19 pandemic, are impacted by the rapidly changing economic circumstances which the pandemic has brought. In this sense, the impact of COVID-19 in international arbitration disputes is already observable and will continue to be so as new disputes crystallize.

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Deferred Prosecution Agreements: a Solution to Prosecuting Backlog?

June 3, 2021—FTI Consulting South Africa and Corruption Watch recently co-authored an article titled ‘Addressing Corruption in South Africa’ in which we argued, inter alia, that consideration should be given to allowing criminal offenders to self-disclose and subject themselves to an administrative penalty to avoid criminal prosecution through the mechanism of deferred prosecution agreements (“DPAs”).

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Mobile Money Is Driving Financial Inclusion, but Beware the Risks

June 3, 2021—Mobile money products and services have taken off in many parts of the world, to the extent that in some regions they have become more widely used than traditional banking. In the Middle East, fintech is growing by 30% annually and projected to generate $2 billion in investment capital funding by 2022.

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Damages Assessment in A Renewable Energy Breach of Contract Dispute: FSG vs Kingdom of Lesotho

June 2, 2021—The Kingdom of Lesotho (“Lesotho”) was found to have breached provisions of a supply agreement with a German renewables company, Frazer Solar GmbH (“FSG”), in an arbitration heard in South Africa. FTI Consulting’s quantum experts, Henry Pannell and Liberty Mncube, were appointed on behalf of the Claimant (FSG) to provide an independent assessment of FSG’s damages resulting from the breach.

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The Benefits Risks and Limitations of Lifestyle Audits

May 25, 2021—The ‘lifestyle audit’ is a buzzword on the South African anti-corruption agenda. In 2018, incumbent president Cyril Ramaphosa called for lifestyle audits on people in positions of responsibility. Some state employees, including members of the Western Cape cabinet and South Africa’s national power company Eskom, have already been subjected to lifestyle audits.

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Cybersecurity and Emerging Legal Standards: An Expanded Threat Landscape Puts Vital Assets at Risk

May 20, 2021—In this Practising Law Institute Chronicle article, Head of Cybersecurity for the Americas Jordan Rae Kelly and her co-authors discuss cybersecurity and emerging legal standards, and how an expanded threat landscape puts vital assets at risk.

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Sustainable Aviation: Are the US and EU an Ocean Apart?

May 19, 2021—Leaders in Washington D.C., Brussels, and national capitals across Europe, are seeking to tie the economic recovery of air travel in a post-COVID world to more sustainable air travel and a greener, more resilient growth strategy. In Europe, the European Green Deal, introduced by the European Commission, has set a new standard for environmental and decarbonization policy, and some policymakers in Washington D.C. are looking to that proposal as a framework for the U.S.’s own sustainability strategy.

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Sanctions: Am I Off the Hook?

May 13, 2021—Sanctions are not new. In 432 BC, at the pinnacle of the golden age of Greek democracy flourishing in the mighty Athenian Empire, its ‘first citizen,’ eloquent orator, brilliant general, yet unfortunately last leader Pericles decreed trade sanctions on the neighbouring Megara of the opposing Peloponnesian League, which was led by oligarchic Sparta.

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Strengthening Cyber Resilience in the Wake of the Pandemic in South Africa

April 17, 2021—Cybersecurity remains a significant concern for businesses in South Africa. Early on in the pandemic, cybersecurity experts reported dramatic increases in attacks on businesses in the region, with hundreds of thousands of devices and accounts being exploited each week. Unfortunately, though cyber risks have continued to increase, the pressures of the last year have prevented most businesses from taking the proactive steps needed to mitigate their risk.

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Combatting Insider Threat: Putting People First

April 1, 2021—Are you confident that insider threat is at the centre of your cybersecurity strategy? Learn how to the mitigate risk in this article for The Lawyer.

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Complex Investigations: Are You Prepared to Meet the Rising Bar?

March 25, 2021—In this episode of The Expert Briefing podcast, FTI Consulting’s Dave Harvey, Laura Kippin and Oliver Price are joined by Ben Denison, Director of Information Technology at RPC. The group highlights the current trends around complex investigations, the extensive data from an incident or breach, and the increase in litigation and concerns from third-party auditors. Looking to the future, the experts offer tangible advice for business leaders. As the bar continues to be raised, so will the costs of not meeting it.

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Déploiement des politiques ESG : le CAC 40 parmi les leaders en Europe

March, 2021—La pression croissante des investisseurs pour que les entreprises mènent des politiques ESG efficaces a conduit FTI Consulting à analyser leur déploiement au sein des grands indices européens. L’engagement ESG des entreprises est-il assorti d’un programme complet, d’objectifs tangibles et mesurables ainsi que d’un suivi efficace ? Quels sont les progrès accomplis en 2020 ? Où se situe la France en comparaison de ses voisins européens ?

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Interest on Damages and the Discontinuation of LIBOR

February 8, 2021—The interest element of an award of damages can be a significant part of the overall outcome of an arbitration. However, despite the amount at stake, interest can often receive relatively little discussion in the parties’ statements of case and in the Tribunal’s award.

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Asset Recovery in Fraud Cases

February 1, 2021—In an article for Financier Worldwide, FTI Consulting’s Andrew Durant and Phil Allister discuss how fraudsters are adapting their techniques to conceal assets and the most effective asset tracing investigation strategies.

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ESG & Energy Transition in the Mining Sector

January 27, 2021—With the election of a more climate-focused administration in the United States and the European Union (EU) honing in on the mining industry to reduce their carbon emissions, the South African government and mining industry must work together to effect the transition to a lower-carbon future.

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Pandemic Provides Catalyst for Business Transformation

November 26, 2021—Adam Bradley and John Maloney, Senior Managing Directors in our Business Transformation team, explore the key operational areas that businesses should be considering to ensure that they are ready to harness potential opportunities and able to survive and thrive going forward.

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Achieving Successful Restructurings in a Time of Crisis

November 26, 2020—In this article Simon Granger, Head of the Corporate Finance & Restructuring EMEA practice, shares his views on key current financial restructuring issues, the implications for businesses, and what boards can do to help drive a successful restructuring that will leave their business model better able to sustain itself in the long-term.

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Building Back Better? Real Estate in the wake of Covid-19 and the European Green Deal

November 3, 2020—With the sector grappling with the dramatic short-term consequences of the Covid-19 pandemic, EU policy-makers are now targeting massive investment in a ‘Renovation Wave’ as well as an ambitious legislative programme on buildings and construction, including on ESG and sustainability issues, that will immediately and directly impact the real estate industry. How prepared is it for the challenges and opportunities ahead?

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Evolutions de la perception de l’ESG par les investisseurs institutionnels pendant la crise de la COVID-19

October, 2021—La pandémie de COVID-19 a eu des répercussions considérables sur la santé publique, les comportements individuels et l’économie mondiale. Au cours de cette période, l’importance de l’ESG a été soulignée tant par les entreprises que par les pouvoirs publics, les investisseurs ou les médias.

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Damages Valuation in Climate Change Disputes

September 25, 2020—The 2015 Paris Agreement signed by 189 countries represents the most significant milestone achieved in the fight against Climate Change. Based on the Intergovernmental Panel on Climate Change (IPCC) report, commitments were taken to reduce carbon emissions to limit global warming to 1.5°C above the pre-industrial level.

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Doubling Down on Digital: EU Sets Course for Digital Finance and Payments

September 24, 2020—The European Commission has proposed a comprehensive new digital finance and retail payments strategy. This is a blueprint for the future of digital finance in the EU, and an unprecedented expansion of financial services regulation over technology. FTI Consulting Brussels explains how it could affect Europe’s global role in digital finance.

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