Jurisdiction - Hong Kong
Reports and Analysis
Asia Pacific – E-Discovery Strategies for International Anti-Bribery Investigations.

8 December, 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.
 
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.
 
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.
 
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.

 

 
 
To read the full report, please click here.

 

 

 

For further information, please contact:


Asia


Richard Kershaw, Managing Director, FTI Consulting

richard.kershaw@fticonsulting.com


Rest of the world

 
John Higgins, Managing Director, FTI Consulting
john.higgins@fticonsulting.com
 
 

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