As if an FCPA investigation were not risky enough, it is made even more so by the nature of the electronically stored information at issue. By definition, an FCPA action is virtually certain to involve ESI in multiple languages, making it more difficult to process and search. Adding to the difficulty, the quantity of ESI is likely to be huge--multiple terabytes in some cases. And the data is apt to be housed under multiple custodians across any number of global locations and in any variety of formats.
Despite these challenges, counsel for a company in an FCPA investigation must meet tight time limits and ensure that data collection, processing and review are done in a manner that protects the integrity and defensibility of the company's response. Ideally, all of this should be accomplished as economically as possible.
With a better understanding of the issues and the right tools to address them, the minefield can be safely navigated. This white paper reviews the challenges a compan and its counsel face in managing ESI in an FCPA investigation and suggests how best to address those challenges.
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