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Financial Services & Insurance

Industry: Financial Services/Insurance

e-Discovery for Financial Services & Insurance Companies

Upheaval in the financial services industry is producing unprecedented legal challenges for financial institutions worldwide. Litigation and investigations are placing demand for electronic discovery response on the general counsel’s office, straining resources, schedules and budgets.

  • Litigation, investigations and organizational change add to legal burden
    Investor class action claims, as a result of the credit crisis, are expected to increase by at least 50% over the next year. As a result, institutions and their trading partners are feeling increasing pressure from the meltdown in the financial services industry and the collapse of the subprime lending market. The development and trading of complex financial products have resulted in massive volumes of unstructured data generated by countless custodians from a variety of market participants. Inventory and preservation of this data are imperative due to the growing number of shareholder lawsuits, as well as dozens of active and pending state and federal government investigations.

    Meanwhile, the unprecedented level of mergers and acquisitions has also interrupted the normal course of business at many financial institutions, precipitating dramatic changes in operations and personnel. These activities will not likely be viewed as a reasonable cause for delay in implementation of document preservation or discovery requests. In managing requests for electronically stored information (ESI), general counsel must strike a balance between compliance and resource constraints.
  • International considerations
    The global nature of the financial services industry requires an expert approach to cross-border e-discovery. Not only must e-discovery processes be defensible in all territories where custodians and data reside, distinct data privacy considerations for each jurisdiction must also be taken into account. Managing e-discovery requests for email, which are considered “personal data” in Europe and many parts of Asia and South America, requires defensible processes and a technical infrastructure capable of extracting, processing and storing electronically stored information (ESI) in a manner that complies with all regional privacy directives. Further, e-discovery processes must continue to conform to the demanding schedules inherent to matters governed by the Federal Rules of Civil Procedure (FRCP).
  • Addressing e-discovery challenges for financial services companies
    With widely diversified business lines, complex business models, massive ESI volumes and unparalleled governmental regulation and scrutiny, financial services companies face daunting e-discovery challenges. Litigation fallout from the financial and credit crisis offers a prime example of this complexity. Fios has over a decade of experience guiding the largest investment banks and brokerages through all phases of e-discovery -— from identifying, preserving and collecting ESI to processing, review and production. Our e-discovery experts advise legal teams on the processes and IT infrastructure required to manage e-discovery - efficiently, consistently and defensibly. Fios is Safe Harbor certified and has the capacity, technical acumen and throughput to process enormous volumes of ESI quickly, putting time and confidence on our clients’ side.
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    e-Discovery and Financial Services industry overview


    How Fios can Help

    Fios has managed e-discovery for antitrust, general commercial, and investigatory matters for financial institutions. Read more about our e-discovery readiness and response services >


    Additional Resources

    Webcast series: e-Discovery for Financial Services/Subprime Litigation

     

    Case Study: Planning for Effective e-Discovery Review and Court Hearings

    An AmLaw 200 law firm was representing a global financial institution in a class-action law suit and had 45 days to prepare its client for a hearing in front of the Federal magistrate judge. The client had to preserve, collect and review electronically stored information (ESI) from more than 60 custodians, involving 400+ gigabytes of e-mail plus data stored on servers, back-up tapes and proprietary systems.

    Read the Case Study >

    Recent Financial Services & Insurance Case Studies and Other Resources

    Case Study: Managing High-Stakes e-Discovery Review in Securities Fraud Litigation

    A high-profile brokerage was caught shifting hundreds of millions in debt off the books. A consortium of banks was sued for securities fraud. The law firm defending the banks needed a service provider with experience in complex, high-stakes cases and a robust review platform that could accommodate a geographically dispersed team of reviewers.

    Advanced Electronic Discovery

    Article: Look Who's Talking

    Besides the three-martini lunch, voice mail has been the most personalized and candid form of communication in business. Like email, voice messages are often casual and off the cuff. The speaker never expects to hear the words they deposit in voice systems again.

    Emerging Trends

    Webcast: Are You Ready for e-Discovery Resulting From Subprime Litigation?

    This webcast addresses the e-discovery risks faced by the financial industry as litigation and investigation around subprime transactions unfold, particularly around the smoking guns and large volumes of electronically stored information (ESI) that may exist somewhere in the e-universe. Those impacted will need to be prepared to answer questions around who knew what about the risk profile of the transactions, when did they know it, how were they represented, what were the expectations and what d

    Article: Are You Ready for E-Discovery Resulting From Subprime Litigation?

    The subprime mortgage crisis has evolved into a global financial crisis. All those affected — homeowners, regulators, politicians and investors — are clamoring for someone to blame. Investigations have begun, and class-action lawsuits are being filed. When a lawsuit is filed and the call comes for e-discovery, those who have not proactively mapped, organized and studied their electronic content universe may be caught by surprise. In the current environment surrounding e-discovery, a lack of read

    Article: Preparing for the Long-Term Impacts of Backdating Investigations

    The Securities and Exchange Commission is currently investigating more than 100 companies for backdating improprieties. At the heart of these investigations are the executives and general counsel, who one by one are being investigated for their actions.

    Webcast: Part 1: Subprime and Credit Crisis-Related Litigation Developments and Trends

    Part 1 of 8: Financial Crisis, Litigation and Electronic Discovery complete webcast series.

    One of the most important litigation developments in recent months has been the emergence of the subprime and credit crisis-related litigation wave. This wave has involved a wide variety of litigants, both as plaintiffs and defendants, and has involved a broad diversity of legal theories. This webcast will provide an overview of the litigation that has emerged to date, a

    Webcast: Part 2: Developing e-Discovery Response Plans for litigation in the Financial Services Industry

    Part 2 of 8: Financial Crisis, Litigation and Electronic Discovery complete webcast series.

    The subprime mortgage crisis has already surpassed the S&L crisis of the 1990s in terms of the number of cases filed. Affected organizations may reduce risk and improve the efficiency of their discovery efforts by ensuring that consistent and repeatable processes to manage discovery demands are in place. A Discovery Response Plan helps achieve this goal by providing leg

    Webcast: Part 3: Creating Effective Discovery Response Teams for the Financial Services Market

    Part 3 of 8: Financial Crisis, Litigation and Electronic Discovery complete webcast series. Meeting discovery obligations in a defensible and efficient manner is one of the primary objectives in almost all complex litigation, and it is especially important in subprime-related matters. Successful response to complex electronic discovery requests requires collaboration and transparency among key personnel across multiple departments within an organization. In-house counsel

    Webcast: State of Affairs: Update on the Financial Services Crisis and e-Discovery Trends

    Upheaval in the financial services industry is producing unprecedented legal challenges for financial institutions worldwide. Litigation and regulatory proceedings are placing great demands on financial institutions for production of electronic data, straining resources, schedules and budgets. This webcast will conclude Fios’ eight-part webcast series focused on e-discovery trends related to the financial services industry.

    Article: e-Disocvery Compliance as Domestic and Foreign Litigation Grows

    The Editor of The Metropolitan Corporate Counsel interviews Mary Mack, Corporate Technology Counsel, Fios, Inc.

    e-Discovery Readiness & Planning

    Webcast: Part 4: Effective Legal Holds for e-Discovery and Financial Services Corporations

    Part 4 of 8: Financial Crisis, Litigation and Electronic Discovery complete webcast series.

    When is litigation “reasonably anticipated”? Who should receive a legal hold notice? What should it say? How should it be managed? These and other questions will be answered in this edition of Fios’ Subprime Series webcasts.

    Case Law / Rules

    Webcast: State of Affairs: Update on the Financial Services Crisis and e-Discovery Trends

    Upheaval in the financial services industry is producing unprecedented legal challenges for financial institutions worldwide. Litigation and regulatory proceedings are placing great demands on financial institutions for production of electronic data, straining resources, schedules and budgets. This webcast will conclude Fios’ eight-part webcast series focused on e-discovery trends related to the financial services industry.

    Article: Corporate Governance: In Need of Reform?

    It was only six years ago that Sarbanes-Oxley was passed by Congress with the intent on restoring public confidence after corporate scandals affected companies like Enron. However in light of recent bailout requests from AIG, Citigroup and now GM, the focus is once again on more stringent corporate governance. Join Law.com bloggers and co-hosts, J. Craig Williams and Bob Ambrogi with special guests Mary Mack, Corporate Technology Counsel at Fios, Inc and Professor Nancy Rapoport, Gordon & Silver

    e-Discovery Standards & Best Practices

    Whitepaper: Voice Mail and Audio Recordings: Evolving E-Discovery Standards

    As the prevalence of sound recordings in today’s enterprises grows, new requirements for legal and regulatory compliance are accelerating the need to manage these recordings as business records. This paper outlines a new framework for managing the discovery process, specifically when audio recordings are requested.

    Webcast: State of Affairs: Update on the Financial Services Crisis and e-Discovery Trends

    Upheaval in the financial services industry is producing unprecedented legal challenges for financial institutions worldwide. Litigation and regulatory proceedings are placing great demands on financial institutions for production of electronic data, straining resources, schedules and budgets. This webcast will conclude Fios’ eight-part webcast series focused on e-discovery trends related to the financial services industry.

    Upcoming Webcasts

    Knowledge Center

    Relativity® Powered by Fios – What the "Bleep" Is It?

    View Now >

    The Basics on Handling Email Attachments in e-Discovery

    View this white paper >



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