Multinational Transport Engineering Company
FRA was retained by US counsel to Alstom (market cap: over $10 billion) to assist with defending a US securities class action suit. The case involved allegations around export credit financing of a division that Alstom had sold to a third party.
FRA was retained by US counsel to Alstom (market cap: over $10 billion) to assist with defending a US securities class action suit. The case involved allegations around export credit financing of a division that Alstom had sold to a third party. The project began as a two-week data collection assignment and escalated into a cross-border effort that would save the client billions of dollars.
The case presented a number of challenges, first of which was a short timeframe. Because of the sale of the business unit, we had a few short months to identify and capture the relevant data. This was complicated by data retention issues due to employees’ lack of understanding of the litigation hold notice issued by the company. Since the client was a European company with no experience in US discovery, we advised client and counsel throughout the process and mitigated their concerns by creating a bespoke solution for their needs.
During the collection phase, we helped develop consent forms and educate custodians on how to manage their data. We collected a large variety of data, including project management databases, emails, and even procured equipment to restore back-up tapes dating to the 1980s. We then developed a customized approach to the review and triage of information, integrating the process with data analytics capability in order to prove to the opposing parties that there had been no spoliation. On the investigative accounting side, FRA reviewed the revenue recognition on contracts and the loss occasioned on them, focusing in particular on asset-based financing structures, collateral arrangements and net exposure to investors. FRA then hosted the data for review by the legal team in a manner that was compliant with French data protection laws and the French Blocking Statute. Finally, we identified the appropriate mechanism for the cross-border transfer of responsive data to the US.
Our work for Alstom demonstrated not only our ability to identify and focus on the richest sources of data, but also our understanding of the risks associated with multi-jurisdiction investigation and litigation, and our ability to speak in their native French language.
Alstom agreed to pay a fine of more than $700 million to resolve charges related to a widespread scheme involving tens of millions of dollars in bribes in countries around the world, including Indonesia, Saudi Arabia, Egypt and the Bahamas. The final settlement, which remains second in the top ten of all FCPA settlement cases, saw damages cut by 95% from the initial claim. Since this case began in 2006, we have continued to be market leaders in eDiscovery consulting services, particularly in multi-jurisdictional data governance matters.
High Court Claim related to Oil & Gas Services Company
Our client was defending a multi-billion dollar High Court claim in relation to alleged breaches of a long-term logistics contract. FRA was engaged to provide expert witness support and evidence in relation to the calculation of potential damages associated with loss of profits.More info
Holocaust Restitution Claims Administration
FRA was retained separately by Swiss and German authorities to build claims administration systems for hundreds of thousands of holocaust survivors, facilitating the disbursement of hundreds of millions of dollars over five years. These were among firm's first engagements after our founding at the turn of the century.More info
UN Oil for Food Program
As part of a UN investigation into possible corruption in the Iraqi Oil-for-Food program, FRA carried out a forensic accounting review and eDiscovery exercise.More info
Arbitration involving Bribery and Corruption
FRA was engaged by an arbitration panel to act as an independent party, to identify any corruption red flags associated with royalty payments.More info
In December 2022, the Switzerland-based multinational technology company reached a “full and final settlement” of $327 million with several national authorities. A multi-disciplinary, international team of FRA specialists supported the company through their cooperation with the authorities over more than three years, from investigation to settlement to compliance remediation.More info
Expert Witness to the Quebec Superior Court
FRA provided pro-bono support to a Canadian individual who brought a case to the Quebec Superior Court to challenge the Canadian Criminal Code law that allows police officers to make traffic stops without suspecting any offence being committed.More info
Responding to a Data Subject Access Request (DSAR)
FRA supported a client's response to an ex-employee's Data Subject Access Request (DSAR) with a limited time period to respond. FRA applied a DSAR solution to gain a holistic view of more than 900,000 documents, eliminate redundancies; redact confidential information, and deliver a complete and structured response.More info
FRA was engaged by Petrofac and its external counsel to support the company’s plea discussions with the SFO, which had been investigating the company for several years in relation to bribery allegations contrary to the UK Bribery Act.More info
International Not-for-Profit Organization
FRA was approached to provide pro bono support to a not-for-profit organization that had identified potential anomalies in its accounting and banking records.More info
A European bank approached FRA to perform an initial evaluation of its exposure related to customers allegedly involved in money laundering activities. This was of concern to the client given the potential regulatory, financial and reputational implications for the bank.More info
Middle-East Telecommunications Company
FRA was retained to support one of the world’s largest mobile telecommunications companies in an internal investigation which required an eDiscovery review in the context of alleged compliance violations.More info
Multinational Oil and Gas Extraction Company
FRA was retained by counsel to assist a client performing a due diligence exercise in connection with purchasing an oil and gas producer in West Africa.More info
International Event and Talent Management Company
An employee of an international talent agency left the company and took with them several high-profile clients to a direct competitor.More info
Deminor Recovery Services/Olympus
Olympus, a Japan-based manufacturer of cameras and medical equipment, was found to have hidden $1.7 billion worth of losses since the early 1990s.More info
FRA was engaged to support the monitorship of an Israeli bank and its subsidiaries, who between 2000 and 2011 were found to have wilfully assisted US clients in opening and maintaining undeclared accounts in a foreign country, and concealing offshore assets and income from authorities.More info
Class-action Lawsuit challenging Solitary Confinement in US Prisons
FRA was approached by our client, White & Case, to provide pro bono support to the ACLU in their federal class-action lawsuit seeking to end solitary confinement in two Virginia prisons.More info
Nordic Telecommunications Company
FRA was instructed by Telia Company (market cap: over $17 billion) and its counsel in the UK, US, the Nordics and Holland to provide forensic accounting and eDiscovery consulting services in the investigation of the Scandinavian telecoms company.More info
Multinational Insurance Firm
FRA was retained by a major European-headquartered insurer (market cap: over $60 billion) involved in a legal dispute with a US client. The US-based litigation required a potentially wide-ranging and costly eDiscovery exercise.More info
FRA advised Airbus and its counsel from the early stages in designing a robust and forensically based approach to the investigation, customising a data governance strategy alongside compliance risk assessment and remediation support, as well as the eventual fine calculation.More info
Following the imposition of a monitor in a joint resolution by the US Department of Justice (DOJ) and US Securities & Exchange Commission (SEC), Technip retained FRA to review the company’s anti-bribery measures and export control compliance program, provide forensic accounting and eDiscovery services and train the client’s internal audit staff to autonomously conduct future internal reviews.More info
Rolls-Royce plc, the UK-based manufacturer and distributor of power systems for the aerospace, defense, marine and energy sectors, was under investigation by the US Department of Justice (DOJ), UK Serious Fraud Office (SFO) and Brazilian authorities in relation to an alleged long-running scheme to bribe governmentMore info