Regulation & Governance

Africa: Fighting Corruption On Its Own Turf

May 2017

Africa: Fighting Corruption On Its Own Turf

Africa foregoes millions in corruption fines to foreign governments. Why not keep the money on the continent to fortify their own anti-corruption campaign?

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Digging Out of Trouble in a Cross-Border Deal?

May 2017

Digging Out of Trouble in a Cross-Border Deal?

How an Australian mining company’s swift action to resolve a financial crisis at its Latin American subsidiary saved the local business — and pleased investors.

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Huge Payoffs for Hackers Targeting the C-Suite

Apr 2017

Huge Payoffs for Hackers Targeting the C-Suite

Business Email Compromise is a highly sophisticated fraud costing businesses billions each year. Here’s how it works, and the strategies for risk-reduction and recovery executives must consider now.

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Too Big to Fail? The Major Financial Risk We Need to Examine Now

Apr 2017

Too Big to Fail? The Major Financial Risk We Need to Examine Now

This FTI Q&A explores the explosive growth of one of the safeguards of Dodd-Frank — central counterparties clearinghouses — and asks: have they become too big to protect the system?

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4 Things Japan Needs to Do to Improve its Business Climate

Apr 2017

4 Things Japan Needs to Do to Improve its Business Climate

Japan’s recent corporate governance reforms, intended to help stimulate business, might need some reform themselves.

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Wait and See: Investors Yearning to Break Out on Healthcare Deals in 2017

Feb 2017

Wait and See: Investors Yearning to Break Out on Healthcare Deals in 2017

As evidenced at the 2017 JP Morgan Healthcare Conference, a number of uncertainties in the healthcare market are keeping investment dollars tight and point toward a major correction.

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Whose Mandate is it Anyway?

Jan 2017

Whose Mandate is it Anyway?

What do Americans expect in the first 100 days of a Donald Trump administration? An FTI survey of 2016 voters provides insightful, if not surprising, results.

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10 Moves Your Company Should Make Now to Ward Off Shareholder Activists

Nov 2016

10 Moves Your Company Should Make Now to Ward Off Shareholder Activists

The term “shareholder activism” evokes the image of a white knight. But in the 1980s, activists were called “corporate raiders,” a term that evokes a much different image. As the perception of activists has changed over the years, so has the means for dealing with them.

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China M&As Eye Western Tech: Tense Times Follow

Nov 2016

China M&As Eye Western Tech: Tense Times Follow

Chinese companies are trying to scoop up Western tech companies in M&A mega deals, with big rewards for all. But suspicions on both sides continue to scuttle some of the deals. Here’s why.

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Hurry Up and Wait, Argentina!

Nov 2016

Hurry Up and Wait, Argentina!

Argentina’s new President, Mauricio Macri, came into office in December 2015 with a mandate to evolve the nation towards a more market-oriented economy. The result has been limited progress mixed with pain. Will the people stick by him and allow him to reach his goals?

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Dead Malls Give Rise to New Town Centers

Oct 2016

Dead Malls Give Rise to New Town Centers

With a soft consumer economy and rise in online shopping, the majority of U.S. malls are struggling. But a new, innovative solution for reinvention holds promise for both investors and local communities.

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Five Key Takeaways from a Banner Year in Proxy Fights

Nov 2016

Five Key Takeaways from a Banner Year in Proxy Fights

Driven by a recent history of success, the number of winning proxy fights in 2016 again topped the 50% mark.

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The New Age of Political Discontent: Hammering Hard on Global Businesses

Sep 2016

The New Age of Political Discontent: Hammering Hard on Global Businesses

Intense public unrest is driving global politics in new and unique ways from East to West. Here’s what global executives must know to navigate the risks

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Culture is King: Five Steps Managers Must Take to Drive Lasting Change within the Banking Industry

May 2016

Culture is King: Five Steps Managers Must Take to Drive Lasting Change within the Banking Industry

Financial services professionals are swamped by regulation after regulation in the effort to avoid the next big scandal. But good compliance processes can only take you so far in the highly scrutinized banking sector. A focus on corporate culture is the secret sauce to creating real change. How can you alter a company from the inside out?

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How to Invest in America’s Most Controversial New Industry without Losing Your Reputation

Apr 2016

How to Invest in America’s Most Controversial New Industry without Losing Your Reputation

When a pair of leading institutional investors set out to win a state license to open New York City’s first medical marijuana dispensary, they turned to an FTI Consultant with a unique background as a journalist covering the illegal drug trade. His advice? Differentiate your brand.

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Will New Medicare Law Get Lab Technicians Heated Up?

Apr 2016

Will New Medicare Law Get Lab Technicians Heated Up?

The government’s demand for reams of data from clinical labs is meant to help curb the cost of Medicare reimbursement for diagnostic testing. But it threatens to overwhelm the industry. Here’s what labs should know when trading big data for big bucks.

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Today's Derivatives Industry: Q&A with Walt Lukken

Mar 2016

Today's Derivatives Industry: Q&A with Walt Lukken

An insightful conversation with the President and CEO of the Futures Industry Association.

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Measuring the Future of Healthcare

Feb 2016

Measuring the Future of Healthcare

The need for healthcare transformation has been widely recognized for some time and was a driving force behind the 2010 Affordable Care Act ("ACA").

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MEMO TO PHARMA: Don’t Get Complacent (DSCSA Deadlines Loom)

Nov 2015

MEMO TO PHARMA: Don’t Get Complacent (DSCSA Deadlines Loom)

According to the World Health Organization ("WHO"), from 1 percent to 10 percent of drugs sold around the world today are counterfeits, and about 50 percent of medicines purchased ...

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Why Proxy Access Isn’t Fair

Aug 2015

Early this year, GE announced a new policy: It will allow groups of shareholders to nominate candidates to its Board and place those nominees in the company’s proxy statement, as long as the candidates’ backers have owned at least 3 percent of GE’s shares for at least three years.

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The 2015 UK Elections: Why 100% of the Polls Were Wrong

Jul 2015

The 2015 UK Elections: Why 100% of the Polls Were Wrong

The general election of 2015 in the United Kingdom was held on May 7 to elect the country’s 56th Parliament. Voting took place in all 650 parliamentary constituencies, each electing one Member of Parliament to the House of Commons.

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UK Supermarket Wars Get Nasty

Jun 2015

UK Supermarket Wars Get Nasty

As the British media enthusiastically reports on the conflict, the ongoing supermarket war in the United Kingdom is taking its toll on small food and drink suppliers.

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Let Fannie and Freddie Breathe

May 2015

The Inspector General for the Federal Housing Finance Agency ("FHFA") recently reported that, due to a lack of capital reserves, Fannie Mae and Freddie Mac might need more government bailouts if housing markets decline.

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Risky Business: Is Dodd-Frank on Target?

Mar 2015

Risky Business: Is Dodd-Frank on Target?

Four years after Congress passed the most sweeping financial reform since the Great Depression, the regulatory framework shaped by the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank") remains a work- in-progress, with many rules still unwritten.

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Trends in International Arbitration

Feb 2015

Trends in International Arbitration

In an FTI Journal article we wrote in 2010 we noted a surge in claims in international arbitration arising from the global economic crisis but also identified some longer-term underlying drivers of dispute activity based on cross-border investment flows.

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The ACA and Big Pharma After the 2014 Mid-Term Elections

Jan 2015

The ACA and Big Pharma After the 2014 Mid-Term Elections

Shortly after the Republican sweep of the November mid-term elections, FTI Consulting’s Strategic Communications segment held a panel to discuss the election’s...

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Mexico’s Energy Reform: How to Meet the Risks and Seize the Opportunities

Jan 2015

Mexico’s Energy Reform: How to Meet the Risks and Seize the Opportunities

The Mexican opportunity comes into sharper focus. Mexico’s energy reform, passed in 2013, has generated unprecedented global economic interest.

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The Politics of Business

Aug 2014

The Politics of Business

After decades of scandals—from Enron to the 2008 financial crisis— corporations have found themselves squarely in the political limelight. Business strategies, actions and behaviors are increasingly subject to oversight and regulatory scrutiny.

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Let the Brazilian Compliance Games Begin!

Jun 2014

Let the Brazilian Compliance Games Begin!

As Brazil prepares to host the June 2014 World Cup and the 2016 Summer Olympics, the country’s recently enacted anti-corruption law presents a host of compliance challenges to domestic and foreign businesses participating in the preparations.

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A Catch-22 in Asian eDiscovery

Jun 2014

A Catch-22 in Asian eDiscovery

In defending themselves in lawsuits and government investigations, companies easily can violate Asian data protection laws. The consequences are steep fines and even criminal prosecution.

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The Life Science Boom

May 2014

The Life Science Boom

Last year was the Year of the Deal in life sciences. There were 43 U.S. healthcare initial public offerings (IPO), triple the number in 2012.

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The Long Road to Improved Utility Storm Planning Begins Here

Apr 2014

The Long Road to Improved Utility Storm Planning Begins Here

Hurricane Sandy made it obvious that electric distribution utilities were ill-prepared to prevent large-scale power outages or quickly restore power to businesses and households.

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INSIDE THE BUSIEST PATENT COURT IN AMERICA

Feb 2014

INSIDE THE BUSIEST PATENT COURT IN AMERICA

More than 1,700 patent infringement cases were filed in the Eastern District of Texas in 2013. That’s more than in any other district in the United States.

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BANKS IN THE CROSSHAIRS

Jan 2014

BANKS IN THE CROSSHAIRS

It’s monumentally difficult for banks to ensure that they’re not being used by money launderers, terrorists, and other assorted bad guys. But governments increasingly are asking them to do just that, and punishing them severely when they fail. How can banks track customers and regulate transactions more effectively and cost-efficiently?

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The Affordable Care Act and Beyond: Winners and Losers in the New Era of Healthcare

Jan 2014

The Affordable Care Act and Beyond: Winners and Losers in the New Era of Healthcare

Bruised, bloodied but still standing, the Affordable Care Act (ACA) is moving forward, bringing the most sweeping changes to the American healthcare system since the establishment of Medicare and Medicaid in 1965.

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When Your Taxes Are Everybody's Business

Nov 2013

When Your Taxes Are Everybody's Business

For a long time, when enterprises thought of taxes, it primarily was in terms of determining, paying and limiting them. Questioned about tax policies, the typical corporate response has been to say that the organization is complying with the law and is fulfilling its responsibilities to its shareholders.

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Rx for Transformation

Sep 2013

Rx for Transformation

Strategies and tactics to succeed in the turbulent U.S. healthcare market

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Empower Your IRO

Sep 2013

Empower Your IRO

The risk of losing touch with investors increases with business and market complexity. In this environment, the role of investor relations (IR) needs to be strategic.

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Nowhere to Hide

Jul 2013

Nowhere  to Hide

With the U.S. government cracking down on Medicare fraud, self-screening offers a smart way for healthcare providers to assess and reduce their risks.

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Stronger Economy Brings New Worries: Managing Legal Risks in 2013

Jul 2013

Stronger Economy Brings New Worries: Managing Legal Risks in 2013

The results of the FTI Consulting 2013 Law and the Boardroom Study, conducted with Corporate Board Member magazine.

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2013 Latin America Public Security Index

Jun 2013

2013 Latin America Public Security Index

Due to its relatively strong growth over the past years, Latin America has made some advancement as a whole in social inclusion, as well as in the fight against crime, in certain countries, leading to an improvement in public security. Growth slowed somewhat in 2012 and, at the beginning of 2013, lagged behind other emerging markets. However, growth in Latin America still is ahead of the developed world, and the region is more stable now than it has been in many decades.

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Africa Booms & Multinationals Take Notice

May 2013

Africa Booms & Multinationals Take Notice

Chinese firms have a head start in many of Africa’s booming economies, but now other multinationals are increasingly competing for opportunities in Africa. Going forward, both Chinese and non-Chinese firms will have the best chance to win African contracts by emphasizing high-quality deliverables, ethical business practices, community relations and a commitment to creating good local jobs.

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Start Me Up

Apr 2013

Start Me Up

Challenges to the U.S. patent system, judicial activism, and the need for litigation reform — A discussion with Chief Judge Rader of the United States Court of Appeals for the Federal Circuit.

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Corporate Anonymity

Apr 2013

Corporate Anonymity

Who really owns that business? The pros and cons of concealed company ownership.

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The Legal Risks That Keep Directors and General Counsels Awake

Mar 2013

The Legal Risks That Keep Directors and General Counsels Awake

Find out what board members are concerned about when it comes to handling cyber risk, FCPA compliance, executive compensation and more. View highlights from the FTI Consulting/Corporate Board Member Magazine study.

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Don’t Cover Up, Fess Up!

Mar 2013

Don’t Cover Up, Fess Up!

Companies can avoid or reduce massive Foreign Corrupt Practices Act (FCPA) fines through voluntary remedial conduct and disclosures to the DOJ and SEC.

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The Realities of the New UK Bribery Act

Mar 2013

The Realities of the New UK Bribery Act

Research by FTI Consulting reveals that far too many managers are either unaware of the UK Bribery Act that criminalizes bribery, or surprisingly, willing to break the law to win business.

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Compliance’s Cultural Divide

Apr 2012

Compliance’s Cultural Divide

Justifiable concerns over corruption in cross-cultural situations lead many companies to overcompensate with harsh mandates that can destroy trust. Education and dialogue often produce better outcomes.

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The Risk Manager

Apr 2012

The Risk Manager

Chief financial officers may have the ideal combination of perspective and abilities to link capital with strategy in order to quantify and handle enterprise risks.

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The Bribery Net

Apr 2012

The Bribery Net

Commercial bribery. Facilitation. Even failure to prevent a bribery from taking place. These are all serious offenses under the new U.K. Bribery Act. Will the Bribery Act really be like the Foreign Corrupt Practices Act on steroids?

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From Cop to Counselor

Apr 2012

From Cop to Counselor

Independent corporate integrity monitors can help companies increase transparency and improve reporting standards.

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The Impact Of Global Financial Reforms

Dec 2011

The Impact Of Global Financial Reforms

The financial crisis spurred significant regulatory reforms including the Dodd-Frank Act. Six top financial leaders discuss whether these reforms can truly prevent another meltdown.

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CEO Transitions

Dec 2011

CEO Transitions

Leadership change affects a company’s enterprise value. Whether that’s positive or negative depends largely on measures taken by boards and CEOs in the months leading up to — and following — the change.

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The Diversity Advantage

Dec 2011

The Diversity Advantage

How regulation and competition are bringing more women into the boardroom

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New Investor Power

Dec 2011

New Investor Power

Companies waiting until proxy season to engage investor issues may find themselves scrambling to address concerns that have been festering for months.

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King Regulation

Dec 2011

King Regulation

National governments’ regulatory supremacy is under threat from local and global interests. Between them, they threaten to steal the crown.

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View From The Bridge

Dec 2011

View From The Bridge

Conversations with three CEOs who were at the precipice of the unparalleled banking crisis

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Bridging The Divide

Sep 2011

Bridging The Divide

Health insurance CEOs are caught in a tug of war between companies whose employees want affordable care and healthcare providers that desire a decent return on their services. Yet many answers can be found in Europe, South America and Canada — and even the United States.

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Detecting Fraud In Real Time

Mar 2011

Detecting Fraud In Real Time

Multinationals today face proliferating compliance issues that essentially come down to one requirement: putting technology in place to detect wrongdoing at any time and in any location.

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Crossing The Line

Mar 2011

Crossing The Line

Britain’s new anticorruption statute puts companies on the spot for the actions of anyone working on their behalf. And ignorance of an agent’s bribes is no excuse.

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Stimulus Spending: Plugging the Leaks

Apr 2010

Stimulus Spending: Plugging the Leaks

When governments pump money into stimulus programs, fraud inevitably follows. Here is how to fight it.

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Taming the Banking Beast

Apr 2010

Taming the Banking Beast

After the turmoil of the financial crisis, the banking sector urgently needs regulatory reform. How can this be achieved?

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Understanding the Foreign Corruption Dragnet

Apr 2010

Understanding the Foreign Corruption Dragnet

As regulators dedicate more resources to global prosecutions and enforcement actions, FTI looks at what businesses, senior executives and boards can do to educate themselves and their companies

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Cutting U.S. Healthcare Costs

Oct 2009

The FTI Journal recently convened a group of FTI experts from varied yet connected backgrounds and disciplines – from performance improvement and restructuring, to economic consulting and strategic communications – for a discussion about the state of healthcare in the United States and around the world, with a focus on what’s driving increased spending, and how to slow its growth.

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Proxy Reform–Be Careful What You Wish For

Oct 2009

Early next year, the five members of the U.S. Securities and Exchange Commission are expected to vote on an issue that for years has sparked fierce debate between companies and shareholder activists. The issue revolves around whether to make it easier for shareholders to nominate directors for corporate boards.

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