Craig Earnshaw
Office:
200 Aldersgate
Aldersgate Street
EC1A 4HD
City:
London
Country:
England
Tel:
+44 20 3727 1146
Fax:
+44 20 3727 1007

Questions and Answers:

Who's Who Legal Thought Leaders - Data

Craig Earnshaw is a senior managing director at FTI Consulting in London where he founded the European technology consulting practice in 2006. Craig has worked in the electronic evidence field since the mid-1990s, amassing considerable experience in both the technical and strategic application of forensic technology for his clients. Craig provides advice to clients in a wide variety of contentious and non-contentious situations, including disputes, investigations and regulatory inquiries, often incorporating cross-border and data privacy issues.

WHAT DO YOU ENJOY MOST ABOUT WORKING IN THE TECHNOLOGY SPACE?

There is no doubt that technology is revolutionising the way that businesses work. The combination of the ever-increasing volumes of data being generated by today’s corporations, together with the new technologies being implemented, means that the potential sources of information available to enable disputes and investigations to be resolved are continuously evolving. Consequently, the approaches that we need to take, and the technologies that need to be used, are continuously changing, therefore we are constantly adapting and innovating to ensure that we provide the right solution to a particular client situation. 

HOW HAS THE FIELD OF ELECTRONIC EVIDENCE CHANGED SINCE YOUR CAREER BEGAN?

In the late 1990s, electronic evidence formed only a small portion of any investigation. It was usually only considered in large-scale fraud matters, and the world of e-discovery and digital forensics was still in its infancy. Nowadays electronic evidence is much more common and fully accepted by the judiciary and regulators. Indeed, now you would be hard-pressed to find a dispute or investigation where electronic evidence isn’t core to the resolution of the situation.

WHAT MAKES FTI’S OFFERING IN THE TECHNOLOGY CONSULTING SPACE STAND OUT FROM THE COMPETITION?

At FTI we offer clients an end-to-end solution for the technology aspects of a dispute or investigation, from the initial scoping and preservation of the IT estate, the culling and review of the documents, and expert evidence on the methodologies followed. Acting proactively for corporations we develop and implement strategic information governance programmes to enable them to have greater control over their data assets, and be ready for new legislation, such as GDPR. We also develop our own technology, which is critical when new data types emerge that become core to a particular matter.

We have the benefit of being part of a global multi-disciplinary company that provides clients additional services and expertise, from data analysis to forensic investigations, business intelligence and strategic communications. Having access to market-leading experts in these fields around the world enables us to deliver the right solutions to the challenges that our clients face.

WHAT IS THE MOST INTERESTING CASE YOU HAVE WORKED ON TO DATE?

A few years ago we were asked to assist at short notice with a very high-profile bribery and corruption investigation. It quickly became clear that to enable the corporation to understand the events that had taken place in the time frame available, while adhering to a very strict local data privacy laws, we would need to deploy a mobile environment in-country to support a team of over 60 lawyers. Working with the corporation’s outside counsel we built a base in a hotel ballroom, and worked on-site, often around the clock, for three months.

At the time it was a groundbreaking and innovative solution; however, we’re now required to deliver this type of solution on a frequent basis as corporations and their law firms respond to the dual requirements of data privacy restrictions, and the need to undertake investigations in tight timescales.

HOW DO YOU PREPARE WHEN ASKED TO GIVE ORAL EVIDENCE IN COURT?

I always approach these types of situation in the same way: firstly, by ensuring that that my report covers the aspects that are required, and doesn’t leave key questions unanswered, or the language used leave room for ambiguity; and secondly by ensuring, should I be giving oral evidence, that I know all of the details of my report, the way in which my evidence fits into the context of the matter, and anticipate the likely angles of cross-examination.

WHAT SKILLS AND QUALITIES MAKE AN EFFECTIVE FORENSIC TECHNOLOGIST?

The key attribute is undoubtedly strong communication skills. It’s crucial to be able to clearly explain complicated technical processes and environments in ways that can be understood by all parties, often including counsel, the judiciary, or regulators, who don’t need to have the same level of familiarity with the subject matter as we do. It’s also important to be creative and innovative when developing the appropriate approach to the requirements of an engagement. While a technical background in computing or forensics is beneficial, the nature of our work is such that we draw from a wide variety of backgrounds, ranging from qualified lawyers to project managers.

HOW HAS THE INCREASING AWARENESS ON DATA PRIVACY CHANGED THE LANDSCAPE FOR FORENSIC TECHNOLOGY?

The growth in data privacy, and closely related, regulations, coupled with the increasingly international nature of corporations and the disputes that affect them, means that we are often required to perform work in-country. This means we must operate and adhere to protocols that respect the privacy of the individuals to whom the data relates, with limited document populations being transferred across borders. We’re also undertaking much more preparedness work: helping to ensure corporations are appropriately positioned for new regulations such as the GDPR, or the Network and Information Systems Directive.

WHAT IS THE BIGGEST CHALLENGE FACING THE LEGAL TECHNOLOGY MARKET IN THE NEXT FIVE YEARS?

The main challenge centres around the growth of data volumes and formats. We are constantly required to develop new technology, and methodologies, to account for this growth. In turn, this will also require instructing counsel to better understand, and be willing to utilise, these technology developments. 

A good example of this is the acceptance of technology-assisted review, and predictive coding, to accurately, and rapidly, identify potentially relevant documents from large populations without relying on keywords. We’ve been utilising predictive coding for seven or eight years, however the UK courts have only recently accepted its use, and therefore UK litigators been willing to use it. 

Biographies:

Who's Who Legal Consulting Experts: Experts - Digital & Data - Digital Forensic Experts

Craig Earnshaw is a senior managing director in FTI's technology department, based in the London office which he founded in 2006. For over 20 years Craig has worked solely in the electronic evidence field, and has amassed considerable experience in both the technical and strategic application of technology, and had delivered this for clients on some of the most complex and demanding matters that have taken place over this time.

Craig provides strategic advice to clients across all areas of FTI's technology offering, and delivers specific counsel to clients in the areas of European Union-based evidence collection and disclosure, electronic data hosting for litigation and regulatory inquiries, and the impact of data privacy requirements on multi-jurisdictional disputes and investigations. His engagement experience includes cross-border disputes and regulatory inquiries relating to anti-competitive behaviour, cartels and price fixing, in addition to fraud, bribery, corruption and IP theft investigations.

Craig has provided both written and oral expert evidence relating to e-discovery and computer forensic analysis in the High Court in London, and has testified at depositions in the United States, as well as submitting written expert evidence into other forums such as employment tribunals and arbitrations.

Craig has authored numerous articles that have been published in the European and US legal and technical press, and is a frequent conference speaker on subjects including multi-jurisdictional investigations and data privacy.

WWL says: The “outstanding” Craig Earnshaw is a Thought Leader in the global investigations space who draws praise for his “deep expertise” handling complex matters in the electronic evidence field.

This biography is an extract from Who's Who Legal: Consulting Experts which can be purchased from our Shop.

Who's Who Legal Consulting Experts: Experts - Digital & Data - Data and E-Discovery Experts

Craig Earnshaw is a senior managing director in FTI's technology department, based in the London office which he founded in 2006. For over 20 years Craig has worked solely in the electronic evidence field, and has amassed considerable experience in both the technical and strategic application of technology, and had delivered this for clients on some of the most complex and demanding matters that have taken place over this time.

Craig provides strategic advice to clients across all areas of FTI's technology offering and delivers specific counsel to clients in the areas of European Union-based evidence collection and disclosure, electronic data hosting for litigation and regulatory inquiries, and the impact of data privacy requirements on multi-jurisdictional disputes and investigations. His engagement experience includes cross-border disputes and regulatory inquiries relating to anti-competitive behaviour, cartels and price fixing, in addition to fraud, bribery, corruption and IP theft investigations.

Craig has provided both written and oral expert evidence relating to e-discovery and computer forensic analysis in the High Court in London, and has testified at depositions in the United States, as well as submitting written expert evidence into other forums such as employment tribunals and arbitrations.

Craig has authored numerous articles that have been published in the European and US legal and technical press, and is a frequent conference speaker on subjects including multi-jurisdictional investigations and data privacy.

WWL says: Admired for his expansive expertise, Craig Earnshaw is “a solid forensics and discovery expert” who sources “have a lot of respect for”.

This biography is an extract from Who's Who Legal: Consulting Experts which can be purchased from our Shop.

Who's Who Legal Investigations: Digital Forensic Experts

Craig Earnshaw is a senior managing director in FTI’s technology department, based in the London office, which he founded in 2006. For over 20 years Craig has worked solely in the electronic evidence field, and has amassed considerable experience in both the technical and strategic application of technology, and has delivered this for clients on some of the most complex and demanding matters that have taken place over this time.

Craig provides strategic advice to clients across all areas of FTI’s technology offering, and delivers specific counsel to clients in the areas of European Union-based evidence collection and disclosure, electronic data hosting for litigation and regulatory inquiries, and the impact of data privacy requirements on multi-jurisdictional disputes and investigations. His engagement experience includes cross-border disputes and regulatory inquiries relating to anti-competitive behaviour, cartels and price-fixing, in addition to fraud, bribery, corruption and IP theft investigations.

Craig has provided both written and oral expert evidence relating to e-discovery and computer forensic analysis in the High Court in London, and has testified at depositions in the United States, as well as submitting written expert evidence into other forums such as employment tribunals and arbitrations.

Craig has authored numerous articles that have been published in the European and US legal and technical press, and is a frequent conference speaker on subjects including multi-jurisdictional investigations and data privacy.

WWL says: Craig Earnshaw is a “highly respected expert” who is held in high esteem by peers thanks to his considerable experience in the electronic evidence field.

This biography is an extract from Who's Who Legal: Investigations which can be purchased from our Shop.

Other Practice Areas:

Follow us on LinkedIn

Practice Areas

Firms

Browse Firms

Search Firms

The Who's Who Legal 100

Awards

News & Features

Special Reports

Events

Shop

About Us

It is not possible to buy entry into any Who's Who Legal publication

Nominees have been selected based upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide. Only specialists who have met independent international research criteria are listed.

Copyright © 2018 Law Business Research Ltd. All rights reserved. | http://www.lbresearch.com

87 Lancaster Road, London, W11 1QQ, UK | Tel: +44 20 7908 1180 / Fax: +44 207 229 6910

http://www.whoswholegal.com | editorial@whoswholegal.com

Law Business Research Ltd

87 Lancaster Road, London
W11 1QQ, UK