FCPA Enforcement Actions brought by the Department of Justice ("DOJ") andSecurities and Exchange Commission ( S C )S C ("SEC") 2011 2004 2005 2006 2007 2008 2009 2010 (as of 6/20/11) DOJ SEC DOJ SEC DOJ SEC DOJ SEC DOJ SEC DOJ SEC DOJ SEC DOJ SEC 2 3 7 5 7 8 18 20 20 13 26 14 48 26 8 9 Source: Gibson Dunn 2010 Year-End FCPA Update With prosecutors tied up for more than 50 courtroom days in FCPA trials during the H1 2011, enforcement actions have been initiated at a slower pace than in recent years. Few predict that the surge of FCPA enforcement activity is now subsiding. 4
Most Costly FCPA-Related Settlements (in $millions) Siemens (2008) $800 KBR (2009) $579 BAE (2010) $400Snamprogetti Netherlands B.V. (2010) BV $365 Technip S.A. (2010) $338 JGC Construction (2011) $219 Daimler AG (2010) ( ) $ $185 Alcatel-Lucent (2010) $137 Panalpina (2010) $82 Johnson & Johnson (2011) $70Source: SEC Enforcement Trends 2011: The New Era of FCPA Enforcement , Thomas O. Gorman, April 14, 2011 8 of the Top 10 FCPA-Related Settlements are from 2010 & 2011 FCPA Related 5
How to Handle Foreign Language Intensive Investigations 6
5 Tools of Translation Technology 1. Language Identification • Document level language break down that allows granular workflows • Case level break down so resources can be sourced and allocated 2. Foreign Language Key Words • Foreign language key terms against foreign language text • 20 English terms can easy become 100 foreign language terms g y g g g • A few $100 here can save thousands in attorney review or summary 3. Machine Translation • If viable 1/100th the cost of a human based solution 4. Summary Translations • Linguistic review that allows for basic understanding of the document. Can be used as a filter for reducing the amount of human translation 5. Human Translations • Basic Translation – Internal usage. For Information Purposes Only “FIPO” • Certified Translation – For court or other external usage. 7
Leveraging Language Technology Across ESI Collections English ReviewData Collection Automated Privileged Load for and and Language Review Machine Processing Identification Translation Responsive Identified Human Translation 8
How Do You Define Success? Traditional translation companies define THEIR success by the number of words they translate for you. e.g. 20,000 words @ $0.25 a word At Merrill Brink, we define OUR CLIENT’S success by the number of words we do NOT t f d d translate. Our goal is to individually l t O l i t i di id ll process each document in the most cost effective manner from the beginning to end of the ESI workflow. By successfully leveraging the 5 tools of translation at the front end of a foreign language data intensive investigation, the goals of translation and eDiscovery are mutually aligned. eDiscovery – Only produce documents which are relevant to the case Merrill Brink – Only translate documents that must be submitted to official bodies (DOJ/SEC, etc.) 9
Case Study Multinational Telecom: Internal FCPA investigation Start - 1,000,000 documents Step 1 - Language Identification culled 350,000 English documents Step 2 – Foreign language searching culled 390,000 documents Step 3 – Foreign language contract review of 260 000 documents produced 260,000 3,000 responsive documents Step 4 – Machine translation performed on larger documents to identify if complete translation was needed p Step 5 – Full translation of 3,000 documents (.3% of total population) 10
Case Study in Action 1,000,000 Language ID docs culled 350,000 350,000 English English docs English docs Review Foreign language searching culled 390,000 docs 390 000 dData Collection Automated Privileged Load for and and Language Review Machine Processing Identification Translation Responsive Identified Foreign language Human contract review of Translation 260,000 docs produced 3,000 responsive docs Full .3% of total translation population 3,000 docs 11
Merrill Corporation Overview Empowering communications of the world’s leading companies p Headquartered in St. Paul, Minnesota Founded in 1968 40-plus years experience handling highly p y p g g y confidential financial, transaction and legal information More than 5,000 employees in 85 global l l b l locations ti Offices in Europe, Asia, Australia and more Affiliate relationships worldwide Global infrastructure, local presence 12
Merrill Brink International: Corporate Language Solutionsfor a Global Company Industry-leading tools, people and a track record of success Translation, localization and globalization industry leader for more than 35 years y Wholly owned subsidiary of Merrill Corporation Recognized for our commitment to quality and leveraging technology Reduce costs Eliminate redundant processes Accelerate translation life cycles Prod ction facilities in the U S and Production U.S. Europe, and locations around the globe 13
Compete in Any Language – Anywhere in the World Merrill Brink Production Hubs St. Paul, MN New York, NY Galway, Ireland G l I l d London, England Global Affiliates North American Offices Australia Atlanta China/Singapore Baltimore Croatia Birmingham Denmark Boston Egypt Chicago France Dallas ll Germany Houston Hong Kong Jackson Hungary Los Angeles India Miami Israel New York Global Offices Italy Philadelphia Paris, Paris France Netherlands San Diego Frankfurt, Germany Norway San Francisco Chennai, India Portugal Seattle Hong Kong Russia Washington, DC Dublin, Ireland Spain Calgary, Alberta Christchurch, New Zealand Sweden Montreal, Quebec Singapore South Africa Toronto, Ontario Sweden Switzerland Vancouver, British Columbia Australia U.A.U. 14
Professional, Expert Linguists for Technically PreciseResults Rigorous application and testing process criteria qualifies only 5 percent of applicants for linguist positions l f li f li i ii Education and professional certifications Native speakers of target language Minimum of 5 years experience translating into native language Subject matter expertise in specific industries 15
Contact Information Jay Rosen Vice President, Language Solutions http://www.linkedin.com/in/jayrosen Merrill Brink International 310.729.6746 cell 818.593.2338 direct www.merrillbrink.com firstname.lastname@example.org jay rosen@merrillcorp com FCPA Translation & Multilingual Document Review Solutions Investigations | Monitor | Compliance | Codes of Conduct | eLearning 16
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