Under the Hart-Scott-Rodino Antitrust improvements Act of 1976 (the HSR Act), certain mergers and acquisitions are subject to review by the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC). In some cases, requests for additional information will be issued for documents relevant to the proposed acquisition. These are generally referred to as "Second Requests."

Unique Challenges and Risks for Electronic Discovery
Due to very short time frames and significant volumes of documents to be reviewed and produced, Second Requests present unique challenges and require an experienced tier-1 electronic discovery services provider. Fios has successfully supported numerous clients responding to Second Requests and has the capability and capacity to manage the largest, most complex projects quickly and cost-effectively.

Government Second Requests typically involve:

• Short time frames (often 30 days, extendable to 45)
• Large volumes of documents
• Burdensome interrogatories
• Specific production requirements

Risks include:

• Missed deadlines jeopardize the merger or acquisition
       - Stiff fines
       - Company valuations drop
• High costs and/or errors due to short timelines
• Inefficient collections yielding an excessive amount of duplicates and/or non-responsive documents

Fios' E-Discovery Solution for Successful Second Requests
In order to insure a successful review and timely production, review protocol and project milestones must be pre-planned. Effective project management and training are essential and can make the difference between a highly productive, efficient review team and a team that fails to meet deadlines, increasing risks. The Fios project management team will:

• Develop a project schedule and communicate required milestones to insure critical deadlines are met
• Collaborate with IT to determine the fastest, most cost-effective collection strategy
• Profile the type of review team needed. Recommend and reinforce review practices. Provide training and ongoing team support, maximizing the skills of each reviewer
• Establish joint quality assurance parameters specific to the FTC or DOJ
• Recommend appropriate production options to support negotiation with the FTC or DOJ

Learn more about how Fios is uniquely able to manage Second Requests in a recent case study involving a Fortune 100 company with more than 270 GB of data.

If you are planning for a Second Request or would like additional information on Fios' capabilities in this area, please contact us toll free at 1.877.700.3467 or email info@fiosinc.com.