HSR Second Requests often involve vast amounts of diverse data, collected from employees and systems, often spread across the country and around the globe. Regulators, executives, shareholders, and the market in general create immense pressure on organizations’ staff, their law firms, and their vendors to complete the process as quickly as (or more quickly than) humanly possible. Accuracy and accountability are paramount, since inaccurate or incomplete responses can result in costly delays, penalties, or worse – the entire deal evaporating.
HSR Second Requests nearly always involve large numbers of custodians (employees, experts, and others) as well as shared resources like servers, collaboration and chat solutions, financial systems and more. The result is mountains of complex data – multiple terabytes and millions of documents. Add the incredible pressure to complete the entire process as quickly and accurately as possible, with real-world consequences for not meeting those expectations, and you have the very definition of high-stakes.
One large matter, for example, involved remote, targeted collections of nearly ten million documents from hundreds of custodians and systems spread around the globe. Our teams reduced that to less than six million documents for review by leveraging advanced culling and analytics, ultimately producing around three million documents. We also conducted a heightened privilege review of slightly more than 100,000 documents, complete with a full, detailed privilege log. That process was completed within 45 days, from the first data collected to the last document produced.
To accomplish such a feat, you need a competent, experienced team that can handle vast amounts of data alongside the intensity of merger control investigations. BIA has that team. We don’t just talk about capabilities; our experts have successfully completed multiple HSR Second Requests with their innumerable moving parts, millions of documents and battalions of attorneys. We help clients complete Second Request Productions on time, on budget, and with full accountability, guiding them to that green light from regulators approving the transaction.
When hiring a company to assist with such fast-paced, high data volume regulatory projects, experience is one of the most important key factors to consider.
BIA has worked with some of the biggest global corporations and law firms on some of the largest and most complex mergers and acquisitions in U.S. history.
Our skilled experts and technologists leverage that experience, and the latest technologies, to constantly improve workflows and processes with each new effort.
From ensuring timelines to controlling costs and maintaining production quality – every aspect of our process is built to exceed expectations.
HSR reviews also often include a heightened privilege review process, which is also critical to the success of the overall project.
Producing documents to regulators as part of an antitrust investigation can be very different from producing documents for typical commercial litigation. From quick, regular rolling productions to complex production requirements regarding chats, collaboration platforms, social media and more, BIA has the knowledge, experience, and ability to meet even the most demanding of regulatory requirements. We work directly with regulators to review every aspect of productions, so that our end result meets their needs and expectations precisely every time.
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