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eDiscovery Mergers, Acquisitions, and Investments in Q1 2020

From HaystackID and Everlaw to Cellebrite and Carbonite, ComplexDiscovery findings, data points, and tracking information from January 1, 2020, to March 29, 2020, may be useful for understanding merger, acquisition, and investment activity patterns in the eDiscovery ecosystem during the first calendar quarter of 2020.

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Pandemic Drives Temporary Changes in Antitrust Investigations from DOJ and FTC

For mergers currently pending or that may be proposed, the DOJ Antitrust Division is requesting from merging parties an additional 30 days to timing agreements to complete its review of transactions after the parties have complied with document requests. If circumstances require, the Division may revisit its timing agreements with merging parties in light of further developments.

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How Many Second Requests? Adding Context to eDiscovery Provider Claims of Experience and Expertise

Taken from Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) reports and data sets, the numbers represented in the following charts highlight metrics that may be useful for law firms, legal departments, and legal services providers seeking to understand the annual pulse rate of Hart-Scott-Rodino Act mandated merger transaction reviews and Second Requests. The charts may also be useful for considering the claims of eDiscovery providers regarding their expertise and experience in supporting Second Requests.

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Kenyon Group Advises Information Governance Solutions on its Sale to Access

“The IGS acquisition, together with our prior acquisition of Montaña & Associates, brings world-class solutions and services to Access clients for electronic and physical information management and compliance,” said Rob Alston, Chief Executive Officer of Access. “Information governance advisory services and software are crucial to data security and risk reduction in the entire information management lifecycle-from document management to secure record destruction.”

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Three Rules-of-Thumb: FTC Highlights New HSR Thresholds

The Federal Trade Commission recently announced the new HSR thresholds, which will become effective on February 27, 2020. As shared directly by the FTC, the following three rules-of-thumb should help parties determine the relevant thresholds and any resulting reporting obligations that apply based on when the filing is made, when the transaction closes, and when the thresholds adjust.

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Mindcrest Acquired by Law Firm DWF

According to Ganesh Natarajan, CEO at Mindcrest, “We are excited to become part of the DWF family. As one of the oldest legal services companies, Mindcrest has established a reputation for high quality and exceptional client service. This will be enhanced with DWF Mindcrest, bringing the right talent, technology, and processes coupled with strong project management to develop innovative integrated solutions for our clients across the globe.”

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Considering Second Requests? The Requirement, Task, and Prevalence

While leveraging many of the technologies, techniques, and tactics used in traditional eDiscovery activities supporting audits, investigations, and litigation, Second Request discovery is different in the fact that it typically has unique characteristics that need to be considered in each case.

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OpenText to Acquire Carbonite

“The Carbonite Board conducted a thorough and comprehensive process, which included contact with a number of strategic and financial parties, to identify the best way to maximize shareholder value,” said Steve Munford, Interim Chief Executive Officer and President/Executive Chairman of the Board of Carbonite. “The Board strongly believes that a transaction with OpenText delivers compelling, immediate and substantial cash value to shareholders.”

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Proofpoint to Acquire ObserveIT for $225 Million in Cash

“Today’s ObserveIT acquisition underscores Proofpoint’s commitment to providing organizations with people-centric cybersecurity and compliance solutions that protect what matters: their people and the data they have access to, in a post-perimeter, cloud-first world,” said Gary Steele, chairman of the board and chief executive officer of Proofpoint.