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Time for a Change? FTC Proposes Changes to HSR Act Premerger Notification Rules

The Federal Trade Commission, with the support of the Department of Justice’s Antitrust Division, recently proposed changes to the rules governing merger notification under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act). The revisions would require investment funds to report additional information and would exempt certain minority acquisitions from the reporting requirements, including acquisitions of 10% or less of an issuer’s voting securities by activist investors.

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A Tempo of (Anti) Trust? Hart-Scott-Rodino Act Filings in 2020

Given the chilling effect of COVID on the business of eDiscovery in 2020, many individuals and organizations are interested in the impact of current pandemeconomic conditions on essential audit, investigation, and litigation drivers for legal discovery. One of those drivers is the need for eDiscovery support in FTC and DOJ Second Request investigations. As Second Requests are driven from HSR Act mandated merger transaction reviews, the following HSR Act filing information and comparisons may be helpful for understanding current trends and potential trajectories driving the need for Second Requests.

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Context for Assertions? The Pulse Rate of Second Requests

Given the relatively small number of Second Request opportunities when compared to the traditional opportunities for eDiscovery in support of audits, investigations, and litigation, claims of expertise and experience in this unique type of discovery may be difficult to assess without the context of the actual numbers of Second Requests made annually by the FTC and DOJ. Many providers may assert experience in conducting the tasks required in Second Requests. However, a significantly fewer number of providers may actually have experience in conducting those tasks as part of an actual Second Request case or matter.

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Evaluating Corporate Compliance Programs? Updated DOJ Criminal Division Guidance

The updated guidance document on corporate compliance from the Department of Justice sets forth topics that the Criminal Division has frequently found relevant in evaluating corporate compliance programs. The information shared in the guidance may be beneficial for legal, business, and information technology professionals in the eDiscovery ecosystem as they consider audits, investigations, and litigation in the area of corporate compliance.

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Law Enforcement, Digital Data, and Mobile Devices

In 2017, global mobile devices and connections grew to 8.6 billion, and it is estimated that global mobile device traffic will reach almost one zettabyte annually by 2022. These mobile-centric data points coupled with the fact that 85% of criminal investigations include some form of digital data highlight the importance for data and legal discovery practitioners to have a working understanding of how the global law enforcement community considers digital data and devices in their investigative efforts.

Accused of Taking Confidential Information? Five Immediate Steps That Can Limit Risk

Disputes over trade secrets and confidential information have increased dramatically in recent years. Often arising after a business hires an employee from a competitor, a proposed acquisition falls through, or information is leaked through overseas operations, these cases expose companies to large financial damages, crippling injunctions and even criminal prosecution.

72 Hours Later: What Comey and the FBI Should Know by Now

As a professional with expertise in electronic evidence, I think it is important that we consider what the FBI should be able know now, about 72 hours after obtaining the search warrant for these emails.

Veritas Acquires Globanet

“By integrating Globanet’s technology into our digital compliance portfolio, we’re making...

Five Great Reads on eDiscovery for September 2020

From cloud forensics and cyber defense to social media and surveys,...

Time for a Change? FTC Proposes Changes to HSR Act Premerger Notification Rules

The Federal Trade Commission, with the support of the Department of...

An eDiscovery Holiday Season Down Under? Macquarie Prepares Nuix for IPO

According to John Beveridge, writing for Small Caps, Macquarie holds a...

A Running List: Top 100+ eDiscovery Providers

Based on a compilation of research from analyst firms and industry...

The eDisclosure Systems Buyers Guide – 2020 Edition (Andrew Haslam)

Authored by industry expert Andrew Haslam, the eDisclosure Buyers Guide continues...

The Race to the Starting Line? Recent Secure Remote Review Announcements

Not all secure remote review offerings are equal as the apparent...

Enabling Remote eDiscovery? A Snapshot of DaaS

Desktop as a Service (DaaS) providers are becoming important contributors to...

Home or Away? New eDiscovery Collection Market Sizing and Pricing Considerations

One of the key home (onsite) or away (remote) decisions that...

Revisions and Decisions? New Considerations for eDiscovery Secure Remote Reviews

One of the key revision and decision areas that business, legal,...

A Macro Look at Past and Projected eDiscovery Market Size from 2012 to 2024

From a macro look at past estimations of eDiscovery market size...

An eDiscovery Market Size Mashup: 2019-2024 Worldwide Software and Services Overview

While the Compound Annual Growth Rate (CAGR) for worldwide eDiscovery software...

Festive or Restive? The Fall 2020 eDiscovery Business Confidence Survey

Since January 2016, 2,189 individual responses to nineteen quarterly eDiscovery Business...

Casting a Wider Net? Predictive Coding Technologies and Protocols Survey – Fall 2020 Results

The Predictive Coding Technologies and Protocols Survey is a non-scientific semi-annual...

Business as Unusual? Eighteen Observations on eDiscovery Business Confidence in the Summer of 2020

Based on the aggregate results of nineteen past eDiscovery Business Confidence...

A Growing Concern? Budgetary Constraints and the Business of eDiscovery

In the summer of 2020, 56% of respondents viewed budgetary constraints...

Veritas Acquires Globanet

“By integrating Globanet’s technology into our digital compliance portfolio, we’re making...

An eDiscovery Holiday Season Down Under? Macquarie Prepares Nuix for IPO

According to John Beveridge, writing for Small Caps, Macquarie holds a...

ayfie to Acquire Haive

According to Johannes Stiehler, CEO of ayfie Group AS, “This acquisition...

Innovative Discovery and Integro Merge

“Integro and Innovative Discovery’s services and solutions are highly complementary. Our...

Five Great Reads on eDiscovery for September 2020

From cloud forensics and cyber defense to social media and surveys,...

Five Great Reads on eDiscovery for August 2020

From predictive coding and artificial intelligence to antitrust investigations and malware,...

Five Great Reads on eDiscovery for July 2020

From business confidence and operational metrics to data protection and privacy...

Five Great Reads on eDiscovery for June 2020

From collection market size updates to cloud outsourcing guidelines, the June...