placeholder

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.

placeholder

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.

placeholder

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.

placeholder

Got Second Requests? 41st Hart-Scott-Rodino Report Released

The recently released 41st Annual Hart-Scott-Rodino (HSR) Report shares a 10-year summary of HSR transactions reported, second requests issued, and early terminations granted by the agencies, as well as a detailed statistical profile of transactions reported during fiscal year 2018. Enacted by Congress in 1976, the Hart Scott Rodino Act gives the federal government the opportunity to investigate and challenge mergers that are likely to harm consumers before injury occurs. The Commission vote to issue the report was 5-0.

placeholder

Pivotal Acquisition Corp. to Merge with KLDiscovery

Pivotal Acquisition Corp., a public investment vehicle, and KLDiscovery, a global provider of electronic discovery and information governance services to Fortune 500 companies and top law firms, announced on May 20, 2019, that they have entered into a definitive agreement in which KLD and Pivotal will merge. As a result of the transaction, valued at approximately $800 million in enterprise value, KLD will become a publicly listed company.

placeholder

Say Again? The HSR Act and the Premerger Notification Program

While the percentage of transactions in which a Second Request was issued by either the FTC or DOJ was only 2.7% in 2015, 3.0% in 2016, and 2.6% in 2017, organizations engaged in merger and acquisition activities, either directly from a participatory position or indirectly from a supporting position, should proactively prepare to support the potential for a Second Request given the short deadlines and potential voluminous information requests that may require extensive use of data discovery and electronic discovery technologies and experts to ensure compliance with requests.