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.

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.

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.

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.

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.

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.

[Legal Education Webcast] Breaches, Responses, and Challenges: Cybersecurity Essentials That Every Lawyer Should Know

Every large corporation and organization today face the significant threat of...

Classifying Ransomware? A Ransomware Classification Framework Based on File-Deletion and File-Encryption Attack Structures

This paper evaluates attack methodologies of a ransomware attack: the underlying...

Thwarting Architectural Imbalance? Considering Dynamic Distributed Secure Storage Against Ransomware

In this paper, the authors focus on ransomware, which is a...

Considering Ransomware Risk Management? A Cybersecurity Framework Profile from NIST

Ransomware is a type of malicious attack where attackers encrypt an...

Magnet Forensics Acquires DME Forensics

According to the announcement, under the terms of the agreement, Magnet...

Consilio to Acquire Legal Consulting and eDiscovery Business Units of Special Counsel from Adecco

According to Laurie Chamberlin, Head of Professional Recruitment and Solutions North...

Nuix Acquires Natural Language Processing Company

According to Nuix CEO Rod Vawdrey, “Topos will strengthen Nuix’s product...

UnitedLex Acquires BlackStone Discovery

According to John P. Kelly, CEO and founder of BlackStone Discovery,...

A New Era in eDiscovery? Framing Market Growth Through the Lens of Six Eras

There are many excellent resources for considering chronological and historiographical approaches...

An eDiscovery Market Size Mashup: 2020-2025 Worldwide Software and Services Overview

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

Resetting the Baseline? eDiscovery Market Size Adjustments for 2020

An unanticipated pandemeconomic-driven retraction in eDiscovery spending during 2020 has resulted...

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

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

Five Great Reads on Cyber, Data, and Legal Discovery for August 2021

From the interplay of digital forensics in eDiscovery to collecting online...

Five Great Reads on Cyber, Data, and Legal Discovery for July 2021

From considerations for cyber insurance and malware to eDiscovery business confidence...

Five Great Reads on eDiscovery for June 2021

From remediating cyberattacks to eDiscovery pricing, the June 2021 edition of...

Five Great Reads on eDiscovery for May 2021

From cyber discovery and data breaches to business of law and...

More Keepers? Predictive Coding Technologies and Protocols Survey – Fall 2021 Results

From the most prevalent predictive coding platforms to the least commonly...

Glowing Expectations? Eighteen Observations on eDiscovery Business Confidence in the Summer of 2021

In the summer of 2021, 63.3% of survey respondents felt that...

Issues Impacting eDiscovery Business Performance: A Summer 2021 Overview

In the summer of 2021, 24.4% of respondents viewed increasing types...

Looking Up? eDiscovery Operational Metrics in the Summer of 2021

In the summer of 2021, 80 eDiscovery Business Confidence Survey participants...