Second Requests Take Discovery To Next Level


Merger and acquisition activity accelerated during the first half of 2010, following a year in which reported transactions under the Hart-Scott-Rodino Act plunged approximately 59 percent compared with the prior fiscal year, according to statistics issued in a 2009 joint annual report published by the Federal Trade Commission and U.S. Department of Justice Antitrust Division.

While transaction filings decreased in 2009, the percentage of second requests issued actually increased 4.5 percent from approximately 2.5 percent in 2008. Going forward, the predicted expansion of enforcement and investigation activity is likely to bolster this trend to increased activity in second requests in the coming year.

During the relative lull in merger and acquisition transaction activity over the past several years, e-discovery best practices evolved significantly, led primarily by advances in managed review technologies. These advances continue to shift the ways in which second request responses are carried out, providing compelling alternatives to established data culling and review methodologies.


Compared with litigation and other types of discovery, second requests come with a unique set of requirements that are tailor-made for latest best practices and technology advances in the e-discovery arena. The combination of comprehensive planning, assembly of an experienced and well-coordinated team, and advanced technology-driven processes makes for an excellent recipe for the successful execution of a second request. In the end, second requests are not routine, particularly when it comes to e-discovery.

Myriam Schmell ( is senior vice president at Epiq Systems, based in New York. Lisa Schofield ( ) is senior vice president of Epiq Systems eDiscovery Solutions, based in Washington.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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