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Discovery Electronically Stored Information Department of Justice (DOJ)

EDRM - Electronic Discovery Reference Model

HSR Filings Fall Sharply in March 2025, Lowest Monthly Total Since Early Pandemic

ComplexDiscovery Editor’s Note: The March 2025 Hart-Scott-Rodino (HSR) filings dropped to 89 transactions, marking the lowest monthly total since the early months of the COVID-19 pandemic in April and May 2020. This...more

EDRM - Electronic Discovery Reference Model

Creating a Compelling Argument in the BP Trial: Government Plaintiffs’ Closing

Our exploration of generative AI in trial preparation has demonstrated how Large Language Models can analyze complex materials to generate sophisticated closing arguments. We began by showing how to overcome traditional LLM...more

Redgrave LLP

Blurred Lines: Navigating Text Message Discoverability in the Era of Intermingled Data

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As mobile devices continue to integrate seamlessly into our professional and personal lives, the boundaries between business and personal data have blurred significantly.  This evolution has introduced a host of legal...more

EDRM - Electronic Discovery Reference Model

July 2024 HSR Transactions: What GDP Growth and Economic Trends Mean for eDiscovery

ComplexDiscovery’s Editor’s Note: This article provides a detailed analysis of the July 2024 HSR transaction data and key economic indicators, emphasizing their impact on the eDiscovery sector. It explores the implications of...more

EDRM - Electronic Discovery Reference Model

June’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published June 18, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more

Integreon

Blueprint for Successful Second Request Document Review

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The question, “Have you worked on a second request?” is often met by a sigh or a knowing glance and accompanied by a story that shows herculean strength or the agony of defeat. Or both. Because of the sheer number of...more

Troutman Pepper Locke

Companies Can No Longer Afford to Slack Off in Preserving Chats and Messages

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Doubling down on guidance originally issued in September 2022, the U.S. Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) recently announced updates to standard preservation letters and...more

EDRM - Electronic Discovery Reference Model

December’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published December 21, 2023 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more

A&O Shearman

Overcoming eDiscovery-Related Chat Data Challenges Part 5 review and disclosure

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In this fifth and final post in our blog series addressing challenges related to the discovery of chat data, our eDiscovery experts continue providing practical advice for businesses when encountering chat data in...more

TransPerfect Legal

The Past, Present, and Future of Timing Agreements

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During TransPerfect Legal’s third annual Antitrust Clearance and Merger Enforcement conference, a panel of expert antitrust attorneys shed light on the evolving landscape of timing agreements during the second request...more

Vinson & Elkins LLP

What To Do When You’re Required To “Categorize” Your Electronically-Stored Information

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The familiar rigors of complying with requests for eDiscovery—searching for, reviewing, processing, and producing electronically stored information (“ESI”)—can be challenging enough. As of January 1, 2020, however, California...more

BakerHostetler

DOJ Corporate Criminal Enforcement Updates Shine a Spotlight on Texts and Instant Messaging Applications as Potential Evidence

BakerHostetler on

In September 2022, the U.S. Department of Justice (DOJ) issued a memo announcing revisions to the DOJ’s corporate criminal enforcement policies and practices....more

Association of Certified E-Discovery...

[Webinar] Responding to Second Requests – There’s a Better Way - November 3rd, 1:00 pm - 2:00 pm EDT

In the name of the “unique nature” of a Second Request review, experienced practitioners often maintain that only traditional review protocols will work, and unhesitatingly accept a production set that may be upwards of 50%...more

Reveal

Understanding HSR second requests

Reveal on

The M&A market had a record-breaking year in 2021 with more than $5 trillion in global volume. High private equity activity, a soaring stock market, and low-interest rates contributed to an exceptionally busy landscape, which...more

McGuireWoods LLP

DOJ’s Public Struggles with Electronic Evidence Underscore the Need for Counsel to Demand Discovery Early and Often

McGuireWoods LLP on

DOJ’s dismissal last week of a Foreign Corrupt Practices Act case in Boston is the latest in a string of bad outcomes for the government due to discovery mishaps. While the government works to revise its discovery policies...more

Association of Certified E-Discovery...

[Webinar] From Offer to Deal: HSR Second Request Best Practices - August 2nd, 1:00 pm - 2:00 pm EDT

New technologies, regulatory shifts, and an evolving economic landscape are transforming the M&A process (again). According to the FTC, HSR filings in 2021 more than doubled from the previous year, reaching a total of 3,644. ...more

EDRM - Electronic Discovery Reference Model

Examining a Leaked Criminal Warrant for Apple iCloud Data in a High Profile Case – Part 3

Inadvertently Disclosed Warrant Application Against Apple in a Criminal Investigation Against Retired Marine General Reveals Latest DOJ Search Procedures, the Dangers of Pacer and Too Much Court Record Transparency, and Much...more

EDRM - Electronic Discovery Reference Model

The Case That Showed Me The Value of E-Discovery Plans

(Originally published by Law360, Portfolio Media, June 15, 2022, 3:06 PM EDT) - In October 2016, AT&T Inc. announced its plan to merge with entertainment company Time Warner Inc., a historic $85 billion deal that was widely...more

EDRM - Electronic Discovery Reference Model

Examining a Leaked Criminal Warrant for Apple iCloud Data in a High Profile Case – Part Two

This article is Part Two of the blog Inadvertently Disclosed Warrant For Apple iCloud Data. Items To Be Seized – Search Procedures - In Attachment B to the Application, entitled, Items To Be Seized, the government describes...more

EDRM - Electronic Discovery Reference Model

Examining a Leaked Criminal Warrant for Apple iCloud Data in a High Profile Case – Part One

According to a June 7, 2022, New York Times report: "John R. Allen Federal prosecutors have obtained records indicating that John R. Allen, the retired four-star Marine general who commanded all American troops in...more

Epiq

How to Position Technology Assisted Review (TAR) With Government Regulators in Antitrust Matters

Epiq on

Regulators in the U.S. and abroad have been quick to recognize the value of technology-assisted review (TAR) workflows as important tools that can prevent massive data dumps and allow them to focus their analysis on critical...more

Association of Certified E-Discovery...

[Webinar] From Offer to Deal: HSR Second Request Best Practices - June 14th, 1:00 pm - 2:00 pm EDT

New technologies, regulatory shifts, and an evolving economic landscape are transforming the M&A process (again). According to the FTC, HSR filings in 2021 more than doubled from the previous year, reaching a total of 3,644. ...more

HaystackID

Speed, Slack, and Specialization: A Precision Approach to Second Requests

HaystackID on

Precision eDiscovery for Complex Antitrust Agency Investigations - Snapshot Summary: During the COVID-constrained summer of 2020, HaystackID™ supported a leading global finance platform company and its internationally...more

TransPerfect Legal

How to Improve Quality and Efficiency in Second Request Document Review

TransPerfect Legal on

On October 20, 2020, TransPerfect Legal Solutions (TLS) hosted an inaugural conference on recent developments in antitrust clearance and merger enforcement proceedings. This article is the second of a three-part series...more

TransPerfect Legal

The Effects of the 2020 Election on Antitrust Merger Clearance

TransPerfect Legal on

On October 20, 2020, TransPerfect Legal Solutions (TLS) hosted an inaugural conference on recent developments in antitrust clearance and merger enforcement proceedings. This article is the first of a three-part series...more

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