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Discovery Electronically Stored Information Federal Trade Commission (FTC)

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

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

TransPerfect Legal

[Webinar] eDiscovery Year in Review - December 5th, 12:00 pm - 1:00 pm ET

TransPerfect Legal on

Join us for our eDiscovery Year in Review webinar, where we will reflect on the significant developments that have shaped the legal landscape over the past year. In this engaging session, we will examine the transformative...more

EDRM - Electronic Discovery Reference Model

Analyzing Second Requests: Trends in Premerger Antitrust Review and Political Influence

ComplexDiscovery’s Editor’s Note: This concise analysis delves into the historical trends of Second Requests in U.S. antitrust review, spanning from 2000 to 2023. It explores how these trends correlate with presidential...more

Association of Certified E-Discovery...

Worried About Waiving Privilege via Inadvertent Production? You’ll Want to Read This.

In this week’s Case of the Week, I dive into a critical decision from FTC v. Amazon.com, Inc. (August 1, 2024), which underscores the precarious nature of privilege in document production—particularly in the context of...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

The Global Struggle Against Deepfake Technology: A Critical Overview

Complex Discovery Editor’s Note: The rapid evolution of deepfake technology, a sophisticated byproduct of artificial intelligence, has emerged as a significant challenge within digital media landscapes, affecting sectors from...more

Integreon

Blueprint for Successful Second Request Document Review

Integreon on

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

Troutman Pepper Locke on

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

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

Venable LLP

Spoliation and Failure to Disclose: What Gets Swept Under the Rug in FTC Investigations Lands in a Dangerous Pit

Venable LLP on

Once a company or individual learns they are a target of a Federal Trade Commission investigation, they need to quickly make a series of decisions, then take action. After being notified that the FTC has begun an...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

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

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

Epiq

Five Significant eDiscovery Rulings from 2021

Epiq on

At the beginning of every new year, it is important for legal teams to reflect on key eDiscovery case law from the year before that will influence future processes and case strategy. In 2021, the U.S. courts handled a variety...more

Farrell Fritz, P.C.

Court Sends Signal to Parties Who Spoliated Documents Using Ephemeral Messages

Farrell Fritz, P.C. on

Ephemeral messaging applications are considered solutions for data protection and privacy concerns (Blink, And I’m Gone: E-Discovery Challenges and Considerations With Ephemeral Messaging). However, courts are wary of...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

Association of Certified E-Discovery...

Kangaroo Court: Data, Time, and AI in the M&A Process

Whatever the type of M&A transaction, there is always the possibility that information may slip through the cracks. The growth in size and type of data exchanging hands throughout this process means that a more robust method...more

Association of Certified E-Discovery...

The Mindful Data Transfer – Bringing Balance to Cross-Border Discovery and EU Data Protection Obligations

The implementation of the European Union (EU)’s General Data Protection Regulation (GDPR) has raised a number of questions as to how best to approach cross-border discovery. Friction between legal holds and the “right of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2019 Insights: European Data Protection and Cybersecurity in 2019

Data protection laws in Europe evolved substantially in 2018, with the implementation of the General Data Protection Regulation (GDPR) and the Directive on Security of Network and Information Systems (NIS Directive) becoming...more

Morrison & Foerster LLP - Social Media

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

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