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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

Axinn, Veltrop & Harkrider LLP

Who’s Blocking Me? Competition Law Issues With Healthcare Information Blocking

This week on the American Bar Association’s Our Curious Amalgam podcast, co-hosts Jeny Maier, Managing Partner at Axinn, Veltrop & Harkrider, and Matt Tabas, Antitrust & Competition Partner at Arnold & Porter, are joined by...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

Practical Measures to Streamline HSR Filings Under the Revised Premerger Notification Form and Associated Rules

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On October 10, 2024, the Federal Trade Commission (“FTC”) published new and expansive regulations for filing notifications under the Hart Scott Rodino (“HSR”) Act. Among other things, HSR notifications now require the...more

TransPerfect Legal

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

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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

BakerHostetler

Deeper Dive: Preserving Ephemeral Messaging - Capture Data Before Its Ghosts Haunt Your Compliance

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Organizations whose mantra is “We just never delete anything” (i.e., organizations simply retaining all information indefinitely) are now facing headwinds, especially when the information contains personal information. As our...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

Array

This Week in eDiscovery: Clawback Procedures and Search Terms Versus TAR

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of August 26-September 1. Here’s...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

Array

This Week in eDiscovery: The Need to Preserve Passwords, New Challenges Over Legal Hold Notices and Privilege

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of July 22-28. Here’s what’s...more

Array

This Week in eDiscovery: The Duty to Preserve Ephemeral App Data, Employee Compliance with Electronic Communication Rules

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of July 8-14. Here’s what’s...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

Array

This Week in eDiscovery: Masters Conference Panelists Discuss ESI Protocols, Array’s Attachment Solutions

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of April 22-28. Here’s what’s...more

Lighthouse

Emerging Trends in Second Requests

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From increasing regulatory scrutiny to the best way to handle modern attachments, experts share their insights, best practices, and projections to help organizations and law firms prepare for upcoming Second Requests....more

Epiq

Final HSR Filing Requirements Are Coming Soon: The Significant Data Implications

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The wait for the final version of the revised Hart-Scott-Rodino (HSR) Filing Requirements is drawing to an end. At the ABA Antitrust Spring Meeting in Washington last week, Andrew Forman, a deputy assistant attorney general...more

Reveal

[Webinar] No longer amateur hour: The new normal of data preservation - April 24th, 1:00 pm - 2:00 pm ET

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Join us for a comprehensive discussion led by distinguished speakers, including U.S. SEC Senior Counsel and Senior Managing Director at FTI Consulting, as they shed light on navigating the intricate landscape of data...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

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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

Mayer Brown

New FTC and DOJ Antitrust Division Document Preservation Guidance Takes Aim At Collaboration Tools and Messaging Platforms

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The FTC and DOJ’s Antitrust Division recently announced that they are updating their guidance regarding how parties in enforcement and investigative matters must preserve electronically stored information (“ESI”) from...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

TransPerfect Legal

Deploying Technology-assisted Review in Merger Clearance Proceedings

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In today’s ‘big data’ environment, the greatest obstacle to an efficient and streamlined merger clearance proceeding is the sheer volume of electronic documents that modern businesses generate. Fortunately, sophisticated AI...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

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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

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