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Electronically Stored Information Federal Trade Commission (FTC)

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

Onna Technologies, Inc.

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

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

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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

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

TransPerfect Legal on

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

Hinch Newman LLP

FTC CID Attorney on Considerations for Digital Marketers When Selecting Regulatory Investigation Defense Counsel

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You received a Civil Investigative (CID) from the Federal Trade Commission related to a consumer protection matter. Now what?...more

Onna Technologies, Inc.

Understanding HSR second requests

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

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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

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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

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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

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