News & Analysis as of

Second Requests

Stevens & Lee

Compare and Contrast: Key Differences Between the FTC’s Proposed Rule and Final Rule Amending Premerger Notification Requirements

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This white paper details the significant differences between the Federal Trade Commission’s Proposed Rule and recently issued Final Rule with respect to various premerger reporting requirements under the Hart-Scott-Rodino...more

Lighthouse

Navigating the New Reality of HSR Second Requests

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Regulatory changes and government antitrust scrutiny of merger and acquisition activity have led to increased attention to Hart-Scott-Rodino (HSR) Second Requests. The past few years have been busy in the M&A space. In...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

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

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

EDRM - Electronic Discovery Reference Model

[Zoom Roundtable] A RAIR Opportunity: Stump the eDiscovery Experts - April 13th, 1:00 pm ET

Join Mary Mack ,CEO and Chief Legal Technologist, EDRM, Tom Gricks, Lead Strategy Consultant, OpenText, and Tracy Drynan, Principal Consultant, OpenText, for an interactive discussion. Bring us your most challenging use...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

Lighthouse

A New Deal: Tackling HSR Second Requests with Key Documents

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Among data challenges that businesses and their law firms face, those surrounding mergers and acquisitions are arguably some of the most daunting. Fast-paced and demanding, the high-stakes M&A process is like an amped-up...more

Lighthouse

A Dynamic HSR Landscape Spells Uncertainty for Second Requests

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A Second Request for a Hart-Scott-Rodino (HSR) filing thrusts companies and their counsel into a high-stakes race against time, complicated by massive data volumes and strict requirements. Policy and enforcement shifts by the...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

HaystackID

A Hart-Scott-Rodino Act Transaction Update (June 2022)

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Editor’s Note: The Hart-Scott-Rodino Act established the federal premerger notification program, which provides the FTC and the Department of Justice with information about large mergers and acquisitions before they occur....more

Lighthouse

2021 Second Request Trends Report - A Look At HSR Second Requests In 2021 And What We Can Expect For 2022

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Federal agencies don’t publish official Second Request transaction numbers until late the following year. But recent trends suggest a high volume of activity for 2021 and 2022, as well as a stricter regulatory and political...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

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

Lighthouse

Closing the Deal: Deploying the Right AI Tool for HSR Second Requests

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With strict timelines for deals and increasing regulatory scrutiny over M&A activity, it’s critical that legal teams are equipped with the right people and tools to respond to HSR Second Requests. But which AI tool is right...more

Lighthouse

Unlocking Key HSR Second Request Data

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The landscape for Hart-Scott-Rodino (HSR) filings has undergone immense flux over the last two years. The economic upheaval of the COVID-19 pandemic and regulatory shifts of a new presidential administration have impacted...more

Epstein Becker & Green

FTC Announces Proposed Changes to Second Request Process, but Commissioner Phillips Raises Concerns

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On September 28, 2021, the Federal Trade Commission (FTC) issued a blog post announcing several changes to how the FTC will investigate mergers and acquisitions and how it will approach second-request negotiations. The blog...more

Association of Certified E-Discovery...

[Webinar] Key Considerations for HSR Second Request Productions: Corporate, Law Firm, and Service Provider Perspectives - March...

Responding to a second request requires close and continuous cooperation between counsel, client, and production vendors throughout the eDiscovery lifecycle. Each progressive step demands meticulous attention and...more

TransPerfect Legal

How to Improve Quality and Efficiency in Second Request Document Review

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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

Association of Certified E-Discovery...

[Webinar] The Dynamics of Antitrust Agency Investigations: A Second Request Update - October 14th, 12:00 pm - 1:00 pm ET

HSR Act-driven Second Request responses require an uncommon balance of understanding, expertise, and experience to successfully deliver certified compliant responses. Recent FTC and DOJ updates, coupled with the increasing...more

Lowenstein Sandler LLP

Cannabis Mergers Skewed Hart-Scott-Rodino Report Data

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The Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice released the Hart-Scott-Rodino annual report for fiscal year 2019 on July 8, 2020. For more than 40 years, the data provided in each...more

Sheppard Mullin Richter & Hampton LLP

High Risk Of Second Requests In The Cannabis Industry

The cannabis industry faced heightened antitrust scrutiny from the Department of Justice (DOJ) in 2019. There were public reports regarding several “Second Requests” seeking information about potential cannabis transactions....more

Bass, Berry & Sims PLC

New HSR Annual Report Indicates Trends of Agency Challenges to Transactions, Renewed Interest in Healthcare Transactions

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The 2018 Hart-Scott-Rodino Annual Report (the 2018 HSR Report), recently released by the Federal Trade Commission (FTC) and the Department of Justice’s (DOJ) Antitrust Division, conveys information about their review of...more

McDermott Will & Emery

The LATEST: FTC “Second Requests” to be Narrower in Scope under Ohlhausen’s Leadership

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Transactions that meet the Hart-Scott-Rodino thresholds for notification must be reported to the Federal Trade Commission (“FTC”) and Department of Justice. Where a notified transaction raises competition concerns, the...more

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