Responding To Second Requests In The Era Of Big Data

Law360, New York (March 31, 2016, 1:02 PM EDT) -- Despite reforms undertaken by both the U.S. Department of Justice and the Federal Trade Commission (collectively the "agencies"), complying with a second request remains a costly and time-intensive process. A recent survey found that the median cost of compliance was $4.3 million, although this likely understates the true cost because it does not capture the costs associated with employees of the merging parties being distracted from their usual business duties as they work to comply with the agencies' requests.[1] Although second requests require the production of large volumes of both documents and data, compliance with the data-intensive specifications can be particularly challenging. The sheer volume and scope of data demanded in a second request can be staggering, but this burden can be managed effectively by engaging with the legal and economics staff at the agencies....

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