Antitrust cases may provide good opportunities for litigation support professionals to push for the implementation of processes like predictive coding or other automated e-disocvery techniques. If an initial submission is not sufficient, a 'HSR Second Request' under the Hart–Scott–Rodino Antitrust Improvements Act may require a business to make a document production if the DOJ or FTC finds a proposed merger, acquisition or transfer of securities or assets may harm commerce under the antitrust laws. After the second request is compiled with, the transaction must be put on hold for at least 30 days. This puts a lot of pressure on firms to roll out a production quickly. Use a tough deadline like this to push for the early adoption of predictive coding or other types of TAR.



Predictive coding has been one of the most talked about new technologies in the litation support world in recent years. However predictive coding is just one form of Technology's Assisted Review (TAR). Another form is Accelerated Review. Accelerate Review goes a step beyond Linear Review (ordinary document coding) by having individuals label clusters of documents. The clusters may beformed based on the similar number of occurences of certain words in sets of documents, while excluding boilerplate language, or by near duplicate detection The process is also referred to as bulk coding.


Sean O'Shea has more than 15 years of experience in the litigation support field with major law firms in New York and San Francisco.   He is an ACEDS Certified eDiscovery Specialist and a Relativity Certified Administrator.

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