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HSR Second Request

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.

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