April 2022 - Handling Data in US Antitrust Merger Reviews
SYNOPSIS:
US Government regulators have specific and detailed requirements around the production of data, the use of technology and analytics tools, and the treatment of privileged information. Our discussion will cover the essential elements related to the treatment of data in US Second Requests and Recent Market developments.
The one-hour program touches on the following subjects:
1. The Big Picture
- The Importance of Timing
- The Necessity of Close Connection Between the Legal Team and the ESI Provider
- Understanding the Details and Nuances of Agency Requirements
2. Key Forensic Issues
- Responding to the Government’s Questionnaire
- Interviewing Relevant Custodians
- Handling Data in Multiple Jurisdictions
- Newly Emerging Data Sources (Slack, MS Teams, Box, Google Drive, Cloud, Mobile Chats)
- Remote Collections – The Impact of Covid
3. Data Processing and Production Requirements
- Understanding the ESI Protocols (Differences Between the DOJ and FTC)
- Handling Specific Data Types
- Email Threading and De-Duplication Processes
- Foreign Language Documents (Machine Translation Protocols)
- Production Standards (Test and Final Productions)
- The Importance of Rigorous Quality Control Standards
4. Technology Assisted Review (“TAR”)
- Agency Approaches to TAR – the DOJ and FTC
- Standard TAR Workflows for Second Requests
- Role of the Legal Team in Training the Algorithm
- Reporting Requirements on TAR Training and Results
- Agency Sign-Off on TAR Protocols
- Analysis of the Produced Document Set
5. Document Review
- Strategies to Handle Reviews Efficiently
-
- “Privilege Only” Reviews
- Review of Non-TAR Documents
- Foreign Language Documents
- Identification/Review of Privileged Content
-
- Understanding the Agencies’ Privilege Downgrade Rules
- Creating an Effective Privilege Screen
- Role of Artificial Intelligence in the Privilege Identification Process
- Handling Redactions for PII/PHI; Native Redactions
- Creating and Finalizing the Privilege Log
-
- Specific Agency Requirements re Descriptions
- Name Normalizations and Supporting Documentation
6. Post-Production Analysis
- Advocacy Support for Ongoing Data Needs, e.g., Depositions, Merger Challenges
ERIN TOOMEY | SENIOR DIRECTOR, LEADER OF ANTITRUST AND COMPETITION PRACTICE
Erin is a Senior Director and the leader of Epiq’s Antitrust and Competition Practice, based in Washington, DC. She has over 15 years of experience in eDiscovery and government investigations, with specific expertise in global antitrust matters. During her career, Erin has managed client services and delivery for complex eDiscovery matters, including strategy advisory for document collection and processing, technology assisted review (TAR), complex multi-tiered review workflows, and productions. She has advised and partnered with antitrust clients in negotiations directly with the DOJ and FTC related to productions standards, provisions for TAR compliance, foreign language translation, and timing agreements. In addition to US Second Requests, subsequent litigations, and enforcement actions, Erin has consulted regarding compliance with Canada’s Competition Bureau (CCB), the UK’s Competition and Market Authority (CMA), and the EU’s Competition Commission (EC) investigations into potential antitrust matters. Throughout her career, Erin has overseen teams in over 40 antitrust matters, including three of the top 20 mergers since 2000. Erin received a B.S. Management Information Systems from Wake Forest University.
EDWARD BURKE | SENIOR VICE-PRESIDENT, LEGAL SOLUTIONS
Ed is a Senior Vice-President of the Legal Solutions Group at Epiq and is one of the leaders of Epiq’s Antitrust & Competition Practice Group. He has overseen document review projects for over 50 complex antitrust/competition matters in the United States, Canada and Europe. Ed also heads up Epiq’s Enhanced Attorney Services offering. He has more than 15 years of litigation experience at major law firms. At Weil Gotshal & Manges, Ed was a member of the firm’s complex commercial and intellectual property litigation groups. He served as Joint Liaison Defense Counsel for data/electronic discovery issues in a six-year MDL RICO conspiracy class action brought by all U.S. doctors against eight major healthcare insurance companies. Ed led a team that built one of the largest litigation databases ever deployed and worked closely with data and damages experts to assess the plaintiffs’ allegations of parallel conduct among the healthcare insurance company defendants. He also played a lead role in the first trade secrets and copyright actions challenging the unlawful distribution of DVD encryption codes on the Internet. Ed has litigated cases for a wide variety of clients. He received a JD from Fordham University Law School, where he was Chairman of the Moot Court Board. Ed is a frequent writer and speaker on the effective use of technology in the discovery process.
LOCATION:
ONLINE! Meeting link will be sent to all registered attendees prior to the meeting start time
DATE & TIME:
04/21//2022 @ 12pm
ONLINE PRESENCE SPONSORED BY: EPIQ
Register your attendance* on our website today!
*The guest fee for non-members is $15. MALSP accepts PayPal here:
https://paypal.me/mnalspu
*Become a member here: https://mnalsp.org/membership
