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Increasing Speed and Confidence in Second Request Responses with New Technologies

By David J. Laing

Responding to Hart-Scott-Rodino Act Requests for Additional Information and Documentary Materials (more commonly known as “Second Requests”) presents substantial challenges in assembling a comprehensive and complete production of requested information and documents from company archives. The schedule is always limited, and the results must always be defensible against government challenge that the Second Request response is inadequate. Moving Second Request document productions forward rapidly, without sacrificing quality, can determine the success of the transaction.

Recently, while helping a client complete its Second Request response, Baker & McKenzie deployed predictive coding technology. Predictive coding, or document prioritization, is a process by which, using direction from as few as one attorney reviewing documents, software is able to apply that direction across an entire corpus of documents, coding a large body of documents at a fraction of the time and cost of individual document review. Baker deployed this technology to leverage the knowledge of its legal team and to decrease the time required to select documents for production in response to a U.S. Department of Justice (DOJ) Second Request. Results of this work not only helped the client complete its transaction on schedule, but also provided a model for future work on similar projects.

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