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U.S. antitrust enforcement is tightening, and e-discovery practitioners and vendors that have positioned themselves in the M&A market are expecting an uptick in work. But the influx of time-consuming and complex M&A discovery may drain resources for other corporate e-discovery matters.
To be sure, it's not just President Joe Biden's picks to lead antitrust enforcement in the U.S. Department of Justice or Federal Trade Commission that has heightened the e-discovery community's work expectations. Stiffer and more complex antitrust enforcement is also signaled by Biden's July 9 executive order on promoting competition, said Joey Seeber, CEO of alternative legal service provider (ALSP) Level Legal.
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There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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