Best Practices In Second Request Document Review: Eliminating the Fear Factor

The burdens of complying with second requests are onerous. The mere thought of undergoing such an exercise tends to strike fear in the heart of the legal department. This article series outlines the major challenges of second requests, suggest strategies to overcome them, and discuss how to face a second request with equanimity and confidence.

января 30, 2023 at 03:50 PM

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What You Need to Know

• The Hart-Scott-Rodino (HSR) Act established the federal premerger notification program whereby the parties to certain proposed transactions must submit premerger notification to the FTC and DOJ.
• If the FTC or DOJ seek additional information, they do so via what is known as known as a “Second Request.”
• The Biden Administration’s initiatives in response to the flurry of M&A activity in recent years seem highly likely to result in increased numbers of second request investigations.

This article appeared in Cybersecurity Law & Strategy, an ALM publication for privacy and security professionals, Chief Information Security Officers, Chief Information Officers, Chief Technology Officers, Corporate Counsel, Internet and Tech Practitioners, In-House Counsel. Visit the website to learn more.

HSR second requests have become increasingly common in mergers or acquisitions that meet the premerger reporting threshold, which in 2022 was a transaction value of more than $101 million. The burdens of complying with second requests are onerous. The mere thought of undergoing such an exercise tends to strike fear in the heart of the legal department. In this article series, we’ll outline the major challenges of second requests, suggest strategies to overcome them, and discuss how to face a second request with equanimity and confidence.

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