FTI Technology Delivers Fast-Paced Phase II Investigation and Privilege Review

When the EU Competition Commission launched a Phase II investigation into the establishment of a joint venture, the parties’ law firm needed support to review over 55,000 documents in just nine days.

Our Role

Leveraging the expertise of FTI Technology’s managed review team, the law firm initiated a fast-paced forensic document review to identify EU legal professional privilege (LPP) and redact partially privileged information contained within documents.

With a set of search terms potentially related to privileged content, and a nine-day deadline, FTI supported the review with outside counsel, through steps including:

• Mobilising a team of qualified lawyers with appropriate background and language skills within 24 hours.
• Implementation of proven workflow efficiencies executed by high-calibre forensic specialists and review staff.
• Assessing solutions to determine which would have the greatest impact on streamlining and supporting a managed review workflow, evaluating for capabilities including threading and de-duplication.
• Establishment of privilege log fields to capture information required for the privilege log, including EU LPP category type, subject matter and context, among others.
• A detailed privilege review, in which 29 different coding choices were considered per document, in order to identify privileged content and simultaneously prepare the corresponding privilege log.
• Daily collation of review room questions and counsel responses via a decision log to ensure accurate and consistent privilege coding within the first-level review team, reducing need for re-review.
• Escalation of certain coded documents for secondlevel review, on a rolling basis.
• Completion of a redaction exercise to remove partially privileged content from the documents.