Two healthcare companies planned a merger and faced an antitrust ‘Second Request’ investigation. In addition, the companies anticipated that following compliance with the Second Request, the government would issue antitrust litigation against them. The companies faced two challenges – complying with the Second Request investigation, and preparing for the impending litigation.
When the actual “Second Request” was issued by the Federal Trade Commission (FTC), the company had just 60 days to respond. Both healthcare organizations wanted an e-discovery partner with experience handling complex Second Requests and other compliance-related investigations and litigation. In addition to the high-stakes pressure of a typical Second Request, this project required specific security and workflow designs to ensure that highly sensitive patient data remained secure and in compliance with the Health Insurance Portability and Accountability Act (HIPAA).
Because of FTI Technology’s deep expertise in Second Requests, including the company’s experience working on dozens of Second Requests over the past several years, both healthcare companies in the merger selected FTI Technology as their e-discovery partner. In addition to the Second Request expertise, the FTI team provided a deep bench of experienced analytic review lawyers to conduct research on the data for the post-Second Request litigation. This research was implemented to assist counsel with finding key documents faster, better enabling the legal team to prepare deposition and white paper documents and effectively argue the matter. The team of researches provided insight on both positive and negative information relating to the case, better arming counsel to present their arguments and anticipate data and arguments presented by the FTC at the time of deposition and trial. FTI’s offering included:
FTI’s offering included:
Despite several challenges, including changing thematic priorities, rolling collections, and shifting deposition timing, the Second Request data was safely produced to the FTC within the 60 day deadline. After starting with over 8 million documents, through culling, predictive coding, analytics and privilege review, the healthcare companies produced less than 700,000 documents in total. FTI’s managed review team, through its expertise and analytics, helped in-house counsel and the law firm achieve substantive compliance as requested, on time, and within budget.