Hart-Scott-Rodino (HSR) Second Requests: High Volumes, Short Timelines, High Stakes

FTI Technology Understands Second Requests and Can Help You Manage Them to Success

Spanning massive data sets, multiple custodians and global locations, Hart–ScottRodino (HSR) Second Requests can easily overwhelm an organization—pushing a legal team outside of its comfort zone to face unfamiliar challenges. And when the penalty is a large fine or even a failed merger, the stakes cannot be higher.

With over 50 matters successfully completed, we are a tested and proven guide through the Second Request process. We have designated Second Request teams, deep experience with the relevant regulatory bodies and a vetted Second Request playbook that incorporates our leading-edge technology and workflows. And we marry this experience with the flexibility and ingenuity necessary to handle the unique characteristics of each client’s project. FTI’s experience and technology help ensure timely and accurate productions to antitrust regulators every time.


FTI creates a complete Second Request service for firms and corporations. Starting with initial meetings with the legal teams to determine the scope and format of the project, the FTI team then develops and executes on required deadlines and review workflows. The team also performs complex data collection, processing and hosting as well as multiparty production throughout the life of the project.


FTI Technology can leverage your preferred e-discovery platform to provide a flexible and cost-effective solution for your Second Request. Our team is experienced with a broad range of legal review software and can use your platform’s data analytics and predictive coding functionality to quickly find relevant documents. If appropriate, FTI Technology can also utilize its own analytics software to supplement any software and help ensure an efficient review.


The FTI Second Request organization includes authorities on Second Request law and procedure, expert technologists, and a skillful team of consultants and reviewers that work around the globe. The FTI team, including our M&A consulting arm as well as the Second Request team, has established relationships with relevant regulatory bodies built of the sheer number of projects and successful outcomes that we have engineered for clients with both the FTC and DOJ. Our commitment to collaboration, visibility and superior communication with all parties involved combined with our nuance understanding of each step of the Second Request process makes our team unparalleled in the space.

Defense contractor case study graphic

Case Study

Second Request for a Large Defense Contractor

With nearly two terabytes of data located in five different countries including the EU, a large defense contractor contacted FTI to collect, process, review and produce documents under International Traffic in Arms (ITAR) Regulations, which required multilingual US citizens to conduct the review.

The FTI team advised on data privacy then collected and processed close to two TB of data. FTI used advanced analytics software to cull the data set from 5.4 million to 2.6 million documents. Predictive coding further reduced the population to 700,000 documents. Using multilingual review attorneys, FTI produced 480,000 documents within eight weeks, meeting all deadlines imposed by the government. The project came in under budget and FTI’s client saved over $1 million.