Deloitte Second Request Services
Knowledge, experience, and scalability to help you meet a second request
Attempting to complete a critical merger or acquisition can be a daunting challenge for a company and its antitrust counsel, especially when a Request for Additional Information and Documentary Materials, otherwise known as a "Second Request," is ordered. Deloitte Discovery has worked with organizations, law firms, and regulators on some of the largest and most complex Second Requests. We bring the people, technology, resources, and experience to help you keep the deal on track while tackling the formidable challenges posed by Second Request compliance. Leveraging the knowledge gained from our experience has enabled us to help you anticipate road blocks and overcome them, as well as assist you with planning for Second Request compliance from the moment the request is issued. Furthermore, Deloitte Discovery offers true end-to-end coverage of the Second Request process-from preservation through collection, processing, review, and production.
- People and technology: By using technology and other demonstrated eDiscovery tools, we can help counsel organize, cull, and prepare data for review. Moreover, our personnel can assist you in selecting the applicable culling work-flow prioritization strategies for the matter, whether that involves de-duplicating data, crafting basic word searches, or employing the latest technology to facilitate concept clustering or document seeding.
- Managed Document Review: Deloitte's experienced team of reviewers can be rapidly trained on the particular facts and issues presented by a Second Request to help accelerate the time it takes to get to review and identify data required to move the investigation along.
- Production: Deloitte brings the capacity to produce responsive materials in many desired formats promptly and efficiently.
An example of our experience
A national law firm engaged Deloitte on behalf of a Fortune Global 500 manufacturing company, which had received a Second Request from the Department of Justice ("DOJ") Antitrust Division for an $800 million acquisition.
The Second Request required the rapid collection, processing/hosting, review and production of a large volume of disparate data from both companies for the purpose of responding to the antitrust subpoena. We worked with the Deloitte Touche Tohmatsu Limited member firm in Japan to collaborate in collecting and preserving over 11.5 TB of data from various network repositories for more than 60 custodians in the US and Japan. We then helped the client cull the review population to 1.1 TB of hosted data, helped develop and run highly targeted searches across the review population, and handled the Japanese-to-English translation process. By effectively managing more than 140 active reviewers, we were able to produce 750,000 documents to the DOJ in less than the 60-day required timeframe.
As a result of our efforts, the client effectively and defensibly responded to the Second Request and met the DOJ’s aggressive deadlines, which ultimately led to a successful acquisition.