HSR Second Request

Problem:

Encore’s client had to fulfill a Hart Scott Rodino Second Request, requiring production of responsive document identified from a collection of more than 5 terabytes worth of documents. All the data had to be analyzed and reviewed so documents relevant to the merger could be delivered to the Department of Justice in 45 days.

Solution:

Encore started by forensically preserving all data and then systematically culled down the data set. By using process- and technology-based data minimization techniques, Encore was able to reduce the data set by more than 96% prior to document review.

Knowledge:

Based on its extensive experience with Second Requests, Encore knew that it would likely be able to reduce the data set substantially by creating directory trees and interviewing custodians first and then further by applying keyword search techniques. Encore’s understanding of techniques for managing redundant data allowed for a quicker and more efficient document review.

Process:

Encore started by creating directory trees and – along with outside counsel – interviewed custodians to identify folders where data might reside, resulting in a reduction to 600 gigabytes. Encore then applied standard deduplication, keyword searching and other data minimization techniques to cull the data set down to 300 gigabytes, which were processed for native review. Since 300 gigabytes still represents more than a million documents, Encore then ran near-duplicate identification and thread compression technology, reducing the amount of email to be reviewed by 40%.

Technology:

Encore used its proprietary processing engine as well as best-in-breed solutions, applying kCura’s Relativity as a review platform and Equivio to compress e-mail threads and identify near-duplicates.

Outcome:

Encore’s data-reduction techniques reduced the cost of document review by more than $200,000 – and allowed the client to produce the responsive documents by deadline.