It is no secret that litigation can arise during or after a merger transaction. To be better prepared, it is best to have a plan of action ready to streamline the process. The question then becomes how competition advisers can leverage technology and expertise for ongoing or threatened litigation. To guide this process, below is an overview of what should happen early on to be more efficient and manage costs.
As in all cases, it all starts with determining the scope of the issue. This involves identifying the custodians and location of key data in order to be able to initiate appropriate legal safeguards. Data mapping is useful to ensure that all sources of information are preserved. When it comes to forensic retention technology, advanced software solutions can create the peace of mind that there is defensible preservation of data. When a merger dispute arises, there will likely be an overlap with data already collected for merger review or second request/ Request for additional information (SIR). If it becomes clear that after responding to a CRS that the merger review process will be contentious, the best practice is to keep the original database used for the review. Archiving this database will reduce costs and allow you to easily bring it back online in the event of a dispute. Keep in mind that additional data may be required. However, keeping the original document repository is a good starting point that reduces time and costs.
Understand your data and choose the right partner
In addition to partnering with a vendor who can help you with the above, look for one who can provide a more in-depth view of your data in the early stages. Understand your data and deployment of analyzes Early in the assessment of the case is crucial for the success of the case, as it helps identify potential issues, risks or themes that support your position. After extensive consultation on the nature of the case and the specific objectives, we can dive in and query the dataset using the best tools for the data in question. Domain expertise along with knowledge of competition law helps inform and streamline the process, resulting in detailed analysis to guide strategic decisions. Scans can identify irrelevant documents to narrow down the future discovery dataset, flag key data that may be hidden, extract key themes, and provide a better perspective on case costs. A specific benefit is being able to use key merger review documents to find similar documents present in the extended litigation dataset. Case Insights can handle this task and help lawyers develop strategy
Once we generate a report with our findings, a virtual meeting takes place to explain and shed light on the location of key information on the data. Having some of the investigative work done early on informs the legal team about risks and improves strategic decisions. This will save considerable time and money as litigation progresses as it gives you a head start with eDiscovery and allows for a more focused game plan. Leveraging proven processes and technology is a smart tool competition advisors can use when a dispute arises or looms on the horizon.