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Marra Discusses Increase in HSR Second Requests

May 16, 2024

Senior Attorney Bryan Marra was recently quoted in the Lighthouse article, “Navigating the New Reality of HSR Second Requests.” The article discusses how regulatory changes and government antitrust scrutiny of merger and acquisition activity have led to increased attention to Hart-Scott-Rodino (HSR) Second Requests, which require additional information such as business documents and data about a company’s products or services, market conditions where the company does business, and the competitive effects of the merger.

Marra told Lighthouse that the increased attention to Second Requests has led to “an emphasis on complying quickly without negotiating a timing agreement” with the Federal Trade Commission and Department of Justice. “This puts more pressure from an eDiscovery standpoint on producing quickly and oftentimes without the benefit of the modifications to the privilege log or refreshed collections that you might ordinarily receive,” Marra continued.

Read the full article.