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Success with H5's “Key Document Identification” in Major Antitrust Matter

Identifying key documents can be the most critical—and the most difficult—task of any litigation or investigation. And when the data population is huge and the stakes are high, counsel really feels the pressure.

The Matter

A major media company was facing up to $2.5 billion in damages related to an antitrust class action alleging the company had monopolized a market for promotional products.

With productions from multiple plaintiffs and several third parties in addition to its own, counsel faced a document population that had grown to more than 9 million. To address the formidable task of finding the key documents to support the case narrative, establish facts and prepare for more than two dozen upcoming depositions, counsel had gone through significant effort and expense to assemble a large team of contract attorneys to review documents. But, concern was rapidly growing that the review team wasn’t finding all the documents they needed, and the pace was much too slow.

H5’s Key Document Identification vs. Contract Reviewers

H5 proposed Key Document Identification (KDI), its proprietary search method for targeting the documents that matter. The company and its law firm decided to proceed with H5’s approach, but to hedge their bet, they kept the contract reviewers working simultaneously until H5’s value could be proven. They directed H5 to focus on areas that had been the most challenging and elusive to the reviewers. The case team was hopeful—but skeptical.

A week later, H5 made its first delivery. Using their proprietary search technology, H5’s experienced search experts found and delivered a bevy of key documents that were exactly what counsel had been trying to find for months. To say the case team was surprised and delighted would be an understatement. Over the following two weeks, H5 continued to deliver on-point documents that had eluded counsel, bolstering the case team’s confidence.

The contract review team was soon disbanded and H5’s professional search professionals became the case team’s trusted partners in locating key documents for fact development, motion practice, deposition preparation and damages analysis.  Counsel said that they were consistently well prepared for the myriad depositions and settlement negotiations, and were never blindsided by any information that arose.  Armed with this knowledge advantage, counsel ultimately achieved a very favorable settlement for the client.

UPSHOT: H5’s expert search team used proprietary tools and methods to surface documents that a large case team had been unable to find for months and might never have found. Counsel was always well-prepared and confident that there would be no surprises at depositions. Their partnership with H5 allowed them to shift their focus to case strategy and preparation, trusting that documents key to the matter would be in front of them at each step. The result was a very successful outcome for the client.


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