HSR Second Request Case Snapshots.

H5’s HSR review service provides an end-to-end solution to meet even the most aggressive timelines. Counsel simply shares review objectives with a dedicated H5 engagement team, and our search experts go to work, using H5’s advanced search and TAR technology to identify what’s required for a fast production.

Second Request for Health Insurer Acquisition


Situation: A Fortune 100 health insurance provider seeking to acquire another company was racing against a regulatory deadline that would significantly erode the value of the underlying deal if it were missed. The U.S. Department of Justice issued a second request, requiring the review of nearly 8 million documents. Could it be processed, searched and reviewed in time? Or would the deal fall apart?

What H5 did: With our HSR Review Services team in place, H5 was able to complete all intake, processing, culling, review and hosting services in the span of 30 days to meet the client’s aggressive timeline:

  • H5 received, processed and indexed the data, achieving a substantial 88% reduction in data volume through the application of de-duplication, filtering and search terms in just 6 days.
  • Next, our expert search team designed, tested and implemented search terms encompassing 10 issues that would identify responsive documents; the applied search further reduced the remaining data volume by 40%.
  • As we verified the accuracy of our results, the responsive set was rolled into Relativity, enabling the deal team to conduct a parallel second-pass privilege review of documents H5 identified as potentially privileged.
  • Meanwhile, the remaining responsive documents were imaged in preparation for production.

Upshot: H5 met the client’s timeline and budget, and delivered a more accurate work product, thus positioning the client for success before the DOJ.


 FTC and EC Productions for Telecommunications Company


Situation:  A major telecommunications company faced a complex FTC HSR Second Request and subsequent European Commission requests for production.

What H5 did:  After consultation with the case team, H5 developed a responsive specification that mapped 34 FTC second request specifications to seven detailed subject matter categories considered responsive to the specifications and applied them to a population of more than 2.5 million documents, providing results in less than 45 days.  Exemplar documents were reviewed with counsel to confirm H5’s understanding of this subject matter and the criteria for designating a document responsive. In addition:

  • H5 developed a schema for mapping responsive subject matter from the FTC productions (including document sets not sent to H5) to eleven EC specifications. Where there were gaps, H5 conducted additional development to categorize the productions properly to the EC specifications.
  • As new EC requests were added, H5 developed the requisite additional categorizations.
  • H5 tagged responsive documents that were potentially privileged to protect them from inadvertent disclosure and to isolate them for definitive privilege assessment by counsel.

Upshot: H5 helped simplify a complex process for a timely production, provided substantial leverage for EC review and afforded significant client cost reduction.