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Electronic Discovery Surpasses Paper Filings in M&A Regulatory Reviews.

Article Excerpt
Computer files have nearly replaced hard-copy document creation and storage in most companies. Each day, 9.8 billion e-mail messages are composed and sent, accounting for about half of all new electronic information created each year, according to the New York Times.

Consistent with this change in business practices, the Justice Department and the Federal Trade Commission the government agencies responsible for reviewing deals for possible anti-competitive effects - now routinely direct organizations to produce electronic data as part of the agencies' investigations.

To solicit input on improving its merger investigation process, the FTC in June held meetings in five cities with corporate personnel, attorneys, economists, consumer groups, and others with an interest in deal review. These workshops highlighted the government's increasing interest in electronic documents and confirmed that producing electronic data in response to government requests is one of the most widely discussed issues among antitrust attorneys and their clients today.

Producing necessary documents in mergers and acquisitions can strain a firm's resources and affect a deal's schedule. Businesses involved in mergers and acquisitions could benefit from selecting skilled legal counsel and an experienced electronic discovery service provider to help craft and implement a successful response plan.

Businesses generate an astounding...

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