Timing is Key
Doug Austin

Timing is Key for Meeting HSR Second Request Timelines: eDiscovery Trends

When it comes to meeting timelines for HSR Second Requests, timing is key. The latest post from Cimplifi in the HSR Second Request series discusses how the HSR timeline can be a process of hurry up and wait.

Their post (For HSR Second Requests, The Need for Speed is About Timing) discusses the how the HSR Act and various rules associated with it require parties involved in mergers and acquisitions to submit premerger notification filings, then wait before completing the transaction. After announcing the transaction, the parties involved file an HSR notification with the FTC and DOJ (for § 801.30 transactions, only the buyer’s filing must be received). Once the filing is complete, the clock begins ticking with up to two waiting periods, depending on how the process unfolds, so timing is key.

One of those is the initial waiting period, which is 15-30 days: 15 days for cash tender offers and 11 USC § 363 bankruptcies, 30 days for everything else.

KLDiscovery

So, what are the three potential outcomes associated with the initial waiting period? When does the second waiting period come into play? And what are the possible outcomes of the Second Request? Find out that and more here! And please share any comments you might have or if you’d like to know more about a particular topic. HSR Second Requests may dictate a need for speed, but speed without control can cause you to “crash and burn”! Timing is key!  😉

Disclosure: Cimplifi is an Educational Partner and sponsor of eDiscovery Today

Disclaimer: The views represented herein are exclusively the views of the authors and speakers themselves, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

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