If you’re going to title your write-up “The Comprehensive Guide to Second Requests” it had better be comprehensive! This one is.

The post titled (you guessed it!) (The Comprehensive Guide to Second Requests, available here) was written by Chuck Kellner, Senior Strategic Discovery Advisor at Everlaw and Kevin Clark, CEO of Right Discovery.

One of the interesting characteristics of the Guide is the order of topics. Chuck and Kevin jump right in to topics like Hold, Collection, Uploading, and Processing, Issue Spotting, Analysis and Negotiation of Scope, Speed to Production, Transparency, Speed of Review and Compliance Standards before covering some of the basics like “What Is the HSR Act?” This organization enables readers interested in the “nitty-gritty” to find them at the top of the Guide instead of having to hunt for them.

The Guide also discusses important topics like the role of eDiscovery in a Second Request and challenges associated with Second Requests. Perhaps most notably is the section on “Recent Changes to the Second Request Process”, which discusses several important developments, such as the Merger Filing Fee Modernization Act of 2022, jointly issued new Merger Guidelines by the FTC and DOJ in 2023, and the FTC’s comprehensively revised HSR rules, finalized in October 2024 and effective February 10, 2025.

The Guide also has additional sections on whether Second Requests are urgent (spoiler alert – they are!), how a Second Request should be handled, how Everlaw handles Second Requests and the continued importance of Second Requests. Oh, and if you prefer to read The Comprehensive Guide to Second Requests in a 23-page PDF document, there’s a link in the post for that too. Now, that’s comprehensive!

Check it out here, it’s only one click! This may be the most comprehensive click we’ve had yet! 😊

So, what do you think? Has your organization ever been involved in a Second Request? Please share any comments you might have or if you’d like to know more about a particular topic.

Image created using DALL-E 3, using the term “office with two robot lawyers wearing suits looking at their workstations with a magnifying glass”.

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Disclaimer: The views represented herein are exclusively the views of the author, 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.