Antitrust Lawsuit and Electronic Discovery

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Are temporary attorneys needed for electronic discovery?

Antitrust Lawsuit and Electronic Discovery

Antitrust lawsuits deal with complicated matters, usually with the alleged creation of a monopoly, either by a company that purposely hinders competition with excessively low pricing, unfair provision of product, services and promotions, or the creation of a monopoly by a merger or acquisition, to name a few.

Antitrust lawsuits may be filed in state court or federal court. Jurisdiction depends on the facts of each case, but generally, if the case is being filed under the Sherman Act, the Federal Trade Commission Act, or the Clayton Act, the case is filed in federal court.

Because of the complexity of antitrust litigation, attorneys often hire temporary attorneys to help review electronic documentation generated during a transaction (discovery). Once the lawsuit is filed and the defendant has been served and answers, the discovery process starts. If the parties to the lawsuit did not use electronic communications during the acquisition, merger, or other matter, the amount of documentation is generally reasonable. If the parties relied on email and faxing to review and send contracts back and forth, an antitrust litigator might choose to retain a temporary attorney to help review all electronic documentation relating to discovery in the case.

The electronic documentation is reviewed for content, to determine whether the content is privileged information. Privileged information is not discoverable.



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