Negotiating Second Request Discovery

A Hart Scott Rodino Second Request can be a major impediment to the completion of an M&A deal, and compliance can be a challenge. It requires an organization to process, review and then produce large quantities of documents in a relatively short time frame of months, or sometimes weeks. The key to getting a handle on this process lies before review begins, in the preliminary negotiations with regulators, negotiations that are an “exercise in strategy and tact.” This article outlines best practices for conducting them.