E-Discovery in Antitrust Lawsuits and FTC/DOJ Investigations

Managing and Producing Electronic Information Under the Amended Federal Rules

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Wednesday, March 25, 2009

Course Materials

This seminar will examine the federal rules amendments on e-discovery and offer best practices for counsel involved in antitrust litigation and FTC and DOJ investigations.


Antitrust investigations and lawsuits by the Federal Trade Commission and Department of Justice trigger unique e-discovery challenges for businesses. Electronic information, including email, metadata and backup files, is critical evidence in proving or disproving anti-competitive conduct.

Antitrust counsel must understand and prepare for the differences in dealing with the FTC and DOJ on e-discovery issues — and the issues that tend to arise in civil and criminal investigations, as well as in the second request process.

To meet the strict time limits to respond to requests for documents in government investigations and litigation, counsel must fully grasp the recent federal amendments. Failure to strictly comply can result in huge strategic disadvantages — and even court sanctions.

Listen as our authoritative panel of antitrust attorneys reviews the e-discovery rules amendments and how they apply to civil and criminal investigations and the second request process.



  1. Amended Federal Rules of Civil Procedure
    1. Brief review of the rules
    2. Electronically stored information
  2. Pre-litigation
    1. Developing data retention and destruction policies
    2. Creating a plan to preserve and collect electronic information/evidence
    3. Creating an internal corporate response
    4. Data management
    5. Establishment of procedures to respond to litigation
  3. Government investigations
    1. FTC
    2. DOJ
    3. Government response
  4. In antitrust litigation
    1. Data management
    2. Scope of discovery
    3. Duty to disclose
    4. Special considerations


The panel will review these and other key questions:

  • What are the components of an effective overall electronic information management, retention and destruction strategy for companies with potential antitrust concerns?
  • What unique e-discovery issues can arise in antitrust matters — and what are the best approaches for preserving and collecting potential evidence?
  • What are the key differences in producing information for and negotiating with the FTC and DOJ?
  • What is the impact of the amended discovery rules on the second request process?


Michael G. Van Arsdall
Michael G. Van Arsdall

Crowell & Moring

He counsels clients on antitrust matters, including competition issues associated with mergers and acquisitions, joint...  |  Read More

Megan E. Jones
Megan E. Jones


She is class counsel in several pending antitrust cases. She organizes class counsel to institute preservation methods,...  |  Read More

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