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American Bar Association

Live Webinar

Surviving a Hart-Scott-Rodino Act Second Request

Date: Wednesday, January 29, 2014
Format: Live Webinar
Duration: 90 minutes


Sponsored by the American Bar Association Section of Antitrust Law and Center for Professional Development

1:00 PM-2:30 PM Eastern

12:00 PM-1:30 PM Central

11:00 AM-12:30 PM Mountain

10:00 AM-11:30 AM Pacific

Program Description

The Hart-Scott-Rodino Act (HSR) requires companies to file with and get the approval of the Federal Trade Commission (FTC) and the Department of Justice (DOJ) (collectively the “Agencies”) for certain mergers and acquisitions.  After a company makes its initial HSR filing the Agencies have the option of approving the transaction or making a Request for Additional Information and Documentary Material (Second Request).  A Second Request can require the production of millions of documents over several months at a cost of millions of dollars. 

  • Do you know how to negotiate the scope of a Second Request with government attorneys to reduce the cost and burden associated with collection, review, and production?
  • Do you feel comfortable assembling a team of attorneys and eDiscovery experts to collect and review a massive set of materials in a relatively short amount of time? 
  • Do you know how to ensure that you have “substantially complied” with the government’s requests? 
  • Using an abbreviated hypothetical transaction and fact pattern as a guide.

Our panel of experienced practitioners and agency representatives will provide practical advice and insights into the often complicated pathway of Second Request compliance.

Program Faculty

Ian R. Conner  
Kirkland & Ellis LLP  
Washington, DC

Karen Kazmerzak
Sidley Austin LLP  
Washington, DC

Jennifer Schwab
Staff Attorney, FTC Bureau of Competition, Mergers IV Section
Federal Trade Commission  
Washington, DC

Kevin Yingling
Senior Competition Counsel
Google, Inc.
Washington, DC

Ben Labow (Moderator)
Wilson Sonsini Goodrich & Rosati
Los Angeles, CA

CLE Credit

States typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program.

The ABA applies for and ordinarily receives CLE credit for ABA live webinars and teleconferences in AL, AK, AR, AZ, CA, CO, DE, GA, GU, HI, IA, IL, IN, KY, LA, MN, MO, MT, NM, NY, NC, ND, OK, OR, SC, TN, TX, UT, VA, VI, VT, WA, WI, and WV.

The ABA does not seek direct accreditation of live webinars and teleconferences in FL, ID, KS, ME, NE, NH, NJ, OH, PA, RI, and WY. Some states allow attorneys to earn credit through reciprocity or self-submission. View accreditation information for your state. The ABA will seek credit for this program in the states indicated on this page.

The ABA will seek 1.5 hours of general CLE credit in 60-minute states and 1.8 hours of CLE credit in 50-minute states. Credit hours granted are subject to each state’s approval and credit rounding rules.

New York: This non-transitional CLE program is approved for experienced NY attorneys in accordance with the requirements of the New York State CLE Board for 1.5 New York CLE credits. Newly admitted attorneys may not earn New York credit for this non-transitional CLE program. All attorneys may click here to view additional MCLE information for your jurisdiction

Access for Deaf/Hard of Hearing Attendees

CART (Communication Access Realtime Translation) service provides instant accessibility for the deaf and hard of hearing by delivering the spoken word as a realtime stream of text. CART service for this program is firewall friendly and works in almost any network environment with Internet access, and is compatible with all major web browsers.

Registration Options

- Individual
- Group
- CD-ROM (Pre-Orders)

Phone or Mail:
Monday - Friday
9:00 AM - 6:00 PM Eastern
Event Code: cet4shs
Mail Order Form

Join the ABA and Save!

Join the ABA to receive a discount on this and future ABA programs and products. Join the Section of Antitrust Law to save even more!


$115 Section of Antitrust Law Members
$150 ABA Members
$195 General Public
$99 Government Attorneys
$95 Each additional registrant at the same location. Each registrant must log in to the webinar individually to receive credit.

All participants must register for the program.

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System Requirements

A current Internet browser, Adobe Flash and high-speed Internet are required to attend this webinar. Apple iOs devices are not officially supported at this time. Test your system now.


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