Appendix 11. Electronic Production Letter Using Load Files

• Pages: 387-394

387

APPENDIX 11

ELECTRONIC PRODUCTION LETTER USING

LOAD FILES

Electronic Production Letter

(Last edited 01/04/2008)

[DATE]

[COUNSEL]

Re: Proposed Acquisition of [TARGET CO.] by [ACQUIRING

CO.]

Electronic Production

Dear [COUNSEL]:

I am writing to provide specific information regarding the Division's

requirements for receiving an electronic document production in

response to the Second Request issued in relation to the above

transaction. Definition & Instruction [O(4)] of the Second Request calls

for the electronic production of electronic documents and information.

This letter describes the basic features of an electronic production that

would satisfy the obligations of a Second Request, but it does not

constitute a modification of the Second Request. Further, this letter does

not address or endorse any search method counsel may use to identify

responsive electronic documents.

To ensure the efficient processing and review of any such electronic

production, Division legal, economic, and technical staff would like to

resolve the details prior to production, and preferably before

[COMPANY] or its vendor begins to gather and process responsive

documents. It is in both our interests to minimize the time and effort it

takes to produce and review the responsive materials. We will make

ourselves available so that we can resolve the details of the production

promptly.