In the Matter of OSF Healthcare Sys., No. 9349, 2012 WL 1561035 (Mar. 27, 2012)

Key Insight: Addressing when litigation was reasonably anticipated by Complaint Counsel (responsible for issuing the relevant Civil Investigative Demand), the court reasoned that anticipation of litigation was not triggered upon issuance of a ?second request? in connection with an ongoing investigation where the results of such investigations must first be analyzed to determine if an enforcement action is warranted and where the majority of investigations do not result in litigation; court denied respondent?s Motion to Compel

Nature of Case: FTC Civil Investigation

Electronic Data Involved: Relevant “communications”