2110002 Informal Interpretation

us-ftc-hsr-informal-interpretations-4e7b1f46145cc7d8f3665fc4268025782110002 Informal InterpretationGuidance

Date
Rule
Item 4(c)
Staff
Nora Whitehead
Response/Comments

You may list only the authors and recipients of the emails with the 4c content.

Question

From: Whitehead, Nora <nwhitehead@ftc.gov>
Sent: Tuesday, October 12, 2021 11:07:03 AM (UTC-05:00) Eastern Time (US & Canada)
To: [Redacted]
Cc: HSRHelp <HSRHelp@ftc.gov>
Subject: RE: Item 4(c) - Authors and Recipients of Emails

You may list only the authors and recipients of the emails with the 4c content.


From: [Redacted]
Sent: Tuesday, October 12, 2021 2:21:46 AM (UTC-05:00) Eastern Time (US & Canada)
To: HSRHelp <HSRHelp@ftc.gov>
Cc: [Redacted]
Subject: Item 4(c) - Authors and Recipients

Hello PNO Staff,

We have a question regarding how to describe an email thread in the documentary attachment list. The Item 4(c) tipsheet at https://www.ftc.gov/system/files/attachments/hsr-resources/4ctipsheet.pdf indicates:

The description of the email chain in a 4(c) log would list the range of dates beginning with the date of the reply email and end with the original email down the chain. The names and titles of all authors and recipients should also be listed in the 4(c) log. If the reply contained 4(c) content but the original down the chain did not, you would include the entire chain as a 4(c) document and describe it in the 4(c) log as discussed above. If the original email contained 4(c) content, but no replies to or forwarding of the original email contained 4(c) content, then only the original email would be responsive to Item 4(c).

Where the 10th email in an email chain is contains responsive 4(c) content, but none of the prior 9 contain responsive content, is it sufficient to list just the author and recipients of the last responsive email, the 10th in the chain? Or if not, is it sufficient to list all authors, identifying them as the authors, and all recipients and identifying them as recipients, of the entire email chain without separating them out by date?

Where 2 of the 10 emails in the thread contain responsive 4(c) content, do we need to provide just the authors and recipient(s) of the two responsive emails in the chain or an entire list of the authors and recipients for each of the 10 emails comprising the email chain?

She inberg, Samuel I.
From: 	HSRHelp
Se nt: 	Tuesday, October 12, 2021 11 :07 AM
To: 	Wa lsh, Kathryn E. ; Berg, Ka ren E. ; She inberg, Samuel I.; Six, Anne; Musick, Vesselina; Shaffer, Kristin
S ubj ect : 	FW: Item 4(c) - Authors and Rec ipients of Ema ils
From: Whitehead, Nora < nwhitehead@ftc.go v>
Sent : Tuesday, October 12, 202111:07 :03 AM (UTC-05:00) Easte rn nme ( US & Canada)
To:
Cc: 	e p < 	e p 	c.gov>
Subject: RE: Item 4(c) - Authors and Rec ipients of Emai ls
You may li st only the authors and recipients of the ema il s w ith the 4c content.
From: HSRHelp <HSRHe lp@ftc.go v>
Se nt : Tuesda y, October 12, 20212:22 AM
To: Walsh , Kath ry n E. <kwalsh@ftc.gov>; Berg, Ka r en E.<KBERG@ftc.gov>; Sheinberg, Samuel I.
<SSHE INBERG@ftc.gov>; Six, Anne <as ix@ftc.gov>; Whitehead, Nora <nwhitehead@ftc.gov>; Musick , Ves seli na
<vmusick@ftc.gov>; Shaffer, Kristin <kshaffer@ftc.go v>
Subject : FW: Item 4(c) - Authors and Rec ipients of Ema ils
Fro
Sent
To:
Cc:
Su
S & Canada )
He ll o PNO Staff,
We ha ve a question regarding ho w to describe an email th read in the documentary attachment li st. The Item 4(c)
tipsheet at https://www. ftc .gov/system/files/attachments/hsr-resources/4ctipsheet.pdf indicates:
The description of the email chain in a 4(c) log
would li st the range of dates beginning w ith the
date of the reply email and end w ith the original
email dow n the chain. The names and tit les of all
authors and recipients should also be listed in the
4(c) log. If the reply contained 4(c) content but the
origi na l do wn the chain did not, you would in cl ude
the ent ire chain as a 4(c) document and describe it
in the 4(c) log as di scu ssed abov e. If the origi na l
email contained 4(c) content, but no replies to or
for warding of the original email contained 4(c)
content, then on ly the origi na l email would be
responsive to Item 4(c).
Where the 10th email in an email chain is contains responsive 4(c) content, but none of the prior 9 contain re sponsive
content, is it sufficient to list just the autho r and recipients of the last responsive email, the 10th in the chain? Or if not , is
it sufficient to list all authors, i dentify ing them as the authors, and a ll recipients and identifying them as r ec ipients, of
the ent ire email chain wi thout separ at ing them out by date?
Where 2 of the 10 emails in the th read contain responsive 4(c) c ontent, do we need to provide just the authors and
r ec ipient(s) of the t wo responsive emai ls in the chain or an ent ire list of the autho rs and r ec ipients for each of the 10
emails compri si ng the email chain?
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