Spotlight on Division Staff: Tracy Greer
Tracy Greer is the Antitrust Division’s Senior Litigation Counsel for Electronic Discovery, a position she assumed in the summer of 2010. The Division recognizes that investigations can be burdensome on parties, and it is committed to finding ways to reduce those burdens without compromising the Division’s mission. Greer is helping to lead that effort. Her position, part of the Division’s Office of Operations, was created to focus on electronic discovery best practices and to address novel discovery questions as they arise.
Greer is a valuable advisor for Antitrust Division criminal and civil staffs on electronic discovery questions, and she acts as the liaison between the Division’s technology support team and its legal and economics personnel. Division lawyers and economists rely on the technology experts to make sure parties’ document and data productions are formatted correctly and ready to search and analyze. Greer focuses on institutional consistency and developing best practices across the Division.
Most recently, Greer has taken the lead in exploring the use of technology assisted review (TAR) by producing parties responding to second requests in merger matters. TAR, also known as predictive coding, is a method of electronically searching for responsive materials. It has the potential to ease the burden on producing parties by reducing their search efforts and production volumes. Greer recently published a paper on the topic and is working on developing protocols that will allow parties to use TAR while ensuring that Division investigators still receive the critical information needed to carry out their investigations.
Greer also is responsible for modifications to various document production models, including the Division’s model second request and model electronic production letter, as well as developing internal policies and guidance on subjects ranging from using search terms to preserving documents and negotiating production of electronically stored information (ESI) from databases.
Greer is the coordinator for the Antitrust Division’s working group on electronic discovery, and also serves as a member of the Department-wide Electronic Discovery Working Group, which meets monthly to discuss current issues and compare practices across components. The Department established the working group in 2010 with representatives from a number of its litigating divisions, including Antitrust, Civil, Civil Rights, Environmental and Natural Resources, and Tax, as well as the Executive Office of the United States Attorneys. The working group has fostered an unprecedented level of communication among the litigating components and enhanced their ability to address the challenges electronic discovery presents.
Greer joined the Antitrust Division in 1997 as an attorney in the Networks and Technology Enforcement Section, where she worked on merger and conduct investigations involving computer hardware and software, high-technology component manufacturing, Internet-related businesses, financial services, and the securities industry. Before joining the Division, she clerked on the Ninth Circuit Court of Appeals for the Hon. Joseph T. Sneed. Greer received her law degree from the University of Texas at Austin, where she served as the managing editor of the Texas Law Review. She received her undergraduate degree from Brown University.