The Sedona Conference Working Group 6 Annual Meeting 2023

Date: 
Wednesday, January 11, 2023 - 8:45am to Thursday, January 12, 2023 - 1:00pm

Location:
Royal Garden Hotel
London, United Kingdom 

The 2023 Annual Meeting of Working Group 6 on International Electronic Information Management, Discovery, and Disclosure (WG6) will be held at the Royal Garden Hotel in London, United Kingdom, on Wednesday-Thursday, 11-12 January 2023. A welcome reception will be held in the evening of Tuesday, 10 January, from 18:00-20:00.

Session Information

The meeting’s primary focus will be on new drafts and brainstorming group outlines in need of WG6 member review and comment, including the following:

  • Draft International Litigation Principles, Second Edition
  • Draft Commentary on Principles and Best Practices for Addressing Data Risks Associated with Dawn Raids in Cross-Border Investigations
  • Draft International Arbitration Principles
  • Discovery Under 28 U.S.C. § 1782
  • Operationalizing the Hague Evidence Convention and other mechanisms for cross-border data transfers
  • Cross-border data and information governance – practical considerations for global compliance
  • Global Incident Response Section of WG11 Draft Incident Response Guide, Second Edition
  • Exporting data from the People’s Republic of China

In addition, the meeting will feature the following sessions:

  • Case law and regulatory developments
  • WG6 town hall

Hotel Reservation Information

We have obtained a very favorable room rate at the Royal Garden Hotel of £210 per night, inclusive of VAT and English breakfast, for a limited block of Classic Royal and Royal Double rooms on the nights of 10-11 January. For those who wish to arrive early, leave late, or otherwise extend their stay, the group rate is available for three nights preceding and three nights following the dates of the room block, subject to room availability. Accordingly, if you wish to book for additional nights, you should do so as soon as possible. This room block expires on 4 December 2022. Reservation information will be provided in your meeting registration confirmation email.

CLE

The Sedona Conference will seek CLE accreditation for this event in selected jurisdictions, as dictated by attendance.

Corporate Counsel Meeting

Following the conclusion of the meeting, from 13:30-15:00 on 12 January, there will be a meeting of corporate counsel. The meeting is limited to WGS corporate counsel and The Sedona Conference leadership to discuss and benchmark cross-border transfer best practices in a more relaxed and informal setting. This intimate forum will allow for a discussion of issues of specific importance to corporate counsel. The organizers of this meeting will contact corporate counsel separately with more details, including an agenda.

Confirmed Dialogue Leaders

Littler Mendelson, P.C.

New York, NY, USA

Dubai International Financial Centre Authority

Dubai, United Arab Emirates

U.S. District Court, Eastern District of Pennsylvania

Philadelphia, PA, USA

Paul, Weiss, Rifkind, Wharton & Garrison LLP

New York, NY, USA

AlixPartners LLP

London, United Kingdom

Volkswagen Group of America

Herndon, VA, USA

Carlsen Law Corporation

Agoura Hills, CA, USA

Orrick, Herrington and Sutcliffe

London, United Kingdom

U.S. District Court for the Central District of California

Santa Ana, CA, USA

Dorsey & Whitney LLP

Minneapolis, MN, USA

Crowell & Moring LLP

New York, NY, USA

Deutsche Bank AG

New York, NY, USA

Medidata Solutions, Inc.

New York, NY, USA

Guidepost Solutions

Los Angeles, CA, USA

JAMS

New York, NY

University of Oklahoma College of Law

Norman, OK, USA

Boies Schiller Flexner LLP

Alexandria, VA, USA

Hunton Andrews Kurth LLC

Brussels, Belgium

Cozen O' Connor

Philadelphia, PA, USA

Venable LLP

Baltimore, MD, USA

Swiss Re

Armonk, NY, USA

BakerHostetler

Washington, DC, USA

Ropes & Gray LLP

London, United Kingdom

SafeGuard√Privacy

Purchase, NY, USA

Redgrave LLP

Chantilly, VA, USA

King & Spalding

Atlanta, GA, USA

BakerHostetler

New York, NY, USA

Stone Law Group PLLC

New York, NY, USA

Bleichmar Fonti & Auld LLP

Oakland, CA, USA

Meta Platforms Inc

London, United Kingdom

The Sedona Conference

Phoenix, AZ, USA

Agenda

Time Session Panelists
  Wednesday, January 11  
7:30 — 8:30 Sign-in  
8:30 — 8:45 Welcome & overview Shonka, Weinlein
8:45 — 9:45 Cross-border data and information governance – practical considerations for global compliance Brady, Ferguson, Sterling*, Wilson
  A panel of WG6 brainstorming group members will lead a dialogue with all attendees on their outline of practical considerations to help data managers effectively issue spot likely areas of compliance conflict, navigate these challenges, and develop globally compliant data and information governance programs.  
9:45 — 10:45 Operationalizing the Hague Evidence Convention and other mechanisms for cross-border data transfers Brady*, Gensler, MatusShonka
  A panel of WG6 brainstorming group members will lead a dialogue with all attendees on their outline which explores whether The Hague Evidence Convention has potential for use in a way that would further advance discovery in civil litigation and, if so, how that use might be advanced.  
10:45 — 11:00 Morning Break  
11:00 — 12:15 Discovery under 28 U.S.C. § 1782 CarlsenKeteltas, Stone
  With an eye toward providing practical guidance, this panel of WG6 drafting team members will lead a dialogue on acquisition of information in the U.S. for use in foreign proceedings pursuant to 28 U.S.C. section 1782. Topics will include assessing whether the requested production circumvents non-U.S. evidentiary restrictions, addressing privileged documents, and navigating the interplay between section 1782 and foreign privacy regulations  
12:15 — 13:15 Lunch  
13:15 — 14:15 Case law and regulatory developments Baylson, J., Carter, J., Withers*
  The panel will lead a dialogue on recent judicial decisions and enforcement actions addressing data transfers to meet cross-border disclosure and discovery requirements.  
14:15 — 15:30 Draft Commentary on Principles and Best Practices for Addressing Data Risks Associated with Dawn Raids in Cross-Border Investigations Baker, Brabant, Davis*, Delacruz, Hamel
  After a virtual hiatus occasioned by the pandemic, dawn raids have come roaring back. Regulators across the globe have doubled down on conducting surprise inspections with increased international implications and emphasis on digital information. Such data raids – targeting not only office settings but also remote (residential) workplaces – present unique difficulties to organizations in complying with confidentiality, privacy, privilege and other data protection considerations. The panel of drafting team members will lead a lively dialogue on their Proposed Commentary setting out Principles and Best Practices to manage cross-border data risks associated with raids in criminal and civil/administrative enforcement investigations. The panel will present eight Principles developed for approaching and managing such risks, with discussion of best practices for (a) government agencies with respect to achieving their legitimate goals while respecting impacted persons’ information rights and minimizing collateral effects, and (b) organizations when their information is affected by a dawn raid.  
15:30 — 15:45 Afternoon Break  
15:45 — 17:00 Draft International Arbitration Principles Boehning, Hoffman*
  A panel of WG6 drafting team members will lead a dialogue with all attendees on the latest draft of a Commentary to provide guidance to practitioners and arbitrators on best practices regarding cross-border discovery and disclosures in international arbitration matters.  
17:00 — 19:00 Reception (guests invited)  
     
  Thursday, January 12  
7:45 — 8:45 Sign-in  
8:45 — 9:45 Draft International Litigation Principles, Second Edition Backhouse*, MatusShonka, Weaver
 

A panel of WG6 drafting team members will lead a dialogue with all attendees on their latest draft of a second edition of the International Litigation Principles, which articulates Principles with commentary and useful forms to assist courts and litigants in addressing the tension between the U.S. tradition of liberal discovery and emerging data protection laws in other nations.

 
9:45 — 10:45 Global Incident Response – WG11 Incident Response Guide, Second Edition Carr, Cattanach*, Massey, Sterling
 

A panel of brainstorming group members who are members of both WG11 and WG6 will lead a dialogue with all attendees on their outline which evaluates whether WG11 should draft a Second Edition of the Incident Response Guide, and in particular whether a component about international incident response should be included.

 
10:45 — 11:00 Morning Break  
11:00 — 12:00 WG6 town hall

Fedeles, Francis, Gerlach, Hoffman, Matus, Shonka*, Sterling

  WG6 Steering Committee members will lead a dialogue amongst the WG6 members in attendance on progress made on the work product of the Working Group, and by the Working Group as a whole. WG6 member input will be sought regarding the future direction of WG6, including ideas for existing and new commentaries and projects.  
12:00 — 13:00 Exporting data from the People's Republic of China FedelesGerardi, GillSolomon*
 

The panel will lead a dialogue on the People's Republic of China's regulatory regime – including the Data Security Law and the Personal Information Protection Law – that impacts Information Governance and cross-border discovery. The panel will also provide guidance for entities to comply with these regulations and potentially competing discovery and regulatory investigation obligations. Finally, the panel will preview the work of the PRC Brainstorming Group and seek initial member input.

 
13:00 — 14:00 Lunch  

Panel Moderator*

Date: 
Wednesday, January 11, 2023 - 9:45am to Thursday, January 12, 2023 - 1:00pm