The Sedona Conference Working Group 6 Annual Meeting 2022

Date:

Thursday, February 3, 2022 - 8:45am to Friday, February 4, 2022 - 1:00pm

Location:

Online (Zoom)

The 2022 Annual Meeting of Working Group 6 on International Electronic Information Management, Discovery, and Disclosure (WG6) will be held online on Thursday-Friday, February 3-4, 2022.

The meeting’s main focus will be on new drafts in need of WG6 member review and comment, including the following topics:

International Litigation Principles, Second Edition
Proportionality in cross-border discovery

In addition, the meeting will feature the following sessions:

Cross-border discovery & disclosure case law update
New technologies: Challenges and opportunities for practitioners
Town hall
Data protection authority (DPA) roundtable
Cross-border data management: Addressing new regulations
International electronic information management, discovery, and disclosure in the Middle East

The Sedona Conference will seek CLE accreditation in accordance with rules and regulations set forth by individual jurisdictions for virtual meetings. Various state MCLE authorities require that we verify your live, active participation throughout the program.

Confirmed Dialogue Leaders

Dr. Jens Ambrock The Hamburg Commissioner for Data Protection & Freedom of Information Hamburg, Germany	Denise E. Backhouse Littler Mendelson, PC New York, NY, USA	Lori Baker Dubai International Financial Centre Authority Dubai, United Arab Emirates	William Wallace Belt Jr. Complete Discovery Source, Inc Naples, FL, USA
Chantal Bernier Dentons Canada, LLP Ottawa, ON, Canada	Kevin F. Brady 3M Avondale, PA, USA	James Calvert Troutman Pepper Hamilton Sanders LLP Atlanta, GA, USA	John M. Conlon Mayer Brown LLP New York, NY, USA
Andrea L. D'Ambra Norton Rose Fulbright US LLP New York, NY, USA	Emily Fedeles New York, NY, USA	Megan Ferraro Meta Platforms, Inc. Tiburon, CA, USA	Hon. James C. Francis (ret.) JAMS New York, NY
Natascha Gerlach Center for Information Policy Leadership Brussels, Belgium	Michael Hahn IAB New York, NY, USA	Rachel Hayward Office of the Information and Privacy Commissioner Edmonton, AB, Canada	Taylor Hoffman Swiss Re Armonk, NY, USA
Elizabeth A Holland Ernst & Young LLP Stuttgart, Germany	Rose J. Jones King & Spalding Atlanta, GA, USA	Jerami D. Kemnitz Littler Mendelson P.C. Minneapolis, MN, USA	David J. Kessler Norton Rose Fulbright US LLP New York, NY, USA
Sayid Madar ADGM Abu Dhabi, United Arab Emirates	Leeanne Mancari Covington & Burling LLP Los Angeles, CA, USA	Wayne Matus SafeGuard Privacy Inc. Sarasota, FL, USA	Briordy Meyers Google Ridgefield, CT, USA
Scott Milner Morgan, Lewis & Bockius LLP Philadelphia, PA, USA	Hon. Elliott Myers The Supreme Court of British Columbia Vancouver, BC, Canada	Dr. Christian Schröder Orrick Herrington & Sutcliffe LLP Düsseldorf, Germany	James A. Sherer BakerHostetler New York, NY, USA
David C. Shonka Redgrave LLP Chantilly, VA, USA	Nichole Sterling BakerHostetler New York, NY, USA	Jeane A. Thomas Crowell & Moring LLP Washington, D.C., USA	Dino Wilkinson Baker & McKenzie LLP Abu Dhabi, United Arab Emirates
Miriam Wimmer Brazilian Data Protection Authority (ANPD) Brasilia, Brazil	Kenneth J. Withers The Sedona Conference Phoenix, AZ, USA	Michael Charles Zogby Barnes & Thornburg LLP Florham Park, NJ, USA

Agenda

Time	Session	Panelists
	Thursday, February 3 (all times EST)
8:35 — 8:45	Log-in
8:45 — 9:00	Welcome & overview	Gerlach, Weinlein
9:00 — 10:15	International Litigation Principles, Second Edition	Backhouse*, Brady, Kessler
	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 includes a seventh principle on data security.
10:15 — 10:30	Break
10:30 — 11:45	Proportionality in cross-border discovery	Calvert, Holland, Meyers, Thomas*, Zogby
	A panel of WG6 drafting team members will lead a dialogue with all attendees on their draft on the topic. A number of U.S. courts have used a Federal Rule of Civil Procedure 26(b)(1) proportionality analysis to determine whether information residing outside the U.S. that is subject to foreign data protection or other laws restricting disclosure is discoverable in U.S. litigation. The Sedona Conference International Litigation Principles provides guidance on balancing potential conflicts between U.S. litigation requirements and non-U.S. data protection laws, and specifically references Rule 26(b)(1) in this context. There is no stand-alone guidance on these issues from The Sedona Conference, however, and the drafting team has prepared a draft stand-alone Commentary on the applicability of the Rule 26(b)(1) proportionality analysis to cross-border discovery involving non-U.S. data protection laws and regulations.
11:45 — 1:00	Break
1:00 — 2:15	Cross-border discovery & disclosure case law update	Conlon, Francis, Schröder, 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.
2:15 — 3:30	New technologies: Challenges and opportunities for practitioners	Belt, Jones*, Mancari, Milner
	Technologies that promise significant business advantages often pose challenges for compliance with privacy regulations. This panel will explore three trends – the increased use of collaboration tools, reliance on social media, and transfer of data to the cloud – and discuss both technical and practical ways that an enterprise can take advantage of these opportunities while still respecting privacy rules.
3:30 — 3:45	Break
3:45 — 5:00	WG6 town hall	Fedeles, Francis, Gerlach*, Hoffman, Mancari, Matus, Myers, J., Schröder, Shonka, Sterling
	WG6 Steering Committee members will lead a dialogue amongst the attendees 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, with a particular focus on the European Union Committee and a second edition of The Sedona Canada Commentary on Enforcing Letters Rogatory Issued By an American Court in Canada: Best Practices & Key Points to Consider.
5:00 — 5:10	Day 1 Closing Remarks

Time	Session	Panelists
	Friday, February 4 (all times EST)
8:50 — 9:00	Log-in
9:00 — 10:30	Data protection authority (DPA) roundtable	Ambrock, Bernier, Hayward, Matus*, Wimmer
	Global data protection authorities will lead a dialogue on their respective challenges, enforcement priorities and advisory roles under their data protection regimes. They will present their views on the most important legal issues and questions awaiting resolution under the data protection regulatory regimes they administer. Topics will include emerging data protection trends and regulations, cooperation and collaboration among and between different DPAs, intra-country differences, cross-border data transfers, artificial intelligence, and the potential convergence of global data protection laws.
10:30 — 10:45	Break
10:45 — 12:00	Cross-border data management: Addressing new regulations	D'Ambra, Ferraro, Hahn, Hoffman, Sherer*
	Effective cross-border data management helps to ensure that enterprise data is organized and useful by maintaining data’s accessibility, accuracy, and security consistent with evolving legal and regulatory requirements worldwide. This panel will discuss some key considerations specific to cross-border data management, including varying definitions of personal data, restrictions on data use and transfer, consent management, the complexities of interoperability in a non-harmonized data protection landscape, and the advantages and disadvantages of global, regional, or local approaches to data management program implementation.
12:00 — 1:00	International electronic information management, discovery, and disclosure in the Middle East	Baker, Kemnitz, Madar, Wilkinson*
	The WG6 Middle East Committee’s mission is to monitor developments in Middle Eastern countries in data privacy, protection, and cross-border transfer laws and regulations as they relate to information governance, eDiscovery and eDisclosure and to conduct outreach to legislators and relevant regulators in order to further dialogue and move the law forward in a reasoned and just way. The Committee is likewise focused on keeping the membership informed about emerging issues and developing useful resources for practitioners, jurists and companies with interests in the region. During this session, members of the Committee will provide updates on the latest developments in the Middle East and the various projects of the Committee.
1:00 — 1:15	Closing Remarks

*Panel Moderator

Date:

Thursday, February 3, 2022 - 8:45am to Friday, February 4, 2022 - 1:00pm

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Registration

Regular Registration Fee:	$595 USD
Government & Non-Profit Employee Registration Fee:	$495 USD

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Refund Policy

Refunds are available for cancellations made at least 21 days before the program is scheduled, less any credit card processing fees charged to The Sedona Conference. For cancellations made within 21 days of the program, no refunds are available but substitution of another individual from the same organization is permitted or a credit can be requested to be applied to a future Sedona program.