The Commentary on the Need for Guidance and Uniformity in Filing ESI and Records Under Seal, Public Comment Version, is available for free download here:

The Sedona Conference and its Working Group 1 on Electronic Document Retention and Production are pleased to announce publication of The Sedona Conference Commentary on the Need for Guidance and Uniformity in Filing ESI and Records Under Seal, Public Comment Version (“Commentary”).

The Commentary, available here for free download, is intended to minimize the burden on litigants and courts created by the lack of uniformity in U.S. District Court procedures for sealing confidential documents and electronically stored information (ESI). It offers a Proposed Model Rule designed both to bring uniformity to the process of filing under seal and to create a fair and efficient method to deal with the sealing and redacting of ESI, so that the parties can focus on the litigation while conserving the resources of the court.

The public is also invited to send written comments on the Commentary to [email protected] through February 5, 2022.

The mission of Working Group 1 is to develop principles, guidance and best practice recommendations for information governance and electronic discovery in the context of litigation, dispute resolution and investigations. The group released the first public comment draft of The Sedona Principles in March 2003, and the impact was immediate and substantial. Within a few weeks, The Sedona Principles was cited by the Civil Rules Advisory Committee Discovery Subcommittee as one of the reasons to focus on possible amendments to the Federal Rules of Civil Procedure, and it was cited in the seminal Zubulake case in the Southern District of New York. Since then, WG1 has published updated editions of The Sedona Principles and several companion works, including guidelines for electronic document management, an authoritative glossary of eDiscovery and electronic records management terms, several commentaries on eDiscovery related topics, and cooperation guidance for trial lawyers, in-house counsel, and the judiciary.

To become a member of The Sedona Conference Working Group Series (WGS) and WG1, please visit https://thesedonaconference.org/join.

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