WG6 is forming a new drafting team on Discovery Under 28 U.S.C. § 1782. The drafting team is tasked with providing assistance to practitioners, arbitrators, and judges navigating discovery under § 1782 when that discovery appears inconsistent with discovery or admissibility rules in the foreign jurisdiction where the information is sought or where it will be used in a proceeding. The publication should take the form of Practice Pointers. The drafting team will take into account the Supreme Court’s guidance in Intel Corp. v. Advanced Micro Devices that in considering an application under § 1782, a court should assess, among other things, whether the request “conceals an attempt to circumvent foreign proof-gathering restrictions.” Please review the expectations of drafting team members below. Information on how to apply for the drafting team can also be found below. The deadline to apply to participate on this drafting team is COB EDT on Monday, July 26, 2021. Drafting Team - Member Expectations - Drafting team members are expected to make the following commitments:
- Total time commitment is 12-15 hours per month, including actual drafting, review and drafting team meetings
- Drafting team members are expected to regularly participate in drafting team meetings – drafting team leaders will take attendance for all meetings, and track meeting participation and contributions during drafting team meetings
- Drafting team members will be expected to draft or assist in drafting portions of the document and/or perform research as needed – drafting team leaders will track contributions to the drafting and/or research
- Drafting team members are expected to review all team drafts that are circulated, and comment and edit as necessary
It is critical that all team members are active, engaged participants in the drafting efforts, in order to produce high-quality work product in a limited timeframe. If the participation requirements outlined above are not something that you can commit to at this time, we recommend that you postpone pursuing a spot on a drafting team until you are able to make these commitments. There will be more WG6 drafting efforts in the near future. Additionally, we will likely have more well-qualified, well-rounded applicants than we have spaces available for this drafting team. As a result, we may have a ranked waiting list. If during the drafting effort, a team member is not able to maintain the commitment required of team members, we will replace that member, if necessary.
Drafting Team - Selection In order to apply for the drafting team, you must be a member of WG6. If you are interested in applying for the drafting team, but are not yet a member of WG6, please become a member by signing up for a Working Group Series (WGS) membership. Once a WGS member, one is eligible to take part in the activities of all Working Groups, including WG6. If you have any questions about how to sign up for a membership or encounter any difficulties while doing so, please contact our office at [email protected] or +1(602) 258-4910. As the drafting team will only have 8-10 members, the Steering Committee will need to be very selective. But all WG6 members, however, will have a chance to review and comment on the draft that the team produces. Factors in Drafting Team Selection - Expertise
- Years of Experience
- Participation on the corresponding brainstorming group
- Did you join - and contribute - to the preceding brainstorming group?
- Balance
- As we work to achieve consensus-based documents, it is important that a wide range of perspectives and backgrounds are represented. Accordingly, in selecting drafting team members the Steering Committee will work to ensure these perspectives are fairly represented. Please keep in mind, however, we do not seek differing perspectives so that one may advocate on behalf of a particular perspective or constituency. We seek differing viewpoints, backgrounds and experiences in order to build a consensus-based document that is beneficial to all stakeholders
- Perspectives we seek to have represented on the drafting teams include, among others:
- In-house counsel
- Outside counsel
- Counsel for consumers
- Jurists
- Regulators
- Technologists
- Experts
- Corporate decision-makers
- Service providers
- Should you ultimately not be selected for the drafting team, it may simply be the result of too many applicants representing a particular perspective, and not at all based on a lack of qualifications
In order to be considered for the drafting team, please provide separate answers to each of the questions below, and submit to Michael Pomarico at [email protected] by COB EDT on Monday, July 26, 2021. Please be brief when answering the questions – no more than 50 words per answer to a question, please. - (1) What is your profession and expertise?
- (2) How many years of experience do you have?
- (3) What organization do you work for?
- (4) What qualifications or experiences make you particularly qualified to serve on the drafting team, and why?
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