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