The Sedona Conference Working Group 6 Annual Meeting 2019

Date: 
Monday, January 14, 2019 - 7:15am to Tuesday, January 15, 2019 - 2:00pm
Location: 
St. Pete Beach, FL
United States

The 2019 Annual Meeting of Working Group 6 will be held at the Don CeSar Hotel in St. Pete Beach, Florida, on Monday-Tuesday, January 14-15, 2019. A welcome reception will be held on the evening of Sunday, January 13, from 6-8 pm.

This will be the first full, stand-alone Working Group meeting for Working Group 6. Its meetings thus far have been half-day meetings following The Sedona Conference's Annual International Programme. It is our intention that WG6 will hold full Annual Meetings around the beginning of each calendar year, in addition to its traditional half-day meetings that follow the International Programme in the summer of each year.

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

  • Choice of law for data in the international context
  • International arbitration
  • International legal holds
  • Ephemeral data
  • Dawn raids

In addition, the meeting will feature the following sessions:

  • EU regulatory developments & cross-border discovery case law update
  • Cross-border discovery & investigations and data protection laws update: APAC, South America and the Middle East

In addition to the agenda found below, please find a detailed agenda, with descriptions of each panel, here.

Hotel Room Information

We have obtained a very favorable room rate for WG6 members of $244 per night, plus tax. The favorable room rate is available for three nights preceding and three nights following the meeting, subject to availability. Our room block expires on December 13, 2018, so please register while rooms are available. Complete hotel reservation details will be provided with your meeting registration confirmation.

Corporate Counsel Meeting

There will be a meeting of corporate counsel on January 15, from 7:45 – 9:15 am, before the Working Group Meeting begins. The meeting is limited to WG6 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 you separately with more details, including an agenda.

Dialogue Leaders

Littler Mendelson, P.C.

New York, NY, USA

Eversheds Sutherland
Alvarez & Marsal

London, United Kingdom

Information Governance ANZ

Sydney, Australia

IBM

Armonk, NY, USA

H5

New York, NY, USA

Kellerhals Carrard

Basel, Switzerland

AlixPartners LLP

New York, NY, USA

Norton Rose Fulbright US LLP

New York, NY, USA

Crowell & Moring LLP

New York, NY, USA

Alvarez & Marsal's Disputes and Investigations
Driven, Inc.

Alpine, UT, USA

JAMS

Long Island City, NY, USA

Cleary Gottlieb Steen & Hamilton LLP

Brussels, Belgium

Swiss Re

Armonk, NY, USA

Everlaw
Littler Mendelson P.C.

Minneapolis, MN, USA

SafeGuard√Privacy

Purchase, NY, USA

Orrick Herrington & Sutcliffe LLP

San Francisco, CA, USA

iDS
Ojam Bullrich Flanzbaum
U.S. District Court, Middle District of Florida

Tampa, FL, USA

Redgrave LLP
U.S. District Court for the Western District of Texas

San Antonio, TX, USA

Winston & Strawn LLP

Washington, D.C., USA

Signature Resolution
Redgrave LLP

Chantilly, VA, USA

Jones Day
King & Spalding

Atlanta, GA, USA

Crowell & Moring LLP

Washington, D.C., USA

Forensic Risk Alliance

Annapolis, MD, USA

Merlin Search Technologies, Inc.

Denver, CO, USA

DLA Piper
AlixPartners LLP
The Sedona Conference

Phoenix, AZ, USA

International arbitration

Date: 
Monday, January 14, 2019 - 8:30am to 9:30am
Panel Description: 

A panel of WG6 brainstorming group members will lead a dialogue with all WG6 members in attendance on their outline on the topic. The brainstorming group has been considering the
applicability of The Sedona Conference International Litigation Principles to international arbitrations involving cross-border transfers of data and associated data protection and cross-border discovery and disclosure issues, and whether an appendix to the International Litigation Principles would be appropriate or whether a stand-alone publication might be preferred.

Choice of law for data in the international context

Date: 
Monday, January 14, 2019 - 9:30am to 10:45am
Panel Description: 

A panel of WG6 drafting team members will lead a dialogue on their second draft of a Commentary on the topic. The dialogue will focus on the clarifying principles and proposals to guide decision-makers in resolving choice of law issues with respect to data traveling across international borders, as set forth in the draft Commentary.

Morning Break

Date: 
Monday, January 14, 2019 - 10:45am to 11:00am

Ephemeral data

Date: 
Monday, January 14, 2019 - 11:00am to 12:00pm
Panel Description: 

A panel of WG6 brainstorming group members will lead a dialogue with all WG6 members in attendance on their outline on the topic. The brainstorming group has been exploring whether WG6 should prepare a Commentary and/or develop best practices on ephemeral data issues in cross-border legal actions and investigations. Organizations and individuals commonly use ephemeral communications and often view doing so as appropriate and helpful to address data minimization requirements under data protection frameworks, including the European Union General Data Protection Regulation (GDPR). However, capture and preservation of ephemeral data to meet legal obligations presents unique challenges. The brainstorming group has been assessing these tensions and preparing recommendations.

Lunch

Date: 
Monday, January 14, 2019 - 12:00pm to 1:00pm

EU regulatory developments & cross-border discovery case law update

Date: 
Monday, January 14, 2019 - 1:00pm to 2:15pm
Panel Description: 

Following up on a dialogue started at the WG6 meeting in Budapest, Hungary, in June 2018, WG6 EU task force members and U.S. jurists will explore WG6 efforts to engage with DPAs, recent EU regulatory developments, and the latest case law from U.S. and EU courts which impacts – or could impact – cross-border discovery and investigations.

Cross-border discovery & investigations and data protection laws update: APAC, South America and the Middle East

Date: 
Monday, January 14, 2019 - 2:15pm to 3:30pm
Panel Description: 

The panel will lead a dialogue on recent developments in the APAC region, South America and the Middle East affecting cross-border discovery and investigations. The panel, which includes members of WG6’s APAC, Latin America and Middle East Committees, will also consider practical guidance for practitioners, in light of these key developments.

WG6 Town Hall

Date: 
Monday, January 14, 2019 - 3:45pm to 5:00pm
Panel Description: 

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.

International legal holds

Date: 
Tuesday, January 15, 2019 - 9:30am to 10:45am
Panel Description: 

A panel of WG6 brainstorming group members will lead a dialogue with all WG6 members in attendance on their outline on the topic. The brainstorming group has been exploring whether a standalone publication on international legal holds would help move the law forward in a reasoned and just way by supplementing existing publications, including The Sedona Conference Commentary on Legal Holds (prepared by The Sedona Conference Working Group 1), which only issue spots re international legal holds, and International Litigation Principles, its appendix on Cross-Border Data Safeguarding Process + Transfer Protocol, and The Sedona Conference Practical In-House Approaches for Cross-Border Discovery & Data Protection, which focus on the entirety of the life cycle of cross-border discovery matters rather than focusing on issues arising solely from the legal hold process.

Morning Break

Date: 
Tuesday, January 15, 2019 - 10:45am to 11:00am

Dawn raids

Date: 
Tuesday, January 15, 2019 - 11:00am to 12:00pm
Panel Description: 

A panel of WG6 brainstorming group members will lead a dialogue with all WG6 members in attendance on their outline on the topic. The brainstorming group has been evaluating whether WG6 should prepare and publish a Commentary, or otherwise identify best practices, to prepare companies for dawn raids or other criminal investigations that may involve multiple jurisdictions. To the extent this project extends the work started by The Sedona Conference International Investigations Principles, it will probe more deeply into information germane to criminal law practice and procedure.

International Standards Organization (ISO) Code of Practice for Electronic Discovery

Date: 
Tuesday, January 15, 2019 - 12:00pm to 1:00pm
Panel Description: 

A panel of WG6 drafting team members will lead a dialogue on their draft Commentary on the topic. The draft Commentary aims to provide guidance on how the concerns raised by a preceding brainstorming group on the International Standards Organization (ISO) Code of Practice for Electronic Discovery (ISO/IEC 27050: Part 3) (“ISO Code of Practice”) can be minimized – if not avoided altogether – while acknowledging that some organizations may seek certification of compliance with the ISO Code of Practice.