The Sedona Conference Working Group 1 Annual Meeting 2019

Date: 
Thursday, October 24, 2019 - 8:30am to Friday, October 25, 2019 - 1:00pm

Location:
Four Seasons Hotel
St. Louis, MO

The Sedona Conference Working Group on Electronic Document Retention and Production (WG1) 2019 Annual Meeting will be held at the Four Seasons Hotel in St. Louis, MO, on October 24–25, 2019. A welcome reception is scheduled for October 23, beginning at 5:30pm.

Meet us in St. Louis to dialogue the latest work product from WG1. The agenda will include the following session topics:

  • Hot Button Issues in Negotiating ESI Protocols
  • Effective Use of Orders Under Federal Rule of Evidence 502(d)
  • Is There a Need for Guidance and Uniformity in Filing ESI Under Seal?
  • Practical Advice for Managing eDiscovery in Small Cases
  • Ephemeral Messaging: Here Today . . . Gone in Minutes???
  • Should We Build A Better Mousetrap? Privilege Logs ⸺ Part I
  • State of Sedona Working Group Series
  • Case Law Review, Part 1: Cooperation and Proportionality: Is civil discovery any more “just, speedy, and inexpensive” since the 2015 amendments to the Federal Rules of Civil Procedure?
  • Case Law Review, Part 2: Sanctions for Spoliation and Discovery Misconduct: Have the 2015 amendments to the Federal Rules of Civil Procedure changed the sanctions landscape?
  • The Verdict on Change: Judging the Effectiveness of the 2015 Amendments to the Federal Rules of Civil Procedure, where the following confirmed Judges will share their observations from the bench:
    • Hon. Noelle C. Collins, U.S. Magistrate Judge, Eastern District of Missouri
    • Hon. Joy Flowers Conti, Senior U.S. District Judge, Western District of Pennsylvania
    • Hon. Timothy S. Driscoll, Supreme Court Justice, State of New York
    • Hon. Audrey G. Fleissig, U.S. District Judge, Eastern District of Missouri
    • Hon. Katharine H. Parker, U.S. Magistrate Judge, Southern District of New York
    • Hon. Andrew J. Peck (ret.), DLA Piper
    • Hon. Anthony E. Porcelli, U.S. Magistrate Judge, Middle District of Florida
    • Hon. Thomas B. Smith, U.S. Magistrate Judge, Middle District of Florida

We are applying for 10.25 hours of CLE credit. The Sedona Conference is also an IAPP approved CPE provider.

We have obtained a very favorable room rate at the Four Seasons Hotel of $265 per night (plus tax) for a limited block of rooms on the evenings of October 23 and October 24. For those who wish to arrive early, leave late, or otherwise extend their stay, the group rate is available for three days preceding and three days following the dates of the room block, but subject to room availability. Accordingly, if you wish to book for additional nights, you should do so as soon as possible. This room block expires on September 26, 2019. Reservation information will be provided in your meeting registration confirmation email.

We hope to see you in St. Louis!

Confirmed Dialogue Leaders

Littler Mendelson P.C.

New York, NY, USA

Nichols Kaster, PLLP

Minneapolis, MN, USA

Volkswagen Group of America

Herndon, VA, USA

Lockridge Grindal Nauen PLLP

Minneapolis, MN, USA

U.S. District Court, Eastern District of Missouri

St. Louis, MO, USA

U.S. District Court, Western District of Pennsylvania

Pittsburgh, PA, USA

Norton Rose Fulbright US LLP

New York, NY, USA

New York City Law Department

New York, NY, USA

Supreme Court of the State of New York
Nassau County Supreme Court

Mineola, NY, USA

Driven, Inc.

Alpine, UT, USA

U.S. District Court, Eastern District of Missouri

St. Louis, MO, USA

Hausfeld LLP

Washington, DC, USA

Jenner & Block LLP

Chicago, IL, USA

Dentons US LLP

New York, NY, USA

USDOJ

Washington, D.C., USA

Sidley Austin

Washington, DC, USA

Hausfeld LLP

Philadelphia, PA, USA

Norton Rose Fulbright US LLP

New York, NY, USA

Nagel Rice, LLP

Roseland, NJ, USA

Humana

Louisville, KY, USA

DLA Piper

Los Angeles, CA, USA

Wachtell, Lipton, Rosen & Katz

New York, NY, USA

Technology Concepts & Design - TCDI

Cleveland, OH, USA

U.S. District Court, Southern District of New York

New York, NY, USA

Epiq

Charlotte, NC, USA

DLA Piper

New York, NY, USA

Tucker Ellis, LLP

Cleveland, OH, USA

U.S. District Court, Middle District of Florida

Tampa, FL, USA

Outten & Golden LLP

New York, NY, USA

U.S. District Court, Middle District of Florida

Orlando, FL, USA

Tadler Law LLP

New York, NY, USA

McGuireWoods LLP

Richmond, VA, USA

Actuate Law LLC

Chicago, IL, USA

Greensfelder, Hemker, & Gale, P.C.

St. Louis, MO, USA

Littler Mendelson P.C.

Philadelphia, PA, USA

The Sedona Conference

Phoenix, AZ, USA

[Session 1] Case Law Review, Part 1: Cooperation and Proportionality: Is civil discovery any more “just, speedy, and inexpensive” since the 2015 amendments to the Federal Rules of Civil Procedure?

Date: 
Thursday, October 24, 2019 - 8:45am to 9:45am
Panel Description: 

The 2015 amendments to the Federal Rules of Civil Procedure were intended to reduce the costs and burdens associated with pre-trial discovery, while protecting litigants’ rights to relevant information needed to effectively assert their claims and defenses. Rule 1’s language on cooperation, Rule 26’s articulation of proportionality factors, Rule 34’s requirements for specificity in responses – have these amendments made a difference? Have they had unintended consequences? Have they changed day-to-day practice in federal (or state) litigation? The moderator has selected recent representative cases in each of these three areas, to be presented by your fellow Working Group members, for dialogue on these questions.

[Session 2] Is There a Need for Guidance and Uniformity in Filing ESI Under Seal?

Date: 
Thursday, October 24, 2019 - 9:45am to 10:45am
Panel Description: 

The Federal District Courts find sealing authority from varying Federal Rules of Civil Procedure, with no national uniformity as to which rule applies. Moreover, sealing requirements and procedures vary widely from one court to the next, with some courts imposing expensive, complex, and burdensome requirements to file under seal. What recommended best practices for practitioners are needed for sealing electronically stored information (ESI) and the process for doing so? What approach to filing ESI and documents under seal balances the interests of the public and the interests and obligations of litigants, particularly those responsible for protecting the privacy or security of third-party information? A Brainstorming Group is considering these issues and whether WG1 should prepare a Commentary on the subject. This panel will discuss the status of that effort and obtain the input of the membership.

[Session 3] Hot Button Issues in Negotiating ESI Protocols

Date: 
Thursday, October 24, 2019 - 11:00am to 12:15pm
Panel Description: 

Electronically stored information (ESI) protocols negotiated among the parties and entered as a court order are increasingly common in litigation. What topics are important to consider including, and what are the implications of doing so? Which topics cause parties the most difficulty in reaching an agreement?

[Session 4] Effective Use of Orders Under Federal Rule of Evidence 502(d)

Date: 
Thursday, October 24, 2019 - 1:15pm to 2:15pm
Panel Description: 

Federal Rule of Evidence 502(d) was designed to insulate litigants from motion practice over whether production of attorney-client privileged information or attorney work product waived the privilege. Despite its success in accomplishing this objective, problems still exist that prevent the fulfilment of Rule 502(d)’s promise. The Rule 502(d) brainstorming group is considering practical recommendations for addressing the issues. Please join this session as we dialogue regarding 502(d) practice challenges, standard provisions for 502(d) orders, and additional guidance and best practices to better ensure the most effective use of 502(d) orders.

[Session 5] Practical Advice for Managing eDiscovery in Small Cases

Date: 
Thursday, October 24, 2019 - 2:15pm to 3:30pm
Panel Description: 

Even “small cases” can give rise to big eDiscovery headaches and size definitely matters when it comes to proportionality under Rule 26(b)(1). The “Small Cases” drafting team is continuing to incorporate input received to date and will update the WG1 membership on the latest changes to the draft on this topic. This panel will also share and discuss tips, tricks, and practical advice for responsibly and cost-effectively handling eDiscovery challenges presented by those cases filed in state and federal courts that constitute a “small case.”

[Session 6] Should We Build A Better Mousetrap? Privilege Logs ⸺ Part I

Date: 
Thursday, October 24, 2019 - 3:45pm to 5:00pm
Panel Description: 

In today's digital world, the review and preparation of privilege logs in litigation can consume hundreds of thousands of dollars or more. Yet, today's privilege logs rarely achieve the goals of enabling other parties to assess a claim of privilege or reducing the need for in camera examination of the documents. In short, the process used for protecting privileged ESI from production is broken. In part 1 of this 2-part series, representatives of different constituencies will lead the dialogue to identify what is working and what is not working. They will also explore where we might go from here in a "reasoned and just way" to ensure procedures regarding privilege are aligned with Federal Rule of Civil Procedure 1's mandate to "secure the just, speedy, and inexpensive determination" of every case. This series will culminate with a "discussion" at the 2020 WG1 Midyear Meeting regarding possible options to "move the law forward" in addressing privilege issues in discovery.

[Session 7] Case Law Review, Part 2: Sanctions for Spoliation and Discovery Misconduct: Have the 2015 amendments to the Federal Rules of Civil Procedure changed the sanctions landscape?

Date: 
Friday, October 25, 2019 - 8:30am to 9:30am
Panel Description: 

The 2015 amendments to Federal Rule of Civil Procedure 37(e) were designed to provide a uniform national standard regarding the issuance of severe sanctions to address spoliation of electronically stored information (ESI). They also introduced a new framework for determining whether sanctions of any nature should be imposed for ESI preservation shortcomings. With nearly four years having transpired since their enactment, it is worth exploring how effective the Rule 37(e) changes have been in addressing the issues. Please join this session as we dialogue about case law trends regarding the sanctions framework, the “intent to deprive” requirement, and other motion practice flash points under the rule.

[Session 8] The Verdict on Change: Judging the Effectiveness of the 2015 Amendments to the Federal Rules of Civil Procedure

Date: 
Friday, October 25, 2019 - 9:30am to 11:00am
Panel Description: 

The earlier two “Case Law Review” panels discussed whether the objectives of the 2015 amendments to the Federal Rules of Civil Procedure have been achieved, especially when it comes to cooperation, proportionality, spoliation, and sanctions. But the last word on these and related eDiscovery topics often comes from the bench. A highlight of every WG1 meeting, please join this panel of distinguished jurists as they share their own experiences and perspectives on the effectiveness of the 2015 amendments, how the presentment and resolution of eDiscovery disputes has evolved, how lawyers can satisfy their ethical obligations when it comes to eDiscovery, and what else might be done to make civil discovery more “just, speedy, and inexpensive.”

[Session 10] Ephemeral Messaging: Here Today . . . Gone in Minutes???

Date: 
Friday, October 25, 2019 - 11:45am to 12:45pm
Panel Description: 

As data volumes continue to grow exponentially, organizations are increasingly seeking ways to reduce the amount of information that has no business value. While ephemeral messaging applications have in the past been associated with nefarious activities, they offer a simple method for managing non-substantive communications. This panel will analyze the risks and benefits of ephemeral messaging and discuss solutions for addressing legal preservation obligations.