The Sedona Conference Institute (TSCI) Presents: 2022 eDiscovery Negotiation Training: Practical Cooperative Strategies

Date: 
Tuesday, March 29, 2022 - 12:00pm to Thursday, March 31, 2022 - 4:45pm

Location:
Online (Zoom)

Join leading jurists, in-house counsel, outside counsel, and eDiscovery experts online (via Zoom) on March 29-31, 2022, for this unique program which helps participants develop practical skills in eDiscovery negotiation. In the program, participants are trained to negotiate effectively with opposing counsel, in order to ensure efficient, cost-effective fact-finding, and avoid unnecessary disputes, consistent with Rule 1 of the Federal Rules of Civil Procedure and the ethical obligations of attorneys as officers of the court.

Since the pandemic began, the parties to litigation have been conducting Rule 26(f) conferences online and the courts have been conducting Rule 16 conferences online.  Most courts have found online conferences to be very effective and more efficient than in-person conferences and have announced that online Rule 16 conferences are here to stay.  Given that much of pretrial practice has now moved online, our eDiscovery Negotiation Training program will be conducted online to mirror current pretrial practice.  

Program Description

The program features a heavily participatory format. Through use of a litigation hypothetical, faculty demonstrations, and mock negotiation and hearing exercises, participants explore practical cooperative strategies to avoid or resolve conflicts that commonly occur in the preservation, collection, production, and use of electronically stored information.

Under the supervision of the experienced faculty, participants take part in three mock Rule 26(f) conferences focusing on scope of discovery, preservation, form of production, privilege, and social media, in both breakout sessions and plenary sessions. Some participants also have an opportunity to participate in a mock Rule 16(b) case management conference during a plenary session, with one of our judicial faculty members presiding. The faculty of veteran trial lawyers, eDiscovery experts, and judges provide opportunities for dialogue, demonstrations, and valuable critique of the attendees' performances in the exercises.

Application for an Invitation

Participation in this program is significantly limited to ensure a high instructor-attendee ratio and a strong participatory experience. Participants receive personalized feedback and critique from faculty members, and in many cases, have the opportunity for a one-on-one dialogue with faculty members. For this reason, it is necessary to limit the number of participants. Additionally, the program is "invitation only" to ensure a proper balance of participants.

Co-Chairs

Perkins Coie LLP

Washington, DC

Baylor Law School

Dallas, TX

Confirmed Faculty

Self-employed/Retired

Clemson, SC, USA

IBM

Armonk, NY, USA

Volkswagen Group of America

Herndon, VA, USA

AlixPartners LLP

New York, NY, USA

Georgetown Law

Alexandria, VA, USA

U.S. District Court for the District of Maryland

Greenbelt, MD, USA

Robbins Geller Rudman & Dowd LLP

San Diego, CA, USA

BakerHostetler

New York, NY, USA

U.S. District Court, Eastern District of Texas

Plano, TX, USA

King & Spalding

Atlanta, GA, USA

Shaw Keller LLP

Wilmington, DE, USA

Appellate Division, Supreme Court of the State of New York

New York, NY, USA

U.S. District Court, Southern District of Florida

West Palm Beach, FL, USA

Meta-e Discovery

Milford, CT, USA

Hill Ward Henderson

Franklin, TN, USA

Microsoft

Redmond, WA, USA

Redgrave LLP

Chicago, IL, USA

TCDI

Cleveland, OH, USA

DLA Piper

New York, NY, USA

iDS, Ltd

London, United Kingdom

Cozen O'Connor

Philadelphia, PA, USA

Littler Mendelson P.C.

Philadelphia, PA, USA

Agenda

Time Session Panelists
  Tuesday, March 29, 2022 (all times EST)  
12:00 — 12:15 Welcome & overview Hughes, Schultz, Weinlein
12:15 — 12:45 What do Judges Expect: A Dialogue with Judges Artigliere and Grimm Artigliere, Grimm, J.
12:45 — 1:00 Break  
1:00 — 1:45 How to Deal With a Difficult Opponent: A View from the Trenches
1:45 — 2:00 Break  
2:00 — 3:15 Scope, Form and Preservation:  Breakout Session Entire Faculty
3:15 — 3:30 Break  
3:45 — 5:00 Scope, Form and Preservation:  Plenary Session  
5:00 — 6:00 Reception  
Time Session Panelists
  Wednesday, March 30, 2022 (all times EST)  
12:00 — 1:15 Privilege: Breakout Session Entire Faculty
1:30 — 1:30 Break  
1:30 — 3:00 Privilege: Breakout Session  
Time Session Panelists
  Thursday, March 31, 2022 (all times EST)  
12:00 — 1:15 Social Media: Breakout Session Entire Faculty
1:15 — 1:30 Break  
1:30 — 3:00 Social Media: Plenary Session  
3:00 — 3:15 Break  
3:15 — 4:45 Rule 16(b) Case Management Conference: Plenary Session  

*Panel Moderator