The Sedona Conference Institute (TSCI) Presents: 2023 eDiscovery Negotiation Training: Practical Cooperative Strategies

Thursday, March 23, 2023 - 8:15am to Friday, March 24, 2023 - 4:00pm


Offices of BakerHostetler
Atlanta, GA

Join leading jurists, in-house counsel, outside counsel, and eDiscovery experts at the offices of BakerHostetler in Atlanta, Georgia, on March 23-24, 2023, 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.

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, form of production, and preservation; privilege; and social media; and a mock Rule 16(b) case management conference, in both breakout sessions and plenary sessions. 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.

Mandatory Advance Program Preparation

Please note, this program requires mandatory advance individual and group preparation. Regarding individual preparation, participants are expected to attend, or review a recording of, a preparatory webinar (held approximately two weeks in advance of the program) and review the litigation hypothetical and other program materials. Regarding group preparation, participants are assigned a teammate and faculty advisor and need to meet virtually with both in advance of the program. As a result, participants need to be assigned teammates and faculty advisors well in advance of the program to ensure an adequate amount of time for the required preparation. Given that, finalizing registration for the program (or withdrawing from the program, for that matter) within three weeks of the date of the program can be very disruptive. Therefore, after March 2, 2023, COB EST, we can no longer guarantee a prospective applicant or invitee who has not finalized their registration a seat in the program.


Perkins Coie LLP

Washington, DC, USA

Baylor Law School

Dallas, TX, USA


Ralph Artigliere LLC

Clemson, SC, USA


Philadelphia, PA, USA

4Cs Ranch

New York, NY, USA

Littler Mendelson, P.C.

Kansas City, MO, USA


Atlanta, GA, USA


New York, NY, USA

Bolch Judicial Institute at Duke Law School

Durham, NC, USA

Robbins Geller Rudman & Dowd LLP

San Diego, CA, USA

Georgia Business Court

Atlanta, GA, USA

Meta Platforms, Inc.

Washington, D.C., USA


New York, NY, USA

Dorsey & Whitney LLP

Minneapolis, MN, USA

King & Spalding

Atlanta, GA, USA

Shaw Keller LLP

Wilmington, DE, USA

Covington & Burling LLP

Los Angeles, CA, USA

Cobb County State Court

Marietta, GA, USA

Denver, CO, USA

Kessler Topaz Meltzer & Check, LLP

Radnor, PA, USA


San Francisco, CA, USA

U.S. District Court, Eastern District of Texas

Plano, TX, USA


Washington, DC, USA

King & Spalding

Atlanta, GA, USA

The State Court of Fulton County

Atlanta, GA, USA

FTI Consulting

Philadelphia, PA, USA


Time Session Panelists
  Thursday, March 23, 2023  
7:15 — 8:15 Sign-In and Breakfast  
8:15 — 8:35 Welcome & overview Hughes, Schultz, Weinlein
8:35 — 9:35 How to Deal With a Difficult Opponent: A View from the Trenches Gronborg, Hughes*, Hunt, Keller
9:35 — 9:45 Break  
9:45 — 11:00 Scope, Form and Preservation:  Breakout Session Entire Faculty
11:00 — 11:10 Break  
11:10 — 12:25 Scope, Form and Preservation:  Plenary Session CohenMancariSchultz*
12:25 — 1:25 Lunch  
1:25 — 2:10 What do Judges Expect: A Dialogue with Judges Artigliere and Grimm Artigliere*, Grimm
2:10 — 2:20 Break  
2:20 — 3:35 Privilege: Breakout Session Entire Faculty
3:35 — 3:45 Break  
3:45 — 5:00 Privilege: Plenary Session GajadharsinghJacobs*, Newcomer
5:00 — 7:00 Reception  
Time Session Panelists
  Friday, March 24, 2023  
8:00 — 9:00 Sign-In and Breakfast  
9:00 — 9:10 Day Two Kick-Off Hughes, Schultz, Weinlein
9:10 — 10:25 Social Media: Breakout Session Entire Faculty
10:25 — 10:35 Break  
10:35 — 11:50 Social Media: Plenary Session Jones*, Salacuse, Tate
11:50 — 1:00 Lunch  
1:00 — 2:15 Rule 16(b) Case Management Conference: Breakout Session Entire Faculty
2:15 — 2:25 Break  
2:25 — 3:55 Rule 16(b) Case Management Conference: Plenary Session Johnson, J.*, Manning, J.
3:55 — 4:05 Closing Remarks Hughes, Schultz, Weinlein

*Panel Moderator

Thursday, March 23, 2023 - 8:15am to Friday, March 24, 2023 - 4:05pm