The Sedona Conference Working Group 1 Annual Meeting 2021

Date: 
Wednesday, October 20, 2021 - 8:30am to Thursday, October 21, 2021 - 1:00pm

Location: The Ritz-Carlton, Cleveland Ohio

The 2020 Annual Meeting of The Sedona Conference Working Group on Electronic Document Retention and Production (WG1) will be held at The Ritz-Carlton in Cleveland, Ohio, on Wednesday, October 20, and Thursday, October 21. A welcome reception is scheduled for Tuesday, October 19, starting at 5:30 p.m.

Please join us in Cleveland to dialogue on the latest work product from WG1. The program will feature nine sessions on the following topics:

Wednesday, October 20

  • Case Law Review: Key eDiscovery and ESI Decisions from 2021
  • Privilege Logs in Today's Digital World: Time to Reassess?
  • Exploring the Effective Use of Discovery-Related Sanctions
  • eDiscovery Implications of the Internet of Things (IoT)
  • Database Discovery

Thursday, October 21

  • Voices from the Bench: Exploring the Judicial Perspective for 2021 and Beyond
  • State of Sedona WG1
  • The Evolution of Proportionality, from the perspective of the parties and the courts
  • Ethics and Technology: Navigating the ethical waters when Proportionality and Scope of Discovery intersect

We will seek CLE accreditation for this event in selected jurisdictions as dictated by attendance.

We have obtained a very favorable group room rate at the Ritz-Carlton of $289 per night (plus tax) for a limited block of rooms on the evenings of October 19-20. 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 block of rooms will be held until September 28, 2021, after which they will be made available at the group rate on a space-available basis. Reservation information will be provided in your meeting registration confirmation email.

HEALTH AND SAFETY PROTOCOLS

The Sedona Conference will follow all federal, state, and local health and safety protocols in effect at the time and place of the meeting. Here is a link to the enhanced cleaning and safety protocols currently in place at The Ritz-Carlton Cleveland: https://whattoexpect.marriott.com/clerz. The seating at the WG1 meeting will be spread out and take full advantage of the size of the meeting room. In addition to various sanitation measures, The Sedona Conference will provide color-coded lanyards for your name tag that will signify your comfort level with social interaction at the meeting. GREEN: I am open to shaking hands and conversation in less than 6 feet proximity while still respecting personal space; YELLOW: I welcome conversation but prefer extra personal space, so please keep your distance and don't touch. RED: Please converse and keep at least 6 feet of distance from me and don't touch. 

Extracurricular activity: We realize that a trip to Cleveland wouldn't be complete for some without a visit to the Rock & Roll Hall of Fame. If you'd like to share that experience with your fellow legal-minded music aficionados, some of our members will be arranging an informal outing to visit the museum following the conclusion of our meeting on Thursday, October 21. Further details will be forthcoming.

We look forward to seeing you in Cleveland.

Confirmed Dialogue Leaders

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

New York, NY, USA

Norton Rose Fulbright

Minneapolis, MN, USA

Nichols Kaster, PLLP

Minneapolis, MN, USA

Driven, Inc.

New York, NY, USA

Volkswagen Group of America

Herndon, VA, USA

US District Court - Northern District of Ohio

Cleveland, OH, USA

FedEx

Philadelphia, PA, USA

Ernst & Young LLP

Houston, TX, USA

Hopkins & Carley, ALC

San Jose, CA, USA

Norton Rose Fulbright US LLP

New York, NY, USA

New York City Law Department

New York, NY, USA

Littler Mendelson, P.C.

Washington, DC, USA

Driven, Inc.

Alpine, UT, USA

Google LLC

Mountain View, CA, USA

Norton Rose Fulbright US LLP

Washington, D.C., USA

Husch Blackwell LLP

Kansas City, MO, USA

U.S. District Court, Eastern District of Texas

Plano, TX, USA

Sidley Austin LLP

Washington, DC, USA

Ahdoot & Wolfson, PC

New York, NY, USA

Hausfeld

Philadelphia, PA, USA

Consilio

Delray Beach, FL, USA

Lieff Cabraser Heimann & Bernstein, LLP

New York, NY, USA

Wachtell, Lipton, Rosen & Katz

New York, NY, USA

Bleichmar Fonti & Auld LLP

Oakland, CA, USA

Littler Mendelson P.C.

Minneapolis, MN, USA

iDS

Washington, DC, USA

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

San Antonio, TX, USA

Saint Louis University School of Law

St. Louis, MO, USA

Cuyahoga County Court of Common Pleas

Cleveland, OH, USA

8th District Court of Appeals

Cleveland, OH, USA

Supreme Court of Ohio

Columbus, OH, USA

Steptoe & Johnson LLP

Washington, DC, USA

Sterlington, PLLC

Sarasota, FL

Redgrave LLP

Chicago, IL, USA

The Sedona Conference

Phoenix, AZ, USA

Shook, Hardy & Bacon, LLP

Kansas City, MO, USA

The Sedona Conference

Phoenix, AZ, USA

Prudential Financial, Inc.

New York, NY, USA

WG1 Annual Meeting 2021 Agenda

Time Session  Panelists
(All times EDT) Tuesday, October 19, 2021  * = moderator
5:30 — 7:30 p.m. Welcome reception  
  Wednesday, October 20, 2021   
7:30 — 8:30 a.m. Breakfast & sign-in  
8:30 — 8:45 a.m. Welcome and Announcements Craig Weinlein, Martin Tully
8:45 — 10:15 a.m. [Session 1] Case Law Review: Key eDiscovery and ESI Decisions from 2021  
  2021 has ushered in several ESI developments regarding discovery affecting lawyers and litigants alike. With new wrinkles in longstanding topics like proportionality and sanctions to cutting-edge trends with forensic exams, family production practices, and the interplay between procedural and evidentiary rules, this session will provide practitioners with an understanding of the top eDiscovery court decisions issued so far this year. Kevin Brady, Phil Favro*, Kelly McNabb, Niloy Ray, Hon. Michelle Sheehan, Ken Withers
10:15 — 10:45 a.m. Morning Break  
10:45 — 12:00 noon [Session 2] Privilege Logs v. 2021  
  Privilege logging in today’s digital world can consume hundreds of thousands of dollars unnecessarily. A reassessment of privilege log requirements appears to be gaining ground, particularly since the Civil Rules Advisory Committee is considering possible amendments to address systemic privilege log problems. Continuing The Sedona Conference’s tradition of dedicating sessions about privilege logs at WG1 meetings, representatives of different constituencies will lead the dialogue on the status of the Privilege Log drafting team’s efforts. Kelly Atherton, Rebekah Bailey, Hon. Kimberly C. Johnson, Claudia Morgan*.
12:00 — 1:00 p.m. Lunch (provided)  
1:00 — 2:15 p.m. [Session 3] Exploring the Effective Use of Discovery-Related Sanctions  
  The Sedona Conference WG1 Sanctions Brainstorming Group performed a holistic analysis on the application and effectiveness of discovery-related sanctions available under the Federal Rules of Civil Procedure. Panelists from the Brainstorming Group will discuss their findings on how sanctions are being used in discovery, the impact of the inconsistent application of sanctions, and the interplay between sanctions available under the Rules and the court’s inherent authority. The panel will provide guidance on what more can be done to resolve or navigate inconsistencies in the law and how sanctions can be effectively used to facilitate good faith participation in discovery. Anthony DiSenso, Robert Keeling*, Jeannine Kenney, Hon. Xavier Rodriguez, Karen Sanner
2:15 — 2:45 p.m. Afternoon Break  
2:45 — 3:45 p.m. [Session 4] eDiscovery Implications of the Internet of Things  
  The universe of potentially discoverable ESI has been significantly expanded by the emergence of tens of billions of connected devices, commonly known as the Internet of Things (“IoT”). Devices such as smart watches, fitness trackers, vehicle systems, and smart home products—along with the ESI that they may generate, collect, transmit, and store—pose unique discovery challenges that may not fit neatly into current eDiscovery practices and associated decisional authority. In this session, members of the IoT drafting team will discuss this timely and complex topic and seek input from Sedona membership on the issues. Lilith Bat-Leah, Hon. J. Philip Calabrese, Jennifer Coleman*, Warren Kruse, Christopher Suarez, Steven Teppler
3:45 — 4:45 p.m. [Session 5] Database Discovery  
 

The volume of data in databases, and the types of data stored in these databases, has, like all other data, increased exponentially.  In addition, advances in broadband and “the Cloud” bring new ways to store and access that data. The Database Principles Brainstorming Group will report on their work evaluating the need to update the 2014 publication The Sedona Database Principles in regards to the paper’s applicability to present-day database discovery, the inclusion of new data types, and the impact of new Civil Rules and recent database case law.

Lilith Bat-Leah, Scott Cleary, Laura Hunt*, Dan Regard, Hon. Brendan Sheehan
4:45 — 5:00 p.m. Recognitions  
5:00 — 7:00 p.m. Reception (guests invited)  
     
  Thursday, October 21, 2021  
7:30 — 8:30 a.m. Breakfast & sign-in  
8:30 — 10:00 a.m. [Session 6] Voices from the Bench: The Judicial Perspective for 2021 and Beyond
 

This session offers a wide variety of judicial perspectives about issues that are top-of-mind for the field including:

  • How might counsel handle ESI preservation and spoliation events within ethical boundaries?
  • What is and isn't working with ESI Protocols?
  • What technologies are increasingly problematic for ESI discovery?
  • How can courts strike a balance between active judicial case management and discovery being a party-driven process?
  • What strategies work for dispute resolution that encourage the parties to reach a cooperative resolution regarding ESI disputes?
  • Special Masters for ESI disputes – what’s working and what’s not?
  • Ethical obligations regarding competence –- what is the standard, and how can courts make their expectations clear?
Hon. Stewart Aaron, Hon. J. Philip Calabrese, Jennifer Coleman*, Hon. Kimberly C. Johnson, Hon. Xavier Rodriguez, Hon. Brendan Sheehan, Hon. Michelle Sheehan, Hon. Melody Stewart
10:00 — 10:30 a.m. [Session 7] State of Sedona WG1  Martin Tully
10:30 — 10:45 a.m. Morning Break  
10:45 — 11:45 a.m. [Session 8] "Let me guess, Proportionality?"  
  Proportionality has been an integral part of the discovery analysis long before the 2015 amendments moved it to Rule 26(b)(1). Since that time, proportionality has enjoyed a renaissance as a popular basis for both objecting to and demanding discovery. In this session, dialogue leaders will discuss the evolution of parties’ use and courts’ analyses of proportionality. We will also explore the interplay between the six proportionality factors and identify other implicit considerations, including privacy, that have been considered while assessing proportionality. Hon. Stewart Aaron, Vince Catanzaro, Andrea D'Ambra*, Tessa Jacob, Henry Kelston
11:45 — 12:45 p.m. [Session 9] Ethics and Technology at the Intersection of Proportionality and Scope of Discovery  
 

Beyond an attorney’s ethical requirement of competence with technology, there are other rules of professional conduct that may be easy to miss as applicable to a litigator’s discovery practice. The rules calling for candor to the court and fairness to the opposing party and counsel may be implicated when an attorney negotiates or uses technology in the realm of proportionality or scope of discovery.  Our dialogue leaders will explore the intersection between these areas, technology, and the applicable ethical rules and discuss how litigators can best navigate those ethical waters.

Kim Duplechain, Claire Hass, Angelica Ornelas, Hon. Melody Stewart, Jeremy Wikler*
12:45 — 1:00 p.m. Closing remarks and wrap-up Martin Tully, Craig Weinlein
1:00 — 2:00 p.m. Grab-and-go lunch (provided)