| Time |
Session |
Panelists |
| (All times PDT) |
Wednesday, October 23, 2024 |
(*=moderator) |
| 5:30 — 7:30 p.m. |
Welcome reception |
|
| |
Thursday, October 24, 2024 |
|
| 7:30 — 8:30 a.m. |
Breakfast & sign-in |
|
| 8:30 — 8:45 a.m. |
Welcome and Announcements |
|
| 8:45 — 9:15 a.m. |
Panel 1 -- The State of Working Group 1 |
|
| |
Join us for a session where we will aim to be all things to all members. We’ll start with a bit of additional background on our mission and methods – a little bit of ‘how the sausage is made’ so to speak. We’ll then proceed with a recap of the past year’s milestones and accomplishments, along with an overview of what’s currently in the works. Before we cede the stage to the ESI case law session, we’ll challenge attendees to share suggestions and ideas for future WG1 projects or topics to explore. |
|
| 9:15 — 10:30 a.m. |
Panel 2 -- ESI Case Law Session 1: Ethics, Discovery Process, Preservation, and Search |
|
| |
Discovery case law is challenging lawyers to more effectively handle basic and advanced ESI issues for their clients. With key decisions on ethics, discovery process, preservation, search, and sanctions, this session will provide practitioners with an understanding of the top eDiscovery court decisions from the past six months and discuss how they may affect discovery practice as they prepare for 2025. |
|
| 10:30 — 11:00 a.m. |
Morning Break |
|
| 11:00 a.m. — 12 noon |
Panel 3 -- Initial Disclosures: Obligations and Room for a Fix |
|
| |
We all agree that early and efficient information exchange is the goal, right? Is Rule 26(a)(1) capable of delivering that ideal? Dialogue leaders will provide an overview of Rule 26(a)(1)’s mandate for Initial Disclosures and explore the strengths and weaknesses of the Rule as currently written. Discussion will include analysis of recent case law regarding compliance with Rule 26(a)(1), the challenge of balancing timing of disclosures against sufficient detail and completeness in a response, and practical advice for complying with the Rule. The panel will also raise ideas for potential Rule changes that may alleviate common struggles with effective compliance with Rule 26(a)(1). |
|
| 12 noon — 1:00 p.m. |
Lunch (provided) |
|
| 1:00 — 2:00 p.m. |
Panel 4 -- Discovery Implications of the Internet of Things |
|
| |
The drafting team will provide an update on the draft Commentary regarding discoverability of the Internet of Things, including a discussion of what constitutes IoT data and the preservation, collection and review challenges unique to IoT data. |
|
| 2:00 — 2:45 p.m. |
Panel 5 -- Drafting Team Updates: Privilege in Government Proceedings
and Modern Collaboration Platforms |
|
| |
This panel will provide updates to membership on works in progress from the newly formed Privilege in Government Proceedings drafting team and from the Discovery of Modern Communications and Collaboration Platforms drafting team, which is the process of final revisions based on feedback received at the WG1 Midyear Meeting. |
|
| 2:45 — 3:00 p.m. |
Afternoon Break |
|
| 3:00 — 4:00 p.m. |
Panel 6 -- Legal Holds: Once we’ve got them, what do we do with them? |
|
| |
There is already significant guidance on when legal holds must be implemented and the appropriate scope of legal holds. There is, however, a dearth of guidance regarding when and how to modify or release legal holds. This newly formed drafting team will provide an update on its efforts to create guidance for modifying and releasing legal holds in the course of or after the close of investigations or litigation. The drafting team will share an overview of the origins of this drafting team, its work product so far, and the proposed vision and trajectory of the commentary. |
|
| 4:00 — 5:00 p.m. |
Panel 7 -- Ethics Session: Defense of Judiciary and Duty of Civility |
|
| |
TIn recent years, there has been a troubling rise in both verbal and physical attacks on state and federal judges. Since 2019, serious threats against federal judges have more than doubled. Social media has played a significant role in spreading unfair criticism of judges, their staff, and even their families. Due to ethical restrictions, judges are unable to publicly defend themselves regarding the cases they oversee. This panel will explore the ethical responsibilities of lawyers and bar associations to advocate for the judiciary and uphold the rule of law. Additionally, the discussion will cover the ethical duty of civility within the legal profession. |
|
| 5:30 — 7:30 p.m. |
Reception (guests invited) |
|
| |
Friday, October 27, 2023 |
|
| 7:30 — 8:30 a.m. |
Breakfast & sign-in |
|
| 8:30 — 10:00 a.m. |
Panel 8 -- Voices from the Bench: The Judicial Perspective for 2024 and Beyond |
| |
|
|
| 10:00 — 10:30 a.m. |
Break |
|
| 10:30 — 11:45 a.m. |
Panel 9 -- Generative AI’s Potential Impact on the Discovery Process |
|
| |
GenAI may create new options for expediting and enhancing the discovery process. If the reality meets the hype then this may change the way we approach search and retrieval, document analysis, and other discovery related tasks. Our discussions with clients, vendors, opposing counsel, and the court may need to expand accordingly. This panel will discuss how GenAI is being used now, potential benefits and pitfalls, what may be on the horizon, and what you need to know to stay abreast of these changes. |
|
| 11:45 — 12:45 p.m. |
Panel 10 -- ESI Case Law Session 2: ESI Protocols, Nonwaiver Orders, Privilege Issues, and Sanctions |
|
| |
2024 has ushered in several ESI developments regarding discovery affecting lawyers and litigants alike. With new wrinkles in longstanding topics like ESI protocols, family productions, nonwaiver orders, and sanctions, this session will provide practitioners with an understanding of some the top eDiscovery court decisions issued so far this year. |
|
| 12:45 p.m. — 1:00 p.m. |
Closing remarks and wrap-up |
|
| 1:00 p.m. |
Adjournment & Grab-and-go lunch (provided) |
|
