Time |
Session |
Dialogue Leaders |
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Wednesday, April 23, 2025 |
(*=moderator) |
5:30 — 7:30 p.m. |
Welcome Reception |
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Thursday, April 24, 2025 |
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7:30 — 8:45 a.m. |
Breakfast & sign-in |
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8:45 — 9:00 a.m. |
Welcome and Announcements |
Claudia Morgan, Ken Withers |
9:00 — 10:15 a.m. |
[Session 1] ESI Case Law Session 1: Recent Key Case Law Decisions and Their Impact on Discovery Practice |
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Discovery case law is challenging lawyers to handle basic and advanced ESI issues more effectively for their clients. With key decisions on preservation, discovery process, ethics, sanctions, and search, this session will review some of the top eDiscovery court decisions from the past six months and evaluate how they may affect the future of discovery practice. |
Phil Favro*, Ruth Hauswirth, Hon. Marcia Henry, Shauna Itri |
10:15 — 10:45 a.m. |
Morning Break |
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10:45 — 12 noon |
[Session 2] In Search of Effective Federal Rule of Civil Procedure 26(f) Conferences |
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This session will build on months of work by the Effectiveness of Rule 26(f) Brainstorming Group to develop guidance for improving these “meet-and-confer” conferences. The group will examine the history behind Rule 26(f), which is mandated by the Federal Rules of Civil Procedure to lay out a clear plan for the discovery process. The group will evaluate current 26(f) conference practices, and what changes would improve the process. The group will also identify the topics on which they have reached consensus, make recommendations for change, and solicit feedback from WG1 members on those recommendations. |
Hon. Maria Audero, Travis Bustamante*, Emily Jennings, Michelle Newcomer, Benjamin Piep |
12 noon — 12:30 p.m. |
[Session 3] Ongoing WG1 Drafting Team Updates: Managing, Modifying, and Lifting Legal Holds; Artificial Intelligence and Machine Learning in Discovery; Sufficiency of Rule 26(a)(1) Initial Disclosures; Discovery Sanctions |
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This panel of WG1 Steering Committee Liaisons will provide updates to the membership on the continuing efforts and progress of upcoming WG1 commentaries, including Managing, Modifying, and Lifting Legal Holds; Artificial Intelligence and Machine Learning in Discovery; Sufficiency of Rule 26(a)(1) Initial Disclosures; and Discovery Sanctions. |
Lea Bays*, Kaleigh Boyd, Daniel Lim, Meghan Podolny |
12:30 — 1:45 p.m. |
Lunch (provided) |
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1:45 — 2:45 p.m. |
[Session 4] A Tour of Privilege in Government Investigations and Litigation |
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This panel will examine unique government privileges in the context of informal and formal government investigations and litigation. The panel will review member feedback on the upcoming Primer, focused on the following government privileges: Bank Examination, Bank Secrecy Act, Confidential Informants, Deliberative Process, Executive, FOIA, Investigatory Files, Law Enforcement Investigative, Legislative, Official Information, Peer Review, Relator, Self-Critical Analysis, and State Secrets Privilege. |
Traer Cundiff*, Hon. Iain Johnston, Alex Khoury, Glenn Melcher, Pearl Robertson |
2:45 — 3:45 p.m. |
[Session 5] The Evolving Roles of AI Tech and Humans in Discovery |
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This panel will examine how trust and acceptance of AI tools have evolved from early TAR approaches to today's modern TAR and GenAI applications. Drawing on lessons from the past, we'll evaluate current uses in document review and privilege analysis, while looking ahead to transformative applications such as AI-enhanced, early-case assessment and real-time evidence retrieval. We will explore the balance between AI capabilities and human expertise, risk considerations, and predictions for how AI advancements may reshape discovery practice in both the near and long term. |
Tara Emory*, Nathaniel Giddings, Hon. Allison Goddard, Robert Keeling, Jeremy Pickens |
3:45 — 4:00 p.m. |
Afternoon Break |
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4:00 — 5:00 p.m. |
[Session 6] What Professionalism and Civility Look Like in High-Stakes Litigation |
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eDiscovery disputes in high-stakes litigation often become heated. Cooperation cannot occur unless litigators conduct themselves with personal courtesy and professional integrity—which can sometimes be challenging as attorneys balance the need to act with “zeal in advocacy” against the expectation of cooperation (ABA Model Rules of Professional Conduct, Rule 1.3 Diligence – Comment). This panel will review the professional boundaries and the expectations of behavior in this big-data era. It will also examine the ways in which the judiciary has facilitated civility amongst parties. |
Hon. Joy Flowers Conti, Dennis Kiker, Kelly McNabb*, Karen Sanner |
5:00 — 7:00 p.m. |
Reception (guests invited) |
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Friday, April 25, 2025 |
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7:30 — 8:45 a.m. |
Breakfast & sign-in |
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8:45 — 10:15 a.m. |
[Session 7] Voices from the Bench: The Judicial Perspective for 2025 and Beyond |
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This session will review and assess a wide range of judicial perspectives on emerging eDiscovery trends, new techniques, and recent case law. This esteemed panel will confront hot topics such as generative AI, collaboration and short-message format discovery, modern "attachments," and best practices for evaluating and resolving complex eDiscovery disputes.
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Hon. Maria Audero, Kaleigh Boyd*, Hon. Joy Flowers Conti, Hon. John Docherty, Hon. Allison Goddard, Hon. Marcia Henry, Hon. Iain Johnston, Hon. Bruce Reinhart, Hon. Elizabeth Cowan Wright |
10:15 — 10:45 a.m. |
Break |
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10:45 — 11:45 a.m. |
[Session 8] ESI Case Law Session 2: Recent Key Case Law Decisions and Their Impact on Discovery Practice (continued) |
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Discovery and ESI case law in 2025 is pushing courts to consider a range of complex ESI issues. While tackling issues involving artificial intelligence and family productions, courts must also deal with seemingly banal, yet still timely and important topics such as privilege logging. This session will review a range of these issues, highlighting some of the top eDiscovery cases from the past six months and examining how they may affect discovery practice this year and beyond. |
Angel Bradford, Jason Moore*, Kyle Pozan, Gerard Quinn, Hon. Elizabeth Cowan Wright |
11:45 — 12:45 p.m. |
[Session 9] Ethics Session: The Duty of Competence in a Complex eDiscovery World |
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Attorneys play a critical role in guiding their clients on the preservation, collection, review, and production of electronically stored information to ensure compliance with discovery obligations. They must also effectively collaborate with opposing counsel to develop robust discovery plans. In today's digital age, with the proliferation of mobile devices, ephemeral messaging, cloud storage, collaboration platforms, hyperlinked documents, and AI-driven document review, the required level of technological competence has risen dramatically, often surpassing the comfort zone of many attorneys. This panel will examine the ethical and professional standards surrounding technological competence, the level of expertise required of attorneys, and how much attorneys may rely upon their clients and service providers while still ensuring compliance with their obligations. |
Rebekah Bailey, Suzanne Clark*, Hon. John Docherty, Paul McVoy, Tony Petruzzi, Deric Yoakley |
12:45 p.m. — 1:00 p.m. |
Closing remarks and wrap-up |
Ken Withers |
1:00 p.m. |
Adjournment & Grab-and-go lunch (provided) |
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