The Sedona Conference Working Group 1 Midyear Meeting 2021

Date: 
Wednesday, April 28, 2021 - 12:00pm to Thursday, April 29, 2021 - 4:30pm

Location:
Online (Zoom)

The 2021 Midyear Meeting of Working Group 1 on Electronic Document Retention and Production (WG1) will be held online on Wednesday, April 28, from noon to 5 p.m. (EDT) and Thursday, April 29, from noon to 4:30 p.m.

The meeting will feature six sessions, including the ever-popular Case Law Review and Judicial Roundtable, as well as a social reception hour to facilitate the networking and camaraderie that is a staple of the WG1 community. Confirmed topics include:

Wednesday, April 28:

  • Case law review
  • Brainstorming Group update: The Privilege Log: What’s Working, What Isn’t, and Approaches to Modernize it
  • Brainstorming Group update: Preserving and Collecting Data from the Internet of Things
  • Social reception

Thursday, April 29:

  • Judicial roundtable
  • Drafting Team update: Best Practices for Uniformity in Filing ESI Under Seal
  • Recruiting, Retaining, and Promoting Diverse Talent in eDiscovery

The Sedona Conference will seek CLE accreditation in accordance with rules and regulations set forth by individual jurisdictions for virtual meetings. Various state MCLE authorities require that we verify your live, active participation throughout the program. 

The meeting is open to all WG1 members. For information on joining the Sedona Working Group Series (WGS), which enables you to participate in all WGS activities, click here.

We look forward to seeing you, virtually, in April!

Confirmed Dialogue Leaders

U.S. District Court, Central District of California

Los Angeles, CA, USA

Driven, Inc.

Alpine, UT, USA

Barnes & Thornburg LLP

Atlanta, GA

Dentons

New York, NY, USA

Husch Blackwell LLP

Kansas City, MO, USA

Ahdoot & Wolfson, PC

New York, NY, USA

The New York City Law Department

New York, NY, USA

Wachtell, Lipton, Rosen & Katz

New York, NY, USA

Hunton Andrews Kurth LLP

Richmond, VA

North Carolina Business Court

Winston-Salem, NC, USA

U.S. District Court, Eastern District of Louisiana

New Orleans, LA, USA

Bowman and Brooke, LLP

Bloomfield Hills, MI, USA

Mandelbaum Salsburg, PC

North Palm Beach, FL

Actuate Law LLC

Chicago, IL, USA

U.S. District Court, District of Colorado

Denver, CO, USA

The Sedona Conference

Phoenix, AZ, USA

The Sedona Conference

Phoenix, AZ, USA

Agenda

Time Session Panelists
  Day 1, Wednesday, April 28, 2021 (all times EDT)  
12:00 — 12:15 Welcome and Announcements  
12:15 — 1:45 [Session 1] Case Law Review  
 

We may have had limited access to the courts during most of 2020—and well into 2021—but that hasn't prevented judges from issuing landmark eDiscovery decisions. Sanctions cases get the most attention, of course, and we've seen several. But the courts have also addressed the collection of ESI during a pandemic, privilege and work product protection, the increasing significance of privacy considerations, and the continued back-and-forth over ESI protocols. eDiscovery veteran Ken Withers has developed a short list of the "must know" decisions from the last several months, and he will be calling on some of your colleagues to present the case facts, holdings, and practical impacts.

 
1:45 — 2:00 Break/open mic  
2:00 — 2:50 [Session 2] The Privilege Log: What's Working, What Isn't, and Approaches to Modernize It  
 

As a follow-up to the 2019 and 2020 WG1 Annual Meeting sessions on protecting privileged ESI and alternatives to addressing privilege issues, WG1 formed the Privilege Log Brainstorming Group to determine what is and is not working in the privilege log process, develop approaches to mitigate the issues identified using technology to modernize the traditional log, and identify best methods for handling log disputes. The Brainstorming Group will ensure these approaches and methodologies are consistent with Federal Rule of Civil Procedure 1's mandate to "secure the just, speedy, and inexpensive determination" of every case, while at the same time ensuring that parties have the ability to obtain evidence necessary to litigate cases. It will also explore how we can move the law forward in a reasoned and just way. The Brainstorming Group will present its analysis and circulate a draft outline with some open questions for discussion with the membership.

 
2:50 — 3:00 Break/open mic  
3:00 — 3:50 [Session 3] Preserving and Collecting Data from the Internet of Things  
 

The Internet of Things ("IoT") refers to the ability of everyday objects to connect to the Internet and to send and receive data. This panel will discuss obtaining discovery from, for example, internet-connected cameras; home automation systems; smart speakers and TVs; and wearables. The panel will discuss the challenges of preserving and collecting data from the IoT, including topics like security, access, collection, and use of data. The panel will also discuss the results of the IoT Brainstorming Group's work regarding whether Sedona should draft a Commentary on IoT.

 
3:50 — 4:00 Break/open mic  
4:00 — 5:00 Social Reception  
Time Session Panelists
  Day 2, Thursday, April 29, 2021  
12:00 — 1:30 [Session 4] View from the bench  
 

With so many lawyers focused on COVID-19, it would be easy to overlook the significant case law developments and trends on electronic discovery that transpired since the onset of the pandemic. Courts have addressed any number of key issues on eDiscovery issues ranging from proportionality and technology-assisted review to cost shifting and sanctions. In this session, our panel of federal and state judges will provide their insights on the issues and offer practice tips that counsel won't want to miss.

 
1:30 — 1:45 Break/open mic  
1:45 — 2:45 [Session 5] Model Rule and Best Practices for Uniformity in Filing ESI Under Seal  
  The Federal District Courts differ significantly as to the procedures practitioners must follow in order to file documents under seal, with no national uniformity. In many districts, the time and expense of complying with the various requirements are burdensome to both litigants and the courts. The Working Group has undertaken a survey of the various District Courts’ approaches to filing ESI and documents under seal in an effort to develop a uniform rule on the procedures for filing under seal that lessens the burden and expense on both the courts and practitioners, and creates consistency between and among jurisdictions. Our panelists will discuss edits made to the draft rule presented for member feedback at the Annual Meeting in October 2020; provide an update on a more comprehensive Commentary/Practice Guide that incorporates the uniform rule and discuss the legal basis/guidance for its development; and analyze current case law and standards relating to the sealing of records.  
2:45 — 3:00 Break/WG1 Status Report  
3:00 — 4:15 [Session 6] Recruiting, Retaining, and Promoting Diverse Talent in the Ediscovery Community  
 

Sitting at the intersection of the legal and tech sectors, eDiscovery suffers from under-representation by diverse personnel; perhaps even more so given that both sectors significantly under-represent minorities in every diverse category compared to the general population. Law firms and businesses are recognizing the tangible benefits of recruiting and promoting diverse legal talent. But many historical recruiting and retention practices may include unconscious bias that disadvantages diverse applicants and as well as employees seeking advancement. In this session our panelists will discuss specific changes that can be made improve recruiting, retention, and promotion of diverse eDiscovery lawyers.

 
4:15 — 4:30 Closing remarks