The Sedona Conference Working Group 1 Midyear Meeting 2022

Date:

Thursday, April 28, 2022 - 8:30am to Friday, April 29, 2022 - 1:15pm

Location: The Camby, Phoenix, Arizona

The Sedona Conference Working Group on Electronic Document Retention and Production (WG1) 2022 Midyear Meeting will be held at The Camby hotel in Phoenix, AZ, on Thursday, April 28, and Friday, April 29. A welcome reception is scheduled for Wednesday, April 27, beginning at 5:30 p.m.

Session Information:

Please join us at the meeting and add your voice to the dialogue for the following sessions:

1. ESI Case Law in 2022: Key Trends and Developments

2. Unique eDiscovery Challenges in Multidistrict Litigation

3. Draft Commentary Review: Today's Privilege Log Solutions

4. Database Principles: Keeping Current in the Cloud in a Remote-Work Era

5. Diversity Programs in the Corporate Legal Sector: Branding or True Initiative?

6. The Application and Effectiveness of Discovery-Related Sanctions

7. Draft Commentary Review: Discovery Implications of the Internet of Things

8. Voices from the Bench: The Judicial Perspective for 2022 and Beyond

9. Changes and Trends in TAR Case Law

10. The Evolving Ethics of Technology Competence in a Post-Email World

A detailed and timed Agenda for the sessions is available below.

Hotel Reservation Information:

We have obtained a very favorable room rate at The Camby of $259 per night (plus tax) for a limited block of rooms on the evenings of April 27-28. 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 room block expires on March 31. Reservation information will be provided in your meeting registration confirmation email.

Health and Safety Protocols:

The Sedona Conference strongly encourages all meeting attendees to be vaccinated. We will follow all federal, state, and local health and safety protocols in effect at the time and place of the meeting. The seating at the WG1 meeting will be spread out and take full advantage of the size of the meeting room, and all breakfasts, lunches, and receptions will be held outdoors. (Average Phoenix temperatures in late April range from daytime highs in the upper 80s to overnight lows in the mid 60s.) 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 conversing 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 keep at least 6 feet of distance from me when conversing and don't touch.

We look forward to seeing you in Phoenix!

Confirmed Dialogue Leaders

Kelly Atherton Norton Rose Fulbright Minneapolis, MN, USA	Jeffrey Bannon EEOC Washington, DC, USA	Lea Bays Robbins Geller Rudman & Dowd LLP San Diego, CA, USA	Steven Berrent Steptoe LLP Washington, DC, USA
Christopher Boehning Paul, Weiss, Rifkind, Wharton & Garrison LLP New York, NY, USA	Scott Michael Clary Ernst & Young LLP Houston, TX, USA	Kimberly J. Duplechain Littler Mendelson, P.C. Washington, DC, USA	Phil Favro Innovative Driven Alpine, UT, USA
Adam Gajadharsingh Google Atlanta, GA, USA	Hon. Allison Goddard U.S. District Court, Southern District of California San Diego, CA, USA	Ross Gotler Paul, Weiss, Rifkind, Wharton & Garrison LLP New York, NY, USA	Tracy Greer Comptroller of the Currency, Treasury Department Washington, DC, USA
Claire Hass Google LLC Mountain View, CA, USA	Ruth Hauswirth Cooley LLP San Diego, CA, USA	Laura Hunt Meta Platforms, Inc. Washington, D.C., USA	Tessa K. Jacob Husch Blackwell LLP Kansas City, MO, USA
Emily B. Jennings Paul Hastings New York, NY, USA	Greg M. Kohn Nagel Rice, LLP Roseland, NJ, USA	Leeanne Mancari Covington & Burling LLP Los Angeles, CA, USA	Eric P. Mandel KLDiscovery Minnetonka, MN, USA
Shari C Mauney General Services Administration Washington, DC, USA	Kelly McNabb Lieff Cabraser Heimann & Bernstein, LLP New York, NY, USA	David Moncure Spring, TX, USA	Maureen O'Neill Consilio San Francisco, CA, USA
Timothy Michael Opsitnick TCDI Cleveland, OH, USA	Angelica M. Ornelas Bleichmar Fonti & Auld LLP Oakland, CA, USA	John J. Pappas Jr. Attorney At Law Naperville, IL, USA	Meghan A. Podolny Hunton Andrews Kurth LLP Richmond, VA, USA
Hon. Anthony E. Porcelli U.S. District Court, Middle District of Florida Tampa, FL, USA	Niloy Ray Littler Mendelson P.C. Minneapolis, MN, USA	Maria Salacuse EEOC Washington, DC, USA	Michelle Six Gunster New York, NY, USA
Robb Snow FDIC Arlington, VA, USA	Jonathan E Swerdloff Scott+Scott New York, NY	Hon. Sam A Thumma Arizona Court of Appeals Phoenix, AZ, USA	Martin T. Tully Redgrave LLP Chicago, IL, USA
Hon. Maria Valdez U.S. District Court, Northern District of Illinois Chicago, IL, USA	Craig W. Weinlein The Sedona Conference Phoenix, AZ, USA

WG1 Midyear Meeting Agenda

Time	Session	Panelists
(All times EDT)	Wednesday, April 27, 2022	* = moderator
5:30 — 7:30 p.m.	Welcome reception

	Thursday, April 28, 2022
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] ESI Case Law in 2022: Key Trends and Developments
	ESI case law in 2022 is pushing courts to consider both technologically challenging and well-worn topics. While addressing subjects like ephemeral messaging and cloud applications, courts continue to grapple with issues regarding Rule 34 responses and conduct that could merit discovery sanctions. This session will review some of the top eDiscovery court decisions from the past six months on these and other issues and discuss how they may affect discovery practice going forward in 2022.	Philip Favro*, Hon. Allison Goddard, Ruth Hauswirth, Robb Snow
10:15 — 10:30 a.m.	Morning Break
10:30 — 11:30 a.m.	[Session 2] Unique eDiscovery Challenges in Multidistrict Litigation
	Multidistrict Litigations (MDLs) are the 800-pound gorilla in federal courts and are a procedural and logistical area outside of the "standard" rules. Since at least August 2017, when the Advisory Committee on Civil Rules created an MDL subcommittee, conversations, panels, and conferences have discussed problems with current MDL rules and proceedings. Join us for a session exploring the unique eDiscovery challenges in the MDL context as well as best practices in how to face those challenges.	Tracy Greer*, Tim Opsitnick, Angelica Ornelas, Michelle Six
11:30 — 12 noon	[Session 3] Draft Commentary Review: Today's Privilege Log Solutions
	With the explosion of electronic communications, privilege review has become even more cumbersome and expensive, causing many to ask whether a better approach to demonstrating privilege exists. The Sedona Conference has assembled a drafting team to explore alternative logging options and methodologies for improving efficiencies. Dialogue leaders will update membership on the team's draft and elicit feedback on important topics.	Adam Gajadharsingh, Tessa Jacob*, Meghan Podolny
12:00 — 1:00 p.m.	Lunch (provided)
1:00 — 2:00 p.m.	[Session 4] Database Principles: Keeping Current in the Cloud in a Remote-Work Era
	WG1 last updated The Sedona Database Principles in 2014 to reflect current best practices and recommendations for eDiscovery in civil actions involving databases and information derived from databases. Since that time there has been a growing trend toward remote work and virtual offices. With this trend, the use and importance of cloud databases has significantly increased. The Database Principles drafting team will provide dialogue on the status of the team's efforts to update the Database Principles to reflect the current times.	Jeffrey Bannon, Scott Clary*, Laura Hunt, Jonathan Swerdloff, Shari Mauney
2:00 — 3:00 p.m.	[Session 5] Diversity in the Legal/Corporate Sector: Branding or True Initiative?
	Are diversity and inclusion committees, policies, and mission statements being used by the legal sector truly effective, or are they marketing fluff? In this session, representatives of different constituencies will explore initiatives that have truly advanced diversity and inclusionj in the legal field, as well as those that have fallen short. Join us to dialogue on what we can learn from both to continue to advance diversity and inclusion.	Kelly Atherton*, Leeanne Mancari, David Moncure, Maureen O'Neill, Hon. Maria Valdez
3:00 — 3:30 p.m.	Afternoon Break
3:30 — 4:30 p.m.	[Session 6] The Application and Effectiveness of Discovery-Related Sanctions
	The Sedona Conference has undertaken a paper focusing on the application and effectiveness of discovery-related sanctions available under the Federal Rules of Civil Procedure, including how sanctions are being used in discovery, the court's application of sanctions since the 2015 amendments, and the interplay between sanctions available under the Rules and the court's inherent authority. This panel will discuss how The Sedona Conference can help practitioners navigate this evolving body of law.	Kimberly Duplechain, Adam Gajadharsingh, Eric Mandel*, Kelly McNabb, Hon. Anthony Porcelli
4:30 — 5:00 p.m.	[Session 7] Draft Commentary Review: Discovery Implications of the Internet of Things
	The Internet of Things Drafting Team was convened in 2021 to examine the discovery challenges presented by the emergence of tens of billions of connected devices commonly known as the Internet of Things ("IoT"). This session will provide a progress report on the drafting team's efforts and seek feedback from Sedona membership.	Ross Gotler*, Claire Hass, Tessa Jacob, Greg Kohn
5:00 — 7:00 p.m.	Reception (guests invited)

	Friday, April 29, 2022
7:30 — 8:30 a.m.	Breakfast & sign-in
8:30 — 10:00 a.m.	[Session 8] Voices from the Bench: The Judicial Perspective for 2022 and Beyond
	This session offers a wide variety of judicial perspectives about issues that are top-of-mind for the field including: What is and isn't working with ESI Protocols? What technologies are increasingly problematic for ESI discovery? Should courts help parties reach agreement regarding ESI disputes or just make rulings on those disputes? Do Special Masters help? How have remote proceedings affected litigation? Sanctions and their role in ESI disputes?	Hon. Allison Goddard, Greg Kohn*, Hon. Anthony Porcelli, Hon. Sam Thumma, Hon. Maria Valdez
10:00 — 10:30 a.m.	Break
10:30 — 11:30 a.m.	[Session 9] Changes and Trends in TAR Case Law
	TAR has provided fertile battleground among litigating parties on many issues, including parties' discretion to use TAR, transparency and cooperation, use of search terms with TAR, validation, proportionality, and, of course, the application of Sedona Principle 6. WG1 published its TAR Case Law Primer in 2017, which provided a comprehensive synthesis of TAR case law at that time. Five years later, case law has continued to evolve, such that a drafting team began work last year on an updated, second edition of the Primer. This panel will discuss TAR case law changes and trends since 2017 and how they are being incorporated in the revised Primer.	Emily Jennings, Leeanne Mancari, John Pappas, Maria Salacuse*
11:30 — 11:45 a.m.	Break
11:45 — 12:45 p.m.	[Session 10] The Evolving Ethics of Technology Competence in a Post-Email World
	Forty states have ethics requirements of technology competence for lawyers; some well-known court decisions have stressed their importance. With a continued shift in communications from email to chats, texts, apps, Teams, and Slack--accelerated by the pandemic--and technology focused on the cloud and Internet of Things, what does this mean for lawyers in 2022 and beyond? Our panel will discuss this topic and such questions as: What standards should judges hold counsel--and themselves--to? Should judges receive additional training so they are aware of the recent changes in technology? Should such training be part of continuing education requirements for lawyers? What ethics principles are lawyers bound by in relation to their eDiscovery obligations?	Lea Bays, Steven Berrent, Christopher Boehning*, Claire Hass, Niloy Ray, Hon. Sam Thumma
12:45 — 1:00 p.m.	Closing remarks and wrap-up	Craig Weinlein
1:00 — 2:00 p.m.	Grab-and-go lunch (provided)

Date:

Thursday, April 28, 2022 - 8:30am to Friday, April 29, 2022 - 1:00pm

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Registration

Regular Registration Fee:	$1295 USD
Government & Non-Profit Registration Fee:	$1095 USD

If you qualify for a discount, but are not able to obtain it when registering, please contact our office at [email protected] for further assistance.

Registration includes two breakfasts, two lunches, and two receptions.

Our financial aid policy is available upon request.

Sponsorship Opportunities

CLE

The Sedona Conference does not apply for CLE accreditation prior to any webinar. Upon request and verification of participation, a Certificate of Attendance will be provided to participants wishing to self-apply for CLE credits. Please contact [email protected] for any questions regarding CLE.

Refund Policy

Refunds are available for cancellations made at least 21 days before the program is scheduled, less any credit card processing fees charged to The Sedona Conference. For cancellations made within 21 days of the program, no refunds are available but substitution of another individual from the same organization is permitted or a credit can be requested to be applied to a future Sedona program.