The Sedona Conference® Working Group SeriesSM

Authoritative, Meaningful, and Balanced Commentary. The Sedona Conference® Working Group SeriesSM was launched in 2002 and represents the evolution of The Sedona Conference® from a forum for advanced dialogue to an open think-tank confronting some of the most challenging issues faced by our legal system today. The first Working Group (WG1) met on October 17-18, 2002, and was dedicated to the development of guidelines for electronic document retention and production. The impact of its first publication—The Sedona Principles Best Practices Recommendations and Principles Addressing Electronic Document Production —was immediate and substantial. The Principles was cited in the Advisory Committee on Civil Rules Discovery Subcommittee Report on Electronic Discovery less than a month after publication of the first draft, and was cited in a seminal e-discovery decision in the Southern District of New York less than a month after that. As noted in the June 2003 issue of Pike & Fischer’s Digital Discovery and E-Evidence, “The Principles…influence is already becoming evident.” The rest, including enactment of the federal rules on e-discovery in 2006, is, as they say, history.

We now have nine Working Groups, described below.

How the Working Groups work

Working Groups begin with the same high caliber of participants as our Regular Season conferences, but are limited to approximately 35 core participants for the initial meeting and drafting efforts. Further, in lieu of finished papers being posted on the website in advance of a conference, thought pieces and other ideas are exchanged and the Working Group itself becomes the opportunity to create a set of recommendations, principles or other educational guidance. Working Group output is then put through a broad peer review process involving members of the entire Working Group SeriesSM and, where possible, critique at one of our Regular Season conferences, resulting in an authoritative, meaningful, and balanced final commentary for publication and distribution.

The Sedona Conference® Working Group SeriesSM Membership Program offers a vehicle for those who wish to support our mission and interact with others interested in tipping point issues in the areas of antitrust law, complex litigation, and intellectual property rights. Membership in the Working Group SeriesSM allows any interested jurist, attorney, academic, consultant, or expert to participate in Working Group activities, including drafting team projects, Working Group meetings, and dialogue on current works-in-progress.

As a Member of The Sedona Conference® Working Group SeriesSM you will have access to the Working Group Members Only areas of this web site, where draft works in progress are posted for comment by others in the Working Group, references and discussion forums are available, and, if you “opt in” to the roster for a specific Working Group, you will receive announcements about that particular Working Group’s events, notices seeking applications for drafting teams and brainstorming groups, and notices of the posting of draft works-in-progress for comment.

Join The Sedona Conference Working Group SeriesSM . Once you join the Working Group SeriesSM, the title of each Working Group will become a link and you will be able to access each Working Group’s online activities. The current Working Groups are:

Electronic Document Retention and Production - Working Group 1

The mission of Working Group 1 is to develop principles and best practice recommendations for electronic document retention and production in civil litigation. The group released the first public comment draft of The Sedona Principles in March 2003, and the impact was immediate and substantial. Within a few weeks, The Sedona Principles was cited by the Civil Rules Advisory Committee Discovery Subcommittee as one of the reasons to focus on possible amendments to the Federal Rules of Civil Procedure, and it was cited in the seminal Zubulake case in the Southern District of New York.

Protective Orders, Confidentiality and Public Access - Working Group 2

The mission of Working Group 2 was to develop principles and best practices addressing protective orders, confidentiality issues, sealing orders, and motions to vacate or modify orders to permit public access. The Working Group issued its draft report May of 2005. The report was the subject of a series of “town hall” meetings held in Newark, Dallas, Denver, and Birmingham, and extensive public comment. The Working Group reconvened in April 2006 to work on the “final” report, which was published in early 2007.

The Role of Economics in Antitrust - Working Group 3

The mission of Working Group 3 was to identify where economic analysis can make an important contribution to the reasoned development of the antitrust laws, and create recommendations and best practices regarding evidence from economic experts. The Working Group developed a commentary on the role of economics in antitrust that was released for public comment in August of 2005 and was the subject of extensive dialogue at the fall 2005 Sedona Antitrust Conference. The group finalized this commentary in 2006.

Intersection of the Patent and Antitrust Laws - Working Group 4

The mission of Working Group 4 is to create guidelines to help courts resolve disputes on the intersection of the patent and antitrust laws. Extensive dialogue about the initial draft work product was conducted at the fall 2005 Sedona Antitrust Conference, the 2006 Sedona Patent Litigation Conference, and during subsequent meetings of the Working Group. A public comment version of the Introduction was published in 2007. The final Commentary will be published in early 2010, after which a discussion forum on the topic will continue for members of the Working Group SeriesSM.

The Markman Process and Claim Construction - Working Group 5

The mission of Working Group 5 was to develop a set of “best practices” for the courts to facilitate claim construction in patent litigation, and to maximize efficiency and minimize inconsistency in the Markman process consistent with F.R.C.P. 1. The Working Group issued a public comment version of its recommendations in June 2006. A final version is set for publication in the first quarter of 2010, after which a discussion forum on the topic will continue for members of the Working Group SeriesSM.

International Electronic Information Management, Discovery and Disclosure - Working Group 6

The mission of Working Group 6 is to address issues that arise in the context of e-information management and e-disclosure for organizations subject to litigation and regulatory oversight in multiple jurisdictions with potentially conflicting international laws. The group serves as a global forum and think-tank for sharing information, developing best practices, and educating on matters of national and international law and policy regarding the discovery, management, disclosure, and protection of electronically stored information.

Sedona Canada - Working Group 7

The mission of Working Group 7 - Sedona Canada - is to create forward-looking principles and best practice recommendations for lawyers, courts, businesses, and others who regularly confront e-discovery issues in Canada. The Sedona Canada Principles was released in early 2008 (in both English and French) and was immediately recognized by federal and provincial courts as an authoritative source of guidance for Canadian practitioners. It was explicitly referenced in the Ontario Rules of Civil Procedure and practice directives that went into effect in January 2010.

Mass Torts and Punitive Damages - Working Group 8

The mission of The Sedona Conference® Working Group on Mass Torts and Punitive Damages is to better understand how to achieve the public interest in deterring and punishing reprehensible misconduct by exploring procedures and criteria for the imposition of appropriate punitive damages awards that reflect jurisprudential guidelines and vindicate the social utility of their deterrent and punitive functions.

Patent Damages and Remedies - Working Group 9

The mission of the Working Group on Patent Damages and Remedies is to create guidelines that will help to clarify and guide the evolution of patent damages and remedies considerations to encourage patent damages and remedies law to remain current with the evolving nature of patents and patent ownership.

Patent Litigation Best Practices - Working Group 10

The mission of this Working Group is to develop best practices and recommendations for patent litigation case management in the post-AIA environment. The Working Group Steering Committee is composed of members of the federal trial and appellate court benches, including judges in the Patent Pilot Program, along with litigators who primarily represent patentees and those who primarily represent accused infringers in federal court, the Patent Office and the ITC.

The Sedona Conference® Working Group SeriesSM Membership Program offers a vehicle for those who wish to support our mission and interact with others interested in tipping point issues in the areas of antitrust law, complex litigation, and intellectual property rights. Membership in the Working Group SeriesSM allows any interested jurist, attorney, academic, consultant, or expert to participate in Working Group activities, including drafting team projects, Working Group meetings, and dialogue on current works-in-progress.

  • Access to all Working Group members-only areas
  • Ability to post comments, suggested edits, and reactions to draft Commentaries
  • Access to Working Group discussion forums
  • Opportunity to apply to attend Working Group meetings
  • Opportunity to apply to participate in drafting teams or brainstorming groups
  • Advance notice of TSC educational programs and webinars