Time | Session | Panelists |
(All times MDT) | Wednesday, April 23, 2025 | (*=moderator) |
5:30 — 7:30 p.m. | Welcome reception | |
Thursday, April 24, 2025 | ||
7:30 — 8:45 a.m. | Breakfast & sign-in | |
8:45 — 9:00 a.m. | Welcome and Announcements | |
9:00 — 10:15 a.m. | [Session 1] ESI Case Law Session 1: Recent Key Case Law Decisions and Their Impact on Discovery Practice | |
10:15 — 10:45 a.m. | Morning Break | |
10:45 — 12 noon | [Session 2] In Search of Effective Federal Rule of Civil Procedure 26(f) Conferences | |
The Effectiveness of Rule 26(f) Brainstorming Group will share insights from its outline on potential WG1 guidance on the Rule 26(f) Conferences, including the history behind Rule 26(f), current 26(f) conference practices, and what changes would improve the 26(f) conference process going forward. After meeting for several months, the group will identify the topics they have reached consensus on and make recommendations on whether changes are required to maximize the effectiveness of Rule 26(f) conferences. The group seeks feedback from WG1 members on their recommendations. | ||
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 | |
12:30 — 1:45 p.m. | Lunch (provided) | |
1:45 — 2:45 p.m. | [Session 4] A Tour of Privilege in Government Investigations and Litigation | |
This panel will explore unique government privileges in the context of informal and formal government investigations and litigation. The drafting team members will seek member feedback on the draft 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. | ||
2:45 — 3:45 p.m. | [Session 5] Gen AI -- How Is It Being Used and What Comes Next? | |
3:45 — 4:00 p.m. | Afternoon Break | |
4:00 — 5:00 p.m. | [Session 6] What Professionalism and Civility Look Like in High-Stakes Litigation | |
eDiscovery disputes in high-stakes litigation can often become heated. For almost 15 years, the Sedona Conference has encouraged parties to cooperate in the conduct of discovery to the greatest extent possible. See The Sedona Conference Cooperation Proclamation: Resources for the Judiciary, Third Edition (2020). Cooperation, however, cannot happen without litigators conducting themselves with personal courtesy and professional integrity, which can sometimes be challenging as attorneys balance acting with “zeal in advocacy” with the expectation of cooperation (ABA Model Rules of Professional Conduct, Rule 1.3 Diligence – Comment). This panel explores the professional boundaries and expectations of behavior in this big-data era, as well as ways the judiciary has facilitated civility amongst the parties. | ||
5:00 — 7:00 p.m. | Reception (guests invited) | |
Friday, April 25, 2025 | ||
7:30 — 8:45 a.m. | Breakfast & sign-in | |
8:45 — 10:15 a.m. | [Session7] Voices from the Bench: The Judicial Perspective for 2025 and Beyond | |
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10:15 — 10:45 a.m. | Break | |
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) | |
11:45 — 12:45 p.m. | [Session 9] Ethics Session: The Duty of Competence in a Complex eDiscovery World | |
12:45 p.m. — 1:00 p.m. | Closing remarks and wrap-up | |
1:00 p.m. | Adjournment & Grab-and-go lunch (provided) |