| Time |
Session |
Panelists |
| (All times PDT) |
Wednesday, October 23, 2024 |
(*=moderator) |
| 5:30 — 7:30 p.m. |
Welcome reception |
|
| |
Thursday, October 24, 2024 |
|
| 7:30 — 8:30 a.m. |
Breakfast & sign-in |
|
| 8:30 — 8:45 a.m. |
Welcome and Announcements |
Claudia Morgan, Ken Withers |
| 8:45 — 9:15 a.m. |
Session 1 -- The State of Working Group 1 |
|
| |
Join us for a session where we will aim to be all things to all members. We’ll start with a bit of additional background on our mission and methods – a little bit of ‘how the sausage is made’ so to speak. We’ll then proceed with a recap of the past year’s milestones and accomplishments, along with an overview of what’s currently in the works. Before we cede the stage to the ESI case law session, we’ll challenge attendees to share suggestions and ideas for future WG1 projects or topics to explore. |
Claudia Morgan |
| 9:15 — 10:30 a.m. |
Session 2 -- ESI Case Law Session 1: Ethics, Discovery Process, Preservation, and Search |
|
| |
Discovery case law is challenging lawyers to more effectively handle basic and advanced ESI issues for their clients. With key decisions on ethics, discovery process, preservation, search, and sanctions, this session will provide practitioners with an understanding of the top eDiscovery court decisions from the past six months and discuss how they may affect discovery practice as they prepare for 2025. |
Vince Carnevale, Lisa Cisneros, Phil Favro*, Clinton Sanko |
| 10:30 — 11:00 a.m. |
Morning Break |
|
| 11:00 a.m. — 12 noon |
Session 3 -- Initial Disclosures: Obligations and Room for a Fix |
|
| |
We all agree that early and efficient information exchange is the goal, right? Is Rule 26(a)(1) capable of delivering that ideal? Dialogue leaders will provide an overview of Rule 26(a)(1)’s mandate for Initial Disclosures and explore the strengths and weaknesses of the Rule as currently written. Discussion will include analysis of recent case law regarding compliance with Rule 26(a)(1), the challenge of balancing timing of disclosures against sufficient detail and completeness in a response, and practical advice for complying with the Rule. The panel will also raise ideas for potential Rule changes that may alleviate common struggles with effective compliance with Rule 26(a)(1). |
Elliot Bienenfeld, Hildy Bowbeer, Alicia Hawley*, Todd Heffner |
| 12 noon — 1:00 p.m. |
Lunch (provided) |
|
| 1:00 — 2:00 p.m. |
Session 4 -- Discovery Implications of the Internet of Things |
|
| |
The Internet of Things (“IoT”) is upon us, as countless devices are knit together in a web of connectivity that continuously generate, communicate, and store data. Whether it is data from a fitness wearable or home security camera, these devices are increasingly capturing information that may be relevant in litigation or government investigations. As with any technological development, especially one as complex as the IoT, this brings new challenges to the eDiscovery process. The IoT drafting team will explain what constitutes IoT data and discuss the preservation, collection, production, and review challenges unique to IoT. |
Lea Bays, Ross Gotler, Greg Kohn, Dan Regard*, Juan Villasenor |
| 2:00 — 2:45 p.m. |
Session 5 -- Drafting Team Updates: Government Privileges;
Discovery of Collaboration Platforms |
|
| |
This panel will provide updates to membership on works in progress from the newly formed Government Privileges drafting team and from the Discovery of Collaboration Platforms Data drafting team, which is the process of final revisions based on feedback received at the WG1 Midyear Meeting. |
Gareth Evans, Joe Guglielmo, Alex Khoury, Robb Snow |
| 2:45 — 3:00 p.m. |
Afternoon Break |
|
| 3:00 — 4:00 p.m. |
Session 6 -- Legal Holds: Once We’ve Got Them, What Do We Do with Them? |
|
| |
There is already significant guidance on when legal holds must be implemented and the appropriate scope of legal holds. There is, however, a dearth of guidance regarding when and how to modify or release legal holds. This newly formed drafting team will provide an update on its efforts to create guidance for modifying and releasing legal holds in the course of or after the close of investigations or litigation. The drafting team will share an overview of the origins of this drafting team, its work product so far, and the proposed vision and trajectory of the commentary. |
Jen Coleman*, Alicia Hawley, Lauren Holupko, Nathanial McPherson, Joel Richlin |
| 4:00 — 5:00 p.m. |
Session 7 -- Ethics Session: Defense of Judiciary and Duty of Civility |
|
| |
In recent years, there has been a troubling rise in both verbal and physical attacks on state and federal judges. Since 2019, serious threats against federal judges have more than doubled. Social media has played a significant role in spreading unfair criticism of judges, their staff, and even their families. Due to ethical restrictions, judges are unable to publicly defend themselves regarding the cases they oversee. This panel will explore the ethical responsibilities of lawyers and bar associations to advocate for the judiciary and uphold the rule of law. Additionally, the discussion will cover the ethical duty of civility within the legal profession. |
Hildy Bowbeer, Elizabeth Chestney, Aaron Nash, Maria Salacuse*, Ken Withers |
| 5:00 — 7:00 p.m. |
Reception (guests invited) |
|
| |
Friday, October 27, 2023 |
|
| 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 2024 and Beyond |
| |
This session offers a wide variety of judicial perspectives about eDiscovery topics that have taken center stage in 2024, including:
- Artificial Intelligence—how has the increased use of AI technologies, including generative AI, impacted matters and/or eDiscovery obligations (if at all)? How should litigants approach the use of AI in eDiscovery, and what guardrails are needed to ensure ethical obligations are met?
- The dilemma of hyperlinked files—how have courts treated requests for the production of cloud files (i.e., hyperlinked documents from SharePoint, OneDrive, Google Drive) and what should parties expect going forward?
- Views related to the duty to preserve data from ephemeral messaging applications, and what steps have or should parties take to address recent court holdings on the issue?
- Has the increased use of negotiated ESI protocols between the parties reduced the number of discovery challenges brought to the courts, and what are the most common benefits and pitfalls of entering into ESI protocols for the parties?
- What steps can companies take to plan for the lack of uniformity surrounding the issue of possession, custody, and control over data, particularly over data contained on employee phones?
How should parties think about preservation/production of increasingly available video and audio evidence?
- Reproductions of document productions from related investigations or litigation—are requests for re-productions appropriate and have they been helpful or harmful in attempting to streamline discovery and ease discovery burdens on the parties in large, complex litigation?
- What parties can learn from recent sanctions opinions related to eDiscovery?
|
Elizabeth Chestney, Lisa Cisneros, Robert Keeling*, Scott McCoy, Joel Richlin, Juan Villasenor |
| 10:00 — 10:30 a.m. |
Break |
|
| 10:30 — 11:45 a.m. |
Session 9 -- Generative AI’s Potential Impact on the Discovery Process |
|
| |
GenAI may create new options for expediting and enhancing the discovery process. If the reality meets the hype then this may change the way we approach search and retrieval, document analysis, and other discovery related tasks. Our discussions with clients, vendors, opposing counsel, and the court may need to expand accordingly. This panel will discuss how GenAI is being used now, potential benefits and pitfalls, what may be on the horizon, and what you need to know to stay abreast of these changes. |
Kelly Atherton*, Ray Mangum, Chad Roberts, Daniel Stromberg, Cristin Traylor |
| 11:45 — 12:45 p.m. |
Session 10 -- ESI Case Law Session 2: ESI Protocols, Nonwaiver Orders, Privilege Issues, and Sanctions |
|
| |
2024 has ushered in several ESI developments regarding discovery affecting lawyers and litigants alike. With new wrinkles in longstanding topics like ESI protocols, family productions, nonwaiver orders, and sanctions, this session will provide practitioners with an understanding of some the top eDiscovery court decisions issued so far this year. |
Andrea D'Ambra, Phil Favro*, Scott McCoy, Farhad Mirzadeh |
| 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) |
|
