| Time |
Session |
Panelists |
| |
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 |
|
| |
Discovery case law is challenging lawyers to more effectively handle basic and advance ESI issues for their clients. With key decisions on preservation, discovery process, ethics, sanctions, and search, this session will review some of the top eDiscovery court decisions from the past six months and spotlight how they may affect discovery practice going forward in 2025. |
|
| 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 |
|
| |
This panel of WG1 Steering Committee Liaisons will provide updates to the membership on the continuing efforts and progress of various WG1 drafting team projects, including Managing, Modifying, and Lifting Legal Holds; Artificial Intelligence and Machine Learning in Discovery; Sufficiency of Rule 26(a)(1) Initial Disclosures; and 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] The Evolving Roles of AI Tech and Humans in Discovery |
|
| |
This panel examines how trust and acceptance of AI tools have evolved from early TAR approaches to today's modern TAR and GenAI applications. Drawing on lessons from the past, we'll explore current uses in document review and privilege analysis, while looking ahead to transformative applications like AI-enhanced early case assessment and real-time evidence retrieval. We will explore the balance between AI capabilities and human expertise, risk considerations, and predictions for how AI advancements may reshape discovery practice in both the near and long term. |
|
| 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 |
| |
This session will present a wide range of judicial perspectives on emerging eDiscovery trends, new techniques, and recent case law. This esteemed panel will discuss hot topics such as generative AI, collaboration and short-message format discovery, modern "attachments", and best practices for evaluating and resolving complex eDiscovery disputes.
|
|
| 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) |
|
| |
Discovery and ESI case law in 2025 is pushing courts to consider a range of complex ESI issues. While tackling issues involving artificial intelligence and family productions, courts must also deal wiht seemingly banal yet still timely and important topics such as privilege logging. This session will review a range of these issues, highlighting some of the top eDiscovery cases from the past six months and discussing how they may affect discovery practice going forward this year and beyond. |
|
| 11:45 — 12:45 p.m. |
[Session 9] Ethics Session: The Duty of Competence in a Complex eDiscovery World |
|
| |
Attorneys play a critical role in guiding their clients on the preservation, collection, review, and production of electronically stored information to ensure compliance with discovery obligations. They must also effectively collaborate with opposing counsel to develop robust discovery plans. In today's digital age, with the proliferation of mobile devices, ephemeral messaging, cloud storage, collaboration platforms, hyperlinked documents, and AI-driven document review, the required level of technological competence has risen dramatically - often surpassing the comfort zone of many attorneys. This panel will explore the ethical and professional standards surrounding technological competence, the level of expertise required of attorneys, and how much attorneys may rely upon their clients and service providers while still ensuring compliance with their obligations. |
|
| 12:45 p.m. — 1:00 p.m. |
Closing remarks and wrap-up |
|
| 1:00 p.m. |
Adjournment & Grab-and-go lunch (provided) |
|
