The Sedona Conference in the United States

The Sedona Conference (TSC) is a charitable, 501(c)(3) non-partisan research and educational institute dedicated to the advancement of law and policy in the areas of antitrust law, complex litigation and intellectual property rights. It is supported by registrations, meeting fees, sponsorships and other donations. The Sedona Conference is a Minnesota nonprofit corporation with its principal place of business in Phoenix, AZ.

The Sedona Conference believes that the combined knowledge of experts representing varied viewpoints, focused through the “magic” of dialogue outside an adversarial setting, can achieve critically important consensus on the most difficult leading edge issues. The Sedona Conference brings together the brightest minds in a think-tank setting with the goal of creating practical solutions and recommendations. Their findings are developed and enhanced through a substantive peer review process and the resulting content widely published in conjunction with educational programs for the bench and bar, so that it can swiftly drive the reasoned and just advancement of law and policy in the areas under study.

The Sedona Conference Glossary about E-Discovery & Digital Information Management

The Sedona Conference Glossary is published as a tool to assist in the understanding and discussion
of electronic discovery and electronic information management issues. It is not intended to be an
all-encompassing replacement of existing technical glossaries published by ARMA International
(arma.org), American National Standards Institute (ansi.org), International Organization
for Standardization (iso.org), U.S. National Archives & Records Administration
(archives.gov) and other professional organizations.

Publications

Complex Litigation Legal Topic: A Personal Response to the Opposing Views [to the WG2 Guidelines]
Electonic Discovery Legal Topic: An Open Invitation to Participate in the TREC Legal Track 2009
Electonic Discovery Legal Topic: An Open Invitation to Participate in the TREC Legal Track 2010
International Legal Topic: Comment of The Sedona Conference® Working Group 6 to Article 29 Data Protection Working Party Working Document 1/2009 (“WP 158”)
Complex Litigation Legal Topic: Companion Piece to April, 2005 Public Comment Draft – Differing Views
International Legal Topic: Formulaire de commentaires
Electonic Discovery Legal Topic: Interview Of Judge Shira A. Scheindlin
Electonic Discovery Legal Topic: Ken Withers, E-Discovery and Combative Legal Culture: Finding A Way Out of Purgatory (pre-publication draft of an article forthcoming in the November/December 2008 issue of The San Diego Lawyer Magazine)
International Legal Topic: LES PRINCIPES DE SEDONA CANADA : L’administration de la preuve électronique (Janvier 2008)
Electonic Discovery Legal Topic: Navigating the Vendor Proposal Process: Best Practices for the Selection of Electronic Discovery Vendors
Electonic Discovery Legal Topic: Navigating the Vendor Proposal Process: Best Practices for the Selection of Electronic Discovery Vendors(Second Edition)
Intellectual Property Legal Topic: November 2003 Willfulness Survey (Patent Litigation)(Copyright 2004 The Sedona Conference)
Electonic Discovery Legal Topic: Observations on “The Sedona Principles” 03/2003 Public Comment Draft
Complex Litigation Legal Topic: Opposing Views to WG2 Guidelines
Electonic Discovery Legal Topic: Overview of Changes in the 2005 Version of The Sedona Guidelines on the Management of Electronic Information
Electonic Discovery Legal Topic: Overview of Changes to The Sedona Principles in 2004
Electonic Discovery Legal Topic: Public Comment Draft – The Sedona Principles: Best Practices Recommendations & Principles for Addressing Electronic Document Production
International Legal Topic: Sedona Canada Principles 2d ed. (Nov 2015)_11-19-15
International Legal Topic: Sedona Canada: La Production des Documents Electroniques (Mai 2007 Version Publique Pour Commentaires)
Complex Litigation Legal Topic: Selected Public Commentary on The Sedona Guidelines: Best Practices Addressing Protective Orders, Confidentiality & Public Access in Civil Cases
Complex Litigation Legal Topic: Supplement to Volume 10 of The Sedona Conference Journal® – Cooperation
International Legal Topic: The Sedona Canada Commentary on Enforcing Letters Rogatory Issued By an American Court in Canada: Best Practices & Key Points to Consider
International Legal Topic: The Sedona Canada Commentary on Practical Approaches for Cost Containment (Public Comment Version)
International Legal Topic: The Sedona Canada Commentary on Proportionality in Electronic Disclosure and Discovery – Public Comment Version
International Legal Topic: The Sedona Canada Principles (Public Comment Version)
International Legal Topic: The Sedona Canada Principles Addressing Electronic Discovery (January 2008)
International Legal Topic: The Sedona Canada Principles Addressing Electronic Discovery 2nd Ed Public Comment Version 2015
Electonic Discovery Legal Topic: The Sedona Conference Commentary on Achieving Quality in the E-Discovery Process
Electonic Discovery Legal Topic: The Sedona Conference Commentary on Legal Holds_2010
Intellectual Property Legal Topic: The Sedona Conference Commentary on Patent Damages and Remedies (June 2014 Public Comment Version)
Intellectual Property Legal Topic: The Sedona Conference Commentary on Patent Litigation Best Practices: Case Management Issues from the Judicial Perspective Chapter_2015 Public Comment Version
Intellectual Property Legal Topic: The Sedona Conference Commentary on Patent Litigation Best Practices: Discovery Chapter_October 2014 Public Comment Version
Intellectual Property Legal Topic: The Sedona Conference Commentary on Patent Litigation Best Practices: Introductory Chapter August 2014 Public Comment Version
Intellectual Property Legal Topic: The Sedona Conference Commentary on Patent Litigation Best Practices: Introductory Chapter_July 2015
Intellectual Property Legal Topic: The Sedona Conference Commentary on Patent Litigation Best Practices: Parallel USPTO Proceedings Chapter_October 2014 Public Comment Version
Intellectual Property Legal Topic: The Sedona Conference Commentary on Patent Litigation Best Practices: Summary Judgment Chapter_August 2014 Public Comment Version
Intellectual Property Legal Topic: The Sedona Conference Commentary on Patent Litigation Best Practices: Summary Judgment Chapter_Oct. 2015 Edition
Intellectual Property Legal Topic: The Sedona Conference Commentary on Patent Litigation Best Practices: Use of Experts Chapter_October 2014 Public Comment Version
Electonic Discovery Legal Topic: The Sedona Conference Commentary on Privacy and Information Security
Electonic Discovery Legal Topic: The Sedona Conference Commentary on Privacy and Information Security_Public Comment Version
Electonic Discovery Legal Topic: The Sedona Conference Commentary on Rule 34 and Rule 45 “Possession, Custody, or Control” Publ.Comm.Version
Electonic Discovery Legal Topic: The Sedona Conference Commentary on the Protection of Privileged ESI_Nov 2014 Public Comment Version
Antitrust Legal Topic: The Sedona Conference Commentary on the Role of Economics in Antitrust (August, 2005 Public Comment Version)
Antitrust Legal Topic: The Sedona Conference Commentary On The Role Of Economics In Antitrust Law
Electonic Discovery Legal Topic: The Sedona Conference Cooperation Proclamation Resources for the Judiciary_December 2014
Electonic Discovery Legal Topic: The Sedona Conference Database Principles_2014 Edition
International Legal Topic: The Sedona Conference Practical In-House Approaches for Cross-Border Discovery and Data Protection_Sept 2015 Public Comment Version
Intellectual Property Legal Topic: The Sedona Conference Report on the Markman Process – June 2006 Public Comment Version
Electonic Discovery Legal Topic: The Sedona Conference® “Jumpstart Outline”
Electonic Discovery Legal Topic: The Sedona Conference® Best Practices Commentary on the Use of Search and Information Retrieval Methods in E-Discovery
Electonic Discovery Legal Topic: The Sedona Conference® Commentary on Achieving Quality in the E-Discovery Process
Electonic Discovery Legal Topic: The Sedona Conference® Commentary on Email Management
Electonic Discovery Legal Topic: The Sedona Conference® Commentary on ESI Evidence & Admissibility
Electonic Discovery Legal Topic: The Sedona Conference® Commentary on Ethics & Metadata
Electonic Discovery Legal Topic: The Sedona Conference® Commentary on Ethics & Metadata (March 2012 Public Comment Version)
Intellectual Property Legal Topic: The Sedona Conference® Commentary on Finding the Hidden ROI in Information Assets
Electonic Discovery Legal Topic: The Sedona Conference® Commentary on Inactive Information Sources
Electonic Discovery Legal Topic: The Sedona Conference® Commentary on Information Governance
Electonic Discovery Legal Topic: The Sedona Conference® Commentary on Legal Holds, August 2007 Public Comment Version
Electonic Discovery Legal Topic: The Sedona Conference® Commentary on Non-Party Production & Rule 45 Subpoenas
Electonic Discovery Legal Topic: The Sedona Conference® Commentary on Preservation, Management and Identification of Sources of Information that are Not Reasonably Accessible
Electonic Discovery Legal Topic: The Sedona Conference® Commentary on Proportionality
Antitrust Legal Topic: The Sedona Conference® Commentary on the Intersection of the Patent & Antitrust Laws
Intellectual Property Legal Topic: The Sedona Conference® Commentary on the Intersection of the Patent & Antitrust Laws
Electonic Discovery Legal Topic: The Sedona Conference® Cooperation Guidance for Litigators & In-House Counsel
Electonic Discovery Legal Topic: The Sedona Conference® Cooperation Proclamation
Electonic Discovery Legal Topic: The Sedona Conference® Cooperation Proclamation: Resources for the Judiciary
Electonic Discovery Legal Topic: The Sedona Conference® Database Principles Addressing the Preservation and Production of Databases and Database Information in Civil Litigation
International Legal Topic: The Sedona Conference® Framework for Analysis of Cross-Border Discovery Conflicts: A Practical Guide to Navigating the Competing Currents of International Data Privacy & e-Discovery
Electonic Discovery Legal Topic: The Sedona Conference® Glossary 2005 Version
Electonic Discovery Legal Topic: The Sedona Conference® Glossary: E-Discovery & Digital Information Management (Fourth Edition)
Electonic Discovery Legal Topic: The Sedona Conference® Glossary: E-Discovery & Digital Information Management (Second Edition)
Electonic Discovery Legal Topic: The Sedona Conference® Glossary: E-Discovery & Digital Information Management (Third Edition)
International Legal Topic: The Sedona Conference® International Overview of Discovery Data Privacy and Disclosure Requirements
International Legal Topic: The Sedona Conference® International Principles on Discovery, Disclosure & Data Protection: Best Practices, Recommendations & Principles for Addressing the Preservation & Discovery of Protected Data in U.S. Litigation (European Union Edition)
Intellectual Property Legal Topic: The Sedona Conference® Introduction to the IP-Antitrust Interface
Electonic Discovery Legal Topic: The Sedona Conference® Primer on Social Media
Intellectual Property Legal Topic: The Sedona Conference® Report on the Markman Process
Electonic Discovery Legal Topic: The Sedona Guidelines for Managing Information and Records in the Electronic Age
Complex Litigation Legal Topic: The Sedona Guidelines on Confidentiality and Public Access
Electonic Discovery Legal Topic: The Sedona Guidelines: Best Practice Guidelines & Commentary for Managing Information & Records in the Electronic Age
Electonic Discovery Legal Topic: The Sedona Guidelines: Best Practice Guidelines & Commentary for Managing Information & Records in the Electronic Age (public comment version)
Complex Litigation Legal Topic: The Sedona Guidelines: Best Practices Addressing Protective Orders, Confidentiality and Public Access in Civil Cases (Revised April 2005 Public Comment Version)
Electonic Discovery Legal Topic: The Sedona Principles Addressing Electronic Document Production
Electonic Discovery Legal Topic: The Sedona Principles Addressing Electronic Document Production, Second Edition
Electonic Discovery Legal Topic: The Sedona Principles after the Federal Amendments
Electonic Discovery Legal Topic: THE SEDONA PRINCIPLES: Best Practices Recommendations & Principles for Addressing Electronic Document Production

The Sedona Conference Cooperation proclamation

The legal, business, and popular press has been abuzz with articles on electronic discovery and the increasing cost and burden of litigation. The Sedona Conference®, the nation’s leading non-partisan, non-profit law-and-policy think tank, is actually doing something about it. Leading jurists, trial attorneys, corporate counsel, government lawyers, and others are signing onto “The Cooperation Proclamation.” By doing so, they are pledging to reverse the legal culture of adversarial discovery that is driving up costs and delaying justice; to help create “toolkits” of model case management techniques and resources for the Bench, inside counsel, and outside counsel to facilitate proportionality and cooperation in discovery; and to help create a network of trained electronic discovery mediators available to parties in state and federal courts nationwide, regardless of technical sophistication, financial resources, or the size of the matter.

The Sedona Conference Commentary on Legal Holds: The Trigger & The Process

This publication was published in The Sedona Conference Journal, Volume 11 (Also by Thomas Allman & Conor R. Crowley) in September, 2010.

Working Groups

Every year The Sedona Conference puts on a “regular season” of restricted attendance conferences in the three areas of its study. The conferences are dialogue-based, mini-sabbaticals for the nation’s leading jurists, lawyers, and experts that allow them to examine cutting edge issues of law and policy. They feature a faculty of approximately fifteen judges, lawyers and experts, and are limited to 45 additional participants, to ensure an intimate environment for meaningful dialogue. The conferences serve as incubators to identify “tipping points” in the law that may benefit from the creation of a Working Group for in-depth focus. When appropriate, a Working Group is formed that includes as many viewpoints and areas of expertise as possible to develop best practices, guidelines, or principles that may be of practical and immediate benefit to the bench and bar, and all other participants in the legal system.

Working Group 1 was formed in the Summer of 2002 and issued a public comment version of The Sedona Principles addressing electronic document production in March of 2003 – a month later, the Principles were cited by the Federal Judicial Center’s Civil Rules Advisory Committee Discovery Subcommittee as one of the reasons to focus on possible amendments to the Federal Rules of Civil Procedure in this area. A month later it was cited by the Southern District of New York in the first of many opinions in the now seminal Zubulake case. Subsequently, it was cited by the District of Kansas as “persuasive authority” where no guidance existed in either the rules or the case law to help resolve the dispute before the court on the discovery of various data in connection with electronic spreadsheets. Williams v. Sprint/United Management Co., 2005 WL 2401626 (D. Kan. Sept. 29, 2005). Since then, WG1 has published the Second Edition of The Sedona Principles (June, 2007), and a number of Commentaries of immediate benefit to the Bench and Bar, including: The Sedona Conference® Commentary on Legal Holds, The Sedona Conference® Commentary on Best Practices for Search and Information Retrieval, The Sedona Conference® Commentary on Email Management and Archiving, the Second Edition of Best Practices for Navigating the eDiscovery Vendor Selection Process, the Third Edition of The Sedona Conference® Glossary, an updated version of the Legal Holds Commentary and a commentary on Proportionality. Additional commentaries are currently being developed addressing 1) social media; 2) structured data; 3) cloud computing; 4) cooperation guidance & resources for the bench and bar, and; 5) discovery 2.0.

Working Group 2 on Protective Orders, Confidentiality and Public Access issued its public comment report on best practices in May of 2005. The report was the subject of a series of Town Hall meetings held in Newark, Dallas, Denver and Birmingham to gather feedback before the group reconvened in April 2006 to work on the “final” product, which was published in early 2007. This work product has already been discussed at various judicial education programs around the country, and will be the focus of webinars and programs to be presented by The Sedona Conference® Institute in the future.

Working Group 3 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 antitrust conference. The group finalized this commentary in 2006. The commentary was presented to the Civil Rules Advisory Committee Discovery Sub-Committee on the issue of disclosure of expert reports in 2007, and will be the subject of various webinars in the future.

Working Group 4 is developing a paper on the intersection of the patent and antitrust laws. The goal is to create guidelines to help courts resolve disputes in this important area of the law. Extensive dialogue about the initial draft work product was conducted at the fall 2005 antitrust conference, the 2006 patent conference, and during subsequent meetings of the Working Group. This Working Group is moving towards completing its public comment draft this year.

Working Group 5 has developed a set of recommended best practices for Markman hearings and claim construction in patent litigation, and issued a public comment version of its recommendations in June 2006. It will soon be finished with the public comment phase and finalizing its work product this year.

Working Group 6 is an international effort addressing issues that arise in the context of e-information management and e-disclosure for multinationals subject to litigation and regulatory oversight in multiple jurisdictions with potentially conflicting internal laws. The first meeting was in Cambridge, England in the summer of 2005. The Working Group immediately began working on an International Survey, a resource library, and international judicial education programs. A second meeting was held in September 2006 in Madrid, its third annual meeting was in December 2007 in Hamilton, Bermuda, where the International Survey and Cross-Borders Conflicts papers were further disused, and its fourth annual meeting was held in Barcelona in 2009. The Cross-Borders Conflicts paper was published in 2008, and the International Survey was published in 2009 in both a static and a wiki format. The Group is currently working on a practical “solutions” paper; a draft of which was the subject of its fifth annual meeting held in September in Washington, DC, in connection with The Second Annual Sedona Conference International Programme on Cross-Border Discovery & Data Privacy.

Working Group 7 is an all-Canadian group developing e-disclosure principles and information management guidelines for Canada. The first meeting was held in Quebec in May, 2006 and included members of the judiciary and private and government bar from six provinces, as well as observers from the United States bench and bar. The public comment version of The Sedona Canada Principles was published both in Sedona Canada and French in 2007. Following a second meeting in Alberta, the final version of the Sedona Canada Principles was completed and was published in early 2008. WG7 is currently working on four, focused commentaries following its annual meeting in Vancover in 2009; the first of which, a commentary on proportionality in electronical discovery in Canada, was published for public comment this fall.

Working Group 8 has a core group that is addressing the issues surrounding punitive damages in mass tort litigation. The Steering Committee includes an active federal judge and a retired state judge, both experienced in complex civil litigation and mass torts. A public comment draft of the Working Group’s study and recommendations will be developed over the next year, and membership in the Group will be open to the general public in early 2011.

Working Group 9 is dedicated to the issue of patent damages and remedies, and providing some practical guidance and harmonization of current case law in an area that is critical to those involved in patent litigation. A core group has been formed and a public comment draft is expected to be released within a year. Membership will be open to the general public in early 2011.

Working Group output is the result of a dialogue-based process that seeks consensus from all interested viewpoints on a particular issue. Where consensus can be reached, principles are created. Where consensus cannot be reached, guidelines or best practices are created on how to address and/or address the issue(s) under consideration. The created product undergoes a period of public-comment and peer review for approximately 6-12 months. Following this aspect of the peer review process, the original drafting team reviews the comments and work product and incorporates appropriate changes and edits into a “final” document. The Working Group concept also offers an ongoing process to stay current with the changing environment. For example, Working Group 1’s efforts, including The Sedona Principles, entered a second generation with an updated edition of The Sedona Principles released in 2007 containing extensive commentary relating the Principles to the 2006 amendments to the Federal Rules of Civil Procedure.

The Sedona Conference