The Sedona Conference Working Group 6 Annual Meeting 2022

Date

Thu, 02/03/2022 - 08:45 - Fri, 02/04/2022 - 13:00

Location:

Online (Zoom)

The 2022 Annual Meeting of Working Group 6 on International Electronic Information Management, Discovery, and Disclosure (WG6) will be held online on Thursday-Friday, February 3-4, 2022.

The meeting’s main focus will be on new drafts in need of WG6 member review and comment, including the following topics:

International Litigation Principles, Second Edition
Proportionality in cross-border discovery

In addition, the meeting will feature the following sessions:

Cross-border discovery & disclosure case law update
New technologies: Challenges and opportunities for practitioners
Town hall
Data protection authority (DPA) roundtable
Cross-border data management: Addressing new regulations
International electronic information management, discovery, and disclosure in the Middle East

The Sedona Conference will seek CLE accreditation in accordance with rules and regulations set forth by individual jurisdictions for virtual meetings. Various state MCLE authorities require that we verify your live, active participation throughout the program.

Dr. Jens Ambrock

Hamburg, Germany

Denise E. Backhouse

New York, NY, USA

Lori Baker

Dubai, United Arab Emirates

William Wallace Belt Jr.

Naples, FL, USA

Ottawa, ON, Canada

Herndon, VA, USA

Atlanta, GA, USA

New York, NY, USA

New York, NY, USA

New York, NY, USA

Tiburon, CA, USA

Hon. James C. Francis (ret.)

New York, NY

Brussels, Belgium

New York, NY, USA

Edmonton, AB, Canada

Armonk, NY, USA

Stuttgart, Germany

Atlanta, GA, USA

Minneapolis, MN, USA

New York, NY, USA

Abu Dhabi, United Arab Emirates

Los Angeles, CA, USA

Sarasota, FL, USA

Ridgefield, CT, USA

Philadelphia, PA, USA

Hon. Elliott Myers

Vancouver, BC, Canada

Dr. Christian Schröder

Düsseldorf, Germany

New York, NY, USA

Chantilly, VA, USA

New York, NY, USA

Washington, D.C., USA

Dino Wilkinson

Abu Dhabi, United Arab Emirates

Miriam Wimmer

Brasilia, Brazil

Kenneth J. Withers

Phoenix, AZ, USA

Michael Charles Zogby

Florham Park, NJ, USA

Agenda

Time	Session	Panelists
	Thursday, February 3 (all times EST)
8:35 — 8:45	Log-in
8:45 — 9:00	Welcome & overview	Gerlach, Weinlein
9:00 — 10:15	International Litigation Principles, Second Edition	Backhouse*, Brady, Kessler
	A panel of WG6 drafting team members will lead a dialogue with all attendees on their latest draft of a second edition of the International Litigation Principles, which includes a seventh principle on data security.
10:15 — 10:30	Break
10:30 — 11:45	Proportionality in cross-border discovery	Calvert, Holland, Meyers, Thomas*, Zogby
	A panel of WG6 drafting team members will lead a dialogue with all attendees on their draft on the topic. A number of U.S. courts have used a Federal Rule of Civil Procedure 26(b)(1) proportionality analysis to determine whether information residing outside the U.S. that is subject to foreign data protection or other laws restricting disclosure is discoverable in U.S. litigation. The Sedona Conference International Litigation Principles provides guidance on balancing potential conflicts between U.S. litigation requirements and non-U.S. data protection laws, and specifically references Rule 26(b)(1) in this context. There is no stand-alone guidance on these issues from The Sedona Conference, however, and the drafting team has prepared a draft stand-alone Commentary on the applicability of the Rule 26(b)(1) proportionality analysis to cross-border discovery involving non-U.S. data protection laws and regulations.
11:45 — 1:00	Break
1:00 — 2:15	Cross-border discovery & disclosure case law update	Conlon, Francis, Schröder, Withers*
	The panel will lead a dialogue on recent judicial decisions and enforcement actions addressing data transfers to meet cross-border disclosure and discovery requirements.
2:15 — 3:30	New technologies: Challenges and opportunities for practitioners	Belt, Jones*, Mancari, Milner
	Technologies that promise significant business advantages often pose challenges for compliance with privacy regulations. This panel will explore three trends – the increased use of collaboration tools, reliance on social media, and transfer of data to the cloud – and discuss both technical and practical ways that an enterprise can take advantage of these opportunities while still respecting privacy rules.
3:30 — 3:45	Break
3:45 — 5:00	WG6 town hall	Fedeles, Francis, Gerlach*, Hoffman, Mancari, Matus, Myers, J., Schröder, Shonka, Sterling
	WG6 Steering Committee members will lead a dialogue amongst the attendees on progress made on the work product of the Working Group, and by the Working Group as a whole. WG6 member input will be sought regarding the future direction of WG6, including ideas for existing and new commentaries and projects, with a particular focus on the European Union Committee and a second edition of The Sedona Canada Commentary on Enforcing Letters Rogatory Issued By an American Court in Canada: Best Practices & Key Points to Consider.
5:00 — 5:10	Day 1 Closing Remarks

Time	Session	Panelists
	Friday, February 4 (all times EST)
8:50 — 9:00	Log-in
9:00 — 10:30	Data protection authority (DPA) roundtable	Ambrock, Bernier, Hayward, Matus*, Wimmer
	Global data protection authorities will lead a dialogue on their respective challenges, enforcement priorities and advisory roles under their data protection regimes. They will present their views on the most important legal issues and questions awaiting resolution under the data protection regulatory regimes they administer. Topics will include emerging data protection trends and regulations, cooperation and collaboration among and between different DPAs, intra-country differences, cross-border data transfers, artificial intelligence, and the potential convergence of global data protection laws.
10:30 — 10:45	Break
10:45 — 12:00	Cross-border data management: Addressing new regulations	D'Ambra, Ferraro, Hahn, Hoffman, Sherer*
	Effective cross-border data management helps to ensure that enterprise data is organized and useful by maintaining data’s accessibility, accuracy, and security consistent with evolving legal and regulatory requirements worldwide. This panel will discuss some key considerations specific to cross-border data management, including varying definitions of personal data, restrictions on data use and transfer, consent management, the complexities of interoperability in a non-harmonized data protection landscape, and the advantages and disadvantages of global, regional, or local approaches to data management program implementation.
12:00 — 1:00	International electronic information management, discovery, and disclosure in the Middle East	Baker, Kemnitz, Madar, Wilkinson*
	The WG6 Middle East Committee’s mission is to monitor developments in Middle Eastern countries in data privacy, protection, and cross-border transfer laws and regulations as they relate to information governance, eDiscovery and eDisclosure and to conduct outreach to legislators and relevant regulators in order to further dialogue and move the law forward in a reasoned and just way. The Committee is likewise focused on keeping the membership informed about emerging issues and developing useful resources for practitioners, jurists and companies with interests in the region. During this session, members of the Committee will provide updates on the latest developments in the Middle East and the various projects of the Committee.
1:00 — 1:15	Closing Remarks

*Panel Moderator

Date::

Thursday, February 3, 2022 - 08:45 to Friday, February 4, 2022 - 13:00

The Sedona Conference Working Group 6 Annual Meeting 2022

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