The Sedona Conference Working Group 6 Annual Meeting 2022

Date: 
Thursday, February 3, 2022 - 8:45am to Friday, February 4, 2022 - 1:00pm

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.

Confirmed Dialogue Leaders

The Hamburg Commissioner for Data Protection & Freedom of Information

Hamburg, Germany

Littler Mendelson, P.C.

New York, NY, USA

Dubai International Financial Centre Authority

Dubai, United Arab Emirates

Complete Discovery Source

Naples, FL, USA

Information Governance ANZ

Sydney, Australia

Dentons Canada, LLP

Ottawa, ON, Canada

Volkswagen Group of America

Herndon, VA, USA

Troutman Pepper Hamilton Sanders LLP

Atlanta, GA, USA

Mayer Brown LLP

New York, NY, USA

Norton Rose Fulbright US LLP

New York, NY, USA

Colgate-Palmolive

New York, NY, USA

Meta Platforms, Inc.

Tiburon, CA, USA

JAMS

New York, NY

Cleary Gottlieb Steen & Hamilton LLP

Brussels, Belgium

IAB

New York, NY, USA

Office of the Information and Privacy Commissioner

Edmonton, AB, Canada

Swiss Re

Armonk, NY, USA

Ernst & Young LLP

Stuttgart, Germany

King & Spalding

Atlanta, GA, USA

Littler Mendelson P.C.

Minneapolis, MN, USA

Norton Rose Fulbright US LLP

New York, NY, USA

ADGM

Abu Dhabi, United Arab Emirates

DLA Piper

Los Angeles, CA, USA

SafeGuard√Privacy

Purchase, NY, USA

Boehringer Ingelheim

Ridgefield, CT, USA

Morgan, Lewis & Bockius LLP

Philadelphia, PA, USA

The Supreme Court of British Columbia

Vancouver, BC, Canada

UK Government Department for Digital, Culture, Media & Sport

London, United Kingdom

Orrick Herrington & Sutcliffe LLP

Düsseldorf, Germany

BakerHostetler

New York, NY, USA

Redgrave LLP

Chantilly, VA, USA

BakerHostetler

New York, NY, USA

Bleichmar Fonti & Auld LLP

Oakland, CA, USA

Clyde & Co

Abu Dhabi, United Arab Emirates

Brazilian Data Protection Authority (ANPD)

Brasilia, Brazil

The Sedona Conference

Phoenix, AZ, USA

Faegre Drinker Biddle & Reath LLP

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*, Bennett, Brady, Kessler, Weaver
  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, MeyersThomas*, 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 FedelesGerlach*, HoffmanMyers, 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 AmbrockBernier, HaywardMatus*, PatelWimmer
 

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, FerraroHahnHoffman, 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, KemnitzMadar, 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 - 8:45am to Friday, February 4, 2022 - 1:00pm