Sedona Guidelines: Best Practices for the Management of Electronic Information

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April 27, 2005

Attorneys throughout the country have been closely monitoring the progress of the proposed amendments to the Federal Rules of Civil Procedure to address e-discovery since their publication last August. The number of public comments received by the enacting body, the U.S. Judicial Conference Committee on Rules of Practice and Procedure, on both its web site and in three and a half days of hearings, is a testament to the sea change in litigation these amendments signal. As one of the drafters observed, “the present discovery rules no longer fit with respect to what is happening in the area of electronic discovery.” The amendments represent the judiciary’s initial attempt to address real-world problems faced by litigators in dealing with rapidly proliferating electronic records.

The Sedona Conference®, in association with Pike & Fischer, is pleased to present the first program following the close of the rule-making comment period to access seriously the issues the proposed amendments raise. Ken Withers of the Federal Judicial Center in Washington, D.C., considered by many to be the nation’s foremost expert on electronic discovery, led Thomas Y. Allman of Mayer, Brown, Rowe & Maw and Ariana J. Tadler of Milberg Weiss Bershad & Schulman LLP, members of The Sedona Conference® Working Group on Electronic Document Retention and Production, in their analysis of what passage of the amendments will mean to your practice. An interactive Q&A followed.

What Was Covered:

The status of the Proposed Rules' procedural and political posture, in terms of likelihood of passage, etc.
The nature and volume of the comments received during the comment period, which continues through February 15, and what the comment process demonstrated.
How the courts could be expected to interpret the Proposed Rules if they pass.
How passage of the Proposed Rules will affect your practice and what you need to do to get ready for their implementation, which could occur as early as December of next year.

Who Attended:

Private practitioners
Litigators
In-house counsel
Academics
Paralegals
Computer forensic specialists

About the Speakers:

Kenneth J. Withers - Federal Judicial Center, Washington, D.C.

Mr. Withers is a Senior Judicial Education Attorney at the FJC, where he develops Internet-based distance learning programs for the federal judiciary, concentrating on issues of technology and the administration of justice. He has authored several widely distributed papers on electronic discovery and is a regular speaker at national conferences on litigation and information technology. Many of his articles, presentations, and related materials may be found on the FJC web site at www.fjc.gov. Prior to joining the FJC, Mr. Withers was Education Director at the Social Law Library in Boston, MA. He is author of The Internet Guide for Massachusetts Lawyers (1999 edition) and contributor to Ethical Lawyering in Massachussetts, and is on the Advisory Board for The Sedona Conference® Working Group on Electronic Document Retention and Production.

Thomas Y. Allman - Mayer, Brown, Rowe & Maw

As the former Chief Legal Officer of BASF in the United States, he has responsibilities for corporate, legal and intellectual property issues, as well as for the Government Relations office in Washington, D.C. Prior to joining BASF in 1993, Mr. Allman was a partner in the Cincinnati, OH firm of Taft, Stettinius & Hollister. His principal areas of concentration were commercial and tort litigation, corporate governance and shareholder relations. Allman is active in Lawyers for Civil Justice, the Civil Justice Reform Group, the Product Liability Advisory Committee and the Conference Board Council of Chief Legal Officers. Thomas Y. Allman is on the Steering Committee of The Sedona Conference® Working Group on Electronic Document Retention and Production.

Ariana J. Tadler - Milberg Weiss Bershad & Schulman LLP

Ms. Tadler has extensive experience litigating complex securities class actions, including certain high profile, fast-paced cases. In less than four years, she litigated three cases in the Eastern District of Virginia (aka the "Rocket Docket"), including In re MicroStrategy Securities Litigation. Ms. Tadler is also one of the principal liaison counsel on behalf of plaintiffs in the Initial Public Offering Securities Litigation, which is pending before JudgeShira A. Scheindlin in the United States District Court for the Southern District of New York.She is the co-author of "Damages in Federal Securities Litigation," Securities Litigation 1991: Strategies and Current Developments, Practicing Law Institute, 1991. Adriana J. Tadler is a member of The Sedona Conference® Working Group on Electronic Document Retention and Production.

CLE Accreditation: Pike & Fischer will apply for CLE accreditation in all states for which we receive a request. You will be provided with an opportunity to apply for same as part of the post-event evaluation process. Your request should include name, state, bar association number, and email address of each listener. CLE credits are applicable to live event registrations only. Clientspurchasing audio recordings of our audio conference events are not eligible for CLE credit. The accreditation process typically takes 2-3 months. Questions? Contact Pike & Fischer Customer Care.

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