The Sedona Conference Institute (TSCI), a non-profit and research and educational institute, is committed to “the advanced study of law and policy in the areas of antitrust law, complex litigation, and intellectual property rights.” In their mission to encourage open and in-depth dialogue TSCI hosts annual events, with limited attendance availability, within each area of study. The limited seating and depth of discussion make TSCI events a must for seasoned and novice legal personal alike.

Guided by an in-depth focus on the December 2015 amendments to the FRCP, the upcoming 10th Annual Sedona Conference Institute Program on eDiscovery– “Staying Ahead of the eDiscovery Curve: Retooling Your Practice Under the New Federal Rules,” promises to offer much needed insight into the amendments as well as burgeoning legal technologies. Scheduled for March 17th-18th in San Diego, CA, the two-day conference will present heavy focus on emerging state and federal case law resulting from the amendments in addition to how to comply with the amendments, preservation of electronically stored information (ESI), and utilizing technology to achieve proportionality.

The event will open with a history and overview of the FRCP amendments, setting the stage for upcoming panels. Yet, it is the “New Jumpstart Outline” session that has many attendees coming back year after year. The panel, first presented in 2008, has quickly become one of the most sought after sessions at the conference, offering strategies and lessons learned for how to maneuver the ever-evolving world of eDiscovery and legal technology.

Other must see panels include those focused specifically on the FRCP and legal technology. The panel titled “Using Technology to Achieve Proportionality” will cover the critical nature of complying with the new Rule 26 and will also consider “opportunities for reducing burden or expense of discovery as reliable means of searching [ESI] become available.” There will also be a panel discussion dedicated to the complete overhaul of Rule 37(e) in “The New Rule 37(e): A Roadmap.” The amended Rule 37(e) poses many questions that the panel hopes to answer, such as: What does it mean to store or replace and at what cost? Who bears the burden of proof on prejudice and intent to deprive? What are the range of remedies available upon a showing of prejudice?

Lastly, the conference will kick-off day two with much anticipated discussion of the recent case law that has resulted from the FRCP amendments. To inform this discussion, TSC program co-chair Karin Jenson has been tracking case law as court opinion is released in relation to FRCP updates. During the panel “The Annual TSCI eDiscovery Case Law Update,” Ken Withers, eDiscovery case law expert, will select and examine 12 significant court opinions on the matter for practical relevance.

Want to learn more about the Sedona Conference? Check back next week as we continue our event coverage. In the meantime, click here to subscribe to the Chronicle so that you never miss a post.

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