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The Sedona Conference® Cooperation Proclamation

In the past several weeks 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.



Judicial Endorsements

Judicial Endorsements as of September 30, 2008


Judicial Opinions

Adriana Aguilar, et al. v. Immigration and Customs Enforcement Div. of the U.S. Dept. of Homeland Sec., et al., 07 Civ. 8224, 2008 WL 5062700 (S.D.N.Y. Nov. 21, 2008).

Glenda Mancia, et al. v. Mayflower Textile Servs. Co., et al., 253 F.R.D. 354 (2008).


Press Coverage

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)


Top 5 Cases That Shaped Electronic Discovery in 2008
Published on 12/12/2008 on e-Discovery 2.0, thoughts about the evolution of e-discovery

The Judicial Mandate for Early Case Assessment and Cooperation
By Kenneth Rashbaum
Published on 12/9/2008 on fiosinc.com

Earlier It Was Angels—Now It’s a Special Place in Hell: Attorneys need to cooperate to eliminate extraneous and overly burdensome discovery requests.
By Clifford F. Shnier
Published in the 12/1/2008 Issue of Inside Counsel

The Sedona Cooperation Proclamation and the Case for Collaboration
By Dean Gonsowski
Published 11/17/2008 on e-Discovery 2.0, thoughts about the evolution of e-discovery

Judge Paul Grimm Weighs In on Parties’ Duties to Cooperate in Discovery
By Jeane A. Thomas, Andrew H. Marks, & Courtney Ingraffia Barton
Published 10/20/2008 on Crowell.com

A New Opinion by Judge Grimm Makes the Legal Case for Cooperative Discovery
By Ralph Losey
Published 10/19/2008 on e-Discovery Team

Litigants Cooperating? Sedona Conference says "Yes."
By R. David Donoghue
Published 10/8/2008 on Chicago IP Litigation Blog

The Sedona Cooperation Proclamation
Published 10/7/2008 on Discovery Resources

Proclaiming the Benefits of Cooperation
Published 10/7/2008 on ediscoveryinfo blog

Sedona Conference’s new mantra: Save e-Discovery, Save the World
By Gabe Acevedo
Published 10/6/2008 on Gabe's Guide to the e-Discovery Universe Blog

An E-Discovery 'Cooperation Proclamation'
By Robert J. Ambrogi
Published 10/6/2008 on Legal Blog Watch

Virtual Press Conference

October 7, 2008 Virtual Press Conference PowerPoint Slides

Highlights of the Press Conference:

Richard G. Braman: “There is no longer any room for gamesmanship in pretrial discovery if the system is to survive the data deluge and remain a viable source for conflict resolution for all, not just for the wealthy.”

Kenneth J. Withers:“For years, commentators have said that this madness has got to stop. But aside from offering platitudes, no one has come up with a practical plan - until now.”

Sherry B. Harris: “I can say with first-hand experience that discovery in the digital age has, by far, brought about the most dramatic, sweeping changes I have ever seen in the legal system.”

Thomas Y. Allman: “The courts on the firing line emphasize open and forthright sharing of information in order to minimize burden and expense by removing contentiousness as much as possible.”

Ariana J. Tadler: “Mutual transparency and sharing of information enables parties to get to the very heart of the dispute and helps to avoid both exorbitant costs and unfair gamesmanship.”

Hon. John M. Facciola: “A judge does not have to make a case for cooperation; one wonders who could possibly make a case against it.”


Biographies
Richard G. Braman

Richard is the founder and Executive Director of The Sedona Conference®. As a practicing attorney, he has represented both plaintiffs and defendants in antitrust, IP and other complex business litigation since 1978. Prior to founding The Sedona Conference®, Richard was Co-Chair of the Antitrust Practice Group of the Minneapolis law firm of Gray Plant Mooty, which he had joined in 1987. Before joining Gray Plant Mooty Richard owned and operated a nationally- renowned jazz club and practiced in a plaintiff's antitrust class action law firm in Minneapolis and with a large, defense-oriented firm in San Francisco, CA.


Richard Braman profile from The Federal Lawyer, September 2003.

Kenneth J. Withers

Ken is Director of Judicial Education and Content for The Sedona Conference®, an Arizona-based non-profit law and policy think-tank which has been on the forefront of issues involving complex litigation, intellectual property and antitrust law. Since 1989 he has published several widely-distributed papers on electronic discovery, hosted a popular web site on electronic discovery and electronic records management issues, and given presentations at more than 250 conferences and workshops for legal, records management, and industry audiences. His most recent publication is "Ephemeral Data and the Duty to Preserve Discoverable Electronically Stored Information," 37 U. Balt. L. R. 349 (2008). From 1999 through 2005, Ken was a Senior Education Attorney at the Federal Judicial Center in Washington DC, where he developed Internet-based distance learning programs for the federal judiciary concentrating on issues of technology and the administration of justice. He contributed to several well-known FJC publications, including the Manual for Complex Litigation, Fourth Edition (2004), Effective Use of Courtroom Technology (2001), and the Civil Litigation Management Manual (2001).

Sherry B. Harris

Sherry is a E-Discovery Advisor with the Litigation Support Group of Hunton & Williams LLP, supporting the firm's litigation practice worldwide. She has over 30 years of litigation experience, with an emphasis on management and coordination of document-intensive multi-jurisdictional complex litigation and U.S. regulatory investigations, and is particularly well versed at integrating automation in complex litigation. Although Sherry has a strong background in antitrust compliance, corporate records management, legal hold procedures, and information lifecycle management, the onslaught of electronic discovery has become a focal point of her responsibilities. She is a charter member of The Sedona Conference Working Group on Best Practices for Electronic Document Retention and Production (WG1) Steering Committee, a member of The Sedona Conference RFP+ User Group, and has a long history of participation at CLE events and involvement in pro bono activities.

Thomas Y. Allman

Tom is currently an attorney and consultant in Cincinnati, OH. He was Senior Counsel to Mayer Brown Rowe & Maw (Chicago), having served as Senior Vice President, General Counsel and Chief Compliance Officer of BASF Corporation from 1993 to 2004. While at BASF, he helped initiate the movement to amend the Federal Rules of Civil Procedure to achieve e-discovery reform and currently co-chairs the E-Discovery Committee of the Lawyers for Civil Justice. Tom is co-chair of the Steering Committee of The Sedona Conference® Working Group on Electronic Document Retention and Production (WG1) and chaired its Special Project Team on E-Mail Management. He speaks and writes often on corporate compliance and information management and is active in ARMA, AIIM, ACC and the ABA.

Ariana J. Tadler

Ariana specializes in securities fraud and consumer class action litigation. She currently serves as one of plaintiffs' liaison counsel in In re Initial Public Offering Securities Litigation, 21 MC 92 (S.D.N.Y.), a consolidated class action against 55 of the nation's most prominent investment banks and more than 300 corporate issuers. Ariana is a leading authority on electronic discovery, having chaired and spoken on this topic at numerous conferences both nationwide and abroad. She currently co-chairs the Steering Committee for Working Group 1 of The Sedona Conference®, the leading e-discovery "think tank," and she is a member of Georgetown University Law Center's Advanced E Discovery Institute Advisory Board. Ms. Tadler is actively involved in several charity and community organizations. In addition, she serves on her firm's executive committee.

The Hon. John M. Facciola

Magistrate Judge Facciola was appointed a U.S. Magistrate Judge in August 1997. Prior to being appointed to the bench, he served as an Assistant District Attorney in Manhattan from 1969-1973, and was in private practice in the District of Columbia from 1974-1982. Judge Facciola joined the U.S. Attorney's Office in 1982 and served as Chief of the Special Proceedings section from 1989 until his appointment as Magistrate Judge. He is an adjunct professor of law at Catholic University, a fellow of the American Bar Foundation and a member of the Board of Governors of the John Carroll Society. Judge Facciola has written several opinions on electronic discovery and lectured frequently on the topic.


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About The Sedona Conference

The Sedona Conference exists to allow leading jurists, lawyers, experts, academics and others, at the cutting edge of issues in the area of antitrust law, complex litigation, and intellectual property rights, to come together - in conferences and mini-think tanks (Working Groups) - and engage in true dialogue, not debate, all in an effort to move the law forward in a reasoned and just way.

Our hallmark is our unique use of the dialogue process to reach levels of understanding and insight not otherwise achievable. Our Working Group Series is designed to focus the dialogue on forward-looking principles, best practices and guidelines in specific areas of the law that may have a dearth of guidance or are otherwise at a "tipping point." The goal is that our Working Groups, the open Working Group Membership Program, and our peer review process, will produce output that is balanced, authoritative, and of immediate benefit to the Bench, Bar and general public.


Selected Publications

The Sedona Principles Addressing Electronic Document Production, Second Edition (June, 2007)

The Sedona Canada Principles Addressing Electronic Discovery (January 2008)

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 - Public Comment Version

The Sedona Conference® Glossary: E-Discovery & Digital Information Management (Second Edition)

The Sedona Guidelines: Best Practice Guidelines & Commentary for Managing Information & Records in the Electronic Age

All Publications Published by The Sedona Conference®