1. Copyright © 2005, The Sedona Conference ® www.thesedonaconference.org

2. Copyright © 2005, The Sedona Conference ® www.thesedonaconference.org The Sedona Conference ® : What is it?  Founded in 1997 by Richard G. Braman, Esq.  Profile on the website  Nonprofit 501(c)(3) research and educational institute  Dedicated to the advanced study of law and policy and moving the law forward in a reasoned and just way in three areas:  Antitrust  Intellectual property rights  Complex litigation

3. Copyright © 2005, The Sedona Conference ® www.thesedonaconference.org The Sedona Conference ® : What is it?  Started with conferences to “transcend” traditional CLE  Combine experience & limited attendance with dialogue  The Sedona Rules: Leave the adversarial system & client interests at the door  Return home with new ideas & viewpoints: 2-day Mini-Sabbaticals to refresh & reinvigorate your analysis of the law

4. Copyright © 2005, The Sedona Conference ® www.thesedonaconference.org The Sedona Conference ® : What is it?  Developed “Working Group Series” (“WGS SM ”) in 2002  Transitory & focused think-tanks to develop principles, guidelines & best practices in targeted areas “ripe” for development  Regular Season Conferences serve to both launch Working Groups & comment on output

5. Copyright © 2005, The Sedona Conference ® www.thesedonaconference.org The Sedona Conference ® Dialogue Model  Achieving consensus from a wide variety of viewpoints  Different than the “debate” model of the adversarial system

6. Copyright © 2005, The Sedona Conference ® www.thesedonaconference.org The Sedona Conference ® : Dialogue, NOT Debate “Debate:Assuming that there is a right answer & that you have it. Dialogue:Assuming that many people have pieces of the answer & that together they can craft a solution — Debate:Listening to find flaws & make counter arguments. Dialogue:Listening to understand, find meaning & agreement — Debate:Defending one’s own views against those of others. Dialogue:Admitting that other’s thinking can improve on your own. — Debate:Seeking a conclusion or vote that ratifies your position. Dialogue:Discovering new options, not seeking closure.” * Excerpted from Daniel Yankelovich, The Magic of Dialogue (2001)

7. Copyright © 2005, The Sedona Conference ® www.thesedonaconference.org The Sedona Conference ® WGS SM Focused Think-Tanks  WG1 (Electronic Document Retention & Production) organized in mid-2002  Goal is to advance the reasoned & just development of the law  Built on breadth & depth of experience of invitees (participants) & observers  Designed around the dialogue model of achieving consensus  Evolving, NOT static; address “tipping points”  Life span based on need, goals & objectives as determined by the Working Group

8. Copyright © 2005, The Sedona Conference ® www.thesedonaconference.org The Sedona Conference ® WGS SM Focused Think-Tanks  Currently Seven Working Groups are up & running:  WG1: Electronic Document Retention & Production  WG2: Protective Orders, Confidentiality & Public Access  WG3: The Role of Economics in Antitrust  WG4: The Intersection of the Antitrust & Patent Laws —  WG5: The Markman Process & Claim Construction  WG6: International Electronic Information Mgt, Discovery & Disclosure  WG7: Sedona Canada

9. Copyright © 2005, The Sedona Conference ® www.thesedonaconference.org Example Working Group Process & Impact WG1: Electronic Document Retention & Production

10. Copyright © 2005, The Sedona Conference ® www.thesedonaconference.org WG1: Why Did It Get Started?  FRUSTRATION:  With CLEs  With a confusing array of vendors & solutions  With lawyers  With lack of precedent, consistent guidance  OPPORTUNITY:  To set forth concise principles  To explain propositions & support  To make a positive contribution to the reasoned & just development of the law

11. Copyright © 2005, The Sedona Conference ® www.thesedonaconference.org A Step Towards Consensus Through Dialogue  Public comment version of The Sedona Principles published in 2003; revised in 2004  14 principles reflecting the law as it is OR ought to be:  Provide practical solutions of immediate benefit to the Bench and Bar  Concern for reasonableness  Concern for balance  Concern for longevity through scalability & flexibility  Allow for development & refinement over time

12. Copyright © 2005, The Sedona Conference ® www.thesedonaconference.org The Sedona Principles: Impact  Cited by courts (e.g., Zubulake)  Cited in the national & local rules process  Proposed amendments to the Federal Rules of Civil Procedure  9th Circuit Draft Model Rule  Cited in numerous articles addressing e-discovery  Cited in briefs & submissions to courts  Used as resource in numerous judicial & legal education programs

13. Copyright © 2005, The Sedona Conference ® www.thesedonaconference.org The Sedona Principles: Impact cont.  Used as a resource in college courses  Used as a resource for businesses, large & small  Used as a resource by vendors  Used as a resource for U.S. and other governmental agencies  Available for free download for individual use from The Sedona Conference ® website  Available on Westlaw and Lexis

14. Copyright © 2005, The Sedona Conference ® www.thesedonaconference.org The Sedona Conference ® : Going Beyond Debate to Dialogue  Work Products Include:  Important background  Legal and policy context  Roadmap of issues  Work Products Provide:  Presumptive guidance on issues addressed  Flexible, scalable & immediately useful resource for Bench and Bar  Work Products are NOT:  Absolute statements of law  Unchangable

15. Copyright © 2005, The Sedona Conference ® www.thesedonaconference.org The Sedona Conference ® Incorporating It’s Perspective into Your Personal & Professional Life  Give of your time to efforts to improve the practice & administration of the law to benefit society as a whole  Practice law at a “higher level” — challenge yourself to make whatever area you are in, better  Work with others to build consensus & achieve positive change  Take time to retreat & evaluate what you do (and why) on a regular basis  Keep perspective & balance in all areas of your life

16. Copyright © 2005, The Sedona Conference ® www.thesedonaconference.org For further information on The Sedona Conference ® Visit website: www.thesedonaconference.org