This article discusses a recent report the reader might have missed. The insights in this report can help catalyze a lawyer’s strategic thinking to develop tactical steps useful in certain types of complex litigation. The report is The Sedona Conference’s “Commentary on Protection of Privileged ESI” issued in November 2014.1 This is the “Public Comment Version” published by the Sedona Conference Working Group on Electronic Document Retention and Production. Space limitations here permit elaborating only brief highlights.
The Sedona Conference is a nonprofit, nonpartisan research and educational institute that allows leading jurists, lawyers, experts and academics to come together in conferences and mini-think-tanks (called Working Groups) and dialogue about moving the law forward in a reasoned and just way. The Sedona Conference publications, particularly its “Best Practices” regarding Electronic Document Production, are quite influential and frequently cited.2
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