The Sedona Conference recently held its annual meeting for Working Group 1 (electronic document retention and production) to discuss key issues relating to electronic discovery practice. The event covered any number of topics, including issues relating to the negotiation of ESI protocols, best practices for non-waiver orders under Federal Rule of Evidence 502(d), privilege logging, and ephemeral messaging. The sessions generated robust discussion between the dialogue leaders and the attendees, including the various judges in attendance.
One of the most significant items of discussion included case law developments affecting counsel, clients, and the courts. Among the noteworthy cases mentioned was the order that U.S. Magistrate Judge Mitchell D. Dembin issued in NuVasive, Inc. v. Alphatec Holdings, Inc. out of the Southern District of California. The NuVasive decision spotlights the importance of following the guidance The Sedona Principles have delineated for addressing electronic discovery.
NuVasive, Inc. v. Alphatec Holdings, Inc.
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