Moderator:

Ronald J. Hedges / Ronald J. Hedges LLC
Ron Hedges is the principal of Ronald J. Hedges LLC. Ron serves as a special master, mediator and arbitrator. He sat as a United States Magistrate Judge in the District of New Jersey from 1986 to 2007. Among other things, Ron is a member of the adjunct faculty of Georgetown University Law Center, where he teaches an introduction to electronic discovery and evidence, and of the advisory boards of Georgetown’s Advanced E-Discovery Institute and The Sedona Conference. He is also a Visiting Research Collaborator at the Center for Information Technology at Princeton University for the academic year 2010-11.

Speakers:

Hon. John M. Facciola / U.S. District Court for the District of Columbia
Hon. John M. Facciola was appointed a United States Magistrate Judge in the District of Columbia in 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. Judge Facciola is a frequent lecturer and speaker on the topic of electronic discovery. Judge Facciola is a member of the Sedona Conference Advisory Board, the Georgetown Advanced E-Discovery Institute Advisory Board and he is also the former Editor in Chief of The Federal Courts Law Review, the electronic law journal of the Federal Magistrate Judges Association. He is a member of the Board of Directors of the Federal Judicial Center. He wrote the chapter entitled A History or Electronic Discovery in Managing E-Discovery and ESI From Pre-Litigation Through Trial (Michael D. Berman, Courtney Ingraffia Barton & Paul W. Grimm, eds., 2011). He received his A.B from the College of the Holy Cross and his J.D. from the Georgetown University Law Center.

Hon. James C. Francis IV / U.S. District Court for the Southern District of New York
Hon. James C. Francis IV has been a United States Magistrate Judge in the Southern District of New York since October 1985 and served as Chief Magistrate Judge from 1998 to 2000. He graduated summa cum laude from Yale College in 1974, where he was a member of Phi Beta Kappa. He received his juris doctor degree from the Yale Law School in 1978 and a master’s degree in public policy from the John F. Kennedy School of Government at Harvard University in the same year. Following graduation from law school, Judge Francis clerked for the Honorable Robert L. Carter in the Southern District of New York. He then joined the Civil Appeals and Law Reform Unit of the Legal Aid Society where he conducted impact litigation in the areas of housing and education and served as director of the Disability Rights Unit. He continued in this capacity until his appointment to the bench. Judge Francis is an Adjunct Professor at the Fordham University School of Law where he teaches Constitutional Torts. He also provides instruction in the Intensive Trial Advocacy Program at the Benjamin N. Cardozo Law School and in the ALI-ABA program on Civil Practice and Litigation. He lectures frequently on topics including employment discrimination and electronic discovery. In addition to numerous judicial opinions, Judge Francis' publications include a law review article on voting rights, a chapter on pretrial management in Federal Civil Practice (G. Vairo, ed.), and several chapters of the most recent edition of Moore's Federal Practice. Judge Francis has served on the Legal Assistance, Federal Courts, Disability Rights, and Professional Responsibility Committees of the New York City Bar Association and the Federal Judiciary Committee of the New York State Bar Association.

Hon. Paul W. Grimm / U.S. District Court, District of Maryland
Hon. Paul W. Grimm serves as a full-time Magistrate Judge for the United States District Court for the District of Maryland. He was appointed in February 1997. He was appointed as Chief Magistrate Judge in May 2006. In September, 2009 he was appointed by the Chief Justice of the United States to serve as a member of the Advisory Committee for the Federal Rules of Civil Procedure. Additionally, Judge Grimm is an adjunct professor of law at the University Of Maryland School Of Law, where he teaches evidence, and also has taught trial evidence, pretrial civil procedure, and scientific evidence. He also is an adjunct professor of law at the University of Baltimore School of Law, where he teaches a course regarding the discovery of and pretrial practices associated with electronically stored evidence. Judge Grimm is a frequent lecturer at CLE programs on issues regarding evidence and civil procedure, and has lectured throughout the United States regarding discovery of electronically stored information and its admissibility in civil and criminal proceedings. He has authored several opinions that have received national attention relating to electronically stored information, including: Thompson v. HUD, 219 F.R.D. 93 (D.Md. 2003) (discussing the factors that govern the scope of discovery of electronically stored evidence, and the duty to preserve such evidence, as well as spoliation sanctions for failure to do so); Hopson v. Mayor and City Council of Baltimore, 232 F.R.D. 228 (D. Md. 2005) (addressing issues of inadvertent waiver of privilege by production of electronically stored evidence with respect to the recent amendments to the Federal Rules of Civil Procedure); Lorraine v. Markel American Insurance Company, 241 F.R.D. 534 (D. Md. 2007) (comprehensively discussing the evidentiary issues associated with admissibility of electronic evidence); CNA v. Under Armour, Inc., 537 F. Supp. 2d 761 (D. Md. 2008) (discussing the circumstances in which inadvertent disclosure of electronically stored information waives privilege and work product protection); Victor Stanley Corp. v. Creative Pipe, Inc., 250 F.R.D. 251 (D. Md. 2008) (also discussing waiver of privilege regarding inadvertent production of electronically stored information, as well as proper methods of conducting search and information retrieval searches for ESI to fulfill preservation, production and privilege review functions); and Mancia v. Mayflower, 253 F.R.D. 354 (D. Md. 2008) (discussing the duty of counsel and parties to cooperate during the pretrial discovery process to reduce the cost and burden of discovery). He has authored numerous books, book chapters, and articles on these topics. He also is a frequent lecturer at the Maryland Judicial Institute, the continuing education arm of the Maryland State Judiciary, as well as at programs for the ABA, ALIABA, and the United States Department of Justice’s National Advocacy Center, where he teaches courses on evidence, civil procedure, and trial advocacy. In 2002 and 2006 Judge Grimm was awarded the Outstanding Adjunct Professor of the Year Award by the University Of Maryland School Of Law. In 2001, he was awarded the Maryland Bar Foundation’s Professional Excellence Award for the Advancement of Professional Competence. In 1998, he received the Maryland Institute for Continuing Professional Education of Lawyer’s Distinguished Service Award, and in 2004 he received the Daily Record Leadership in Law Award. Before becoming a Magistrate Judge, Judge Grimm was in private practice in Baltimore for thirteen years, during which time he handled commercial litigation. He also served as an Assistant Attorney General for the State of Maryland, an Assistant State’s Attorney for Baltimore County, Maryland, and a Captain in the United States Army Judge Advocate General’s Corps. In 2001, Judge Grimm retired as a Lieutenant Colonel from the United States Army Reserve. Judge Grimm is a graduate of the University of California (summa cum laude), and the University of New Mexico School of Law (magna cum laude, Order of the Coif)

Hon. Andrew J. Peck / United States District Court
Hon. Andrew J. Peck was appointed United States Magistrate Judge for the Southern District of New York on February 27, 1995. He graduated with honors from Cornell University in 1974 and from Duke University School of Law in 1977. Judge Peck served as law clerk to Judge Paul Roney of the Eleventh (then the Fifth) Circuit, 1977-1978. Judge Peck was an associate an then Counsel at Paul, Weiss, Rifkind, Wharton & Garrison, 1978-1995. Judge Peck is an adjunct professor at Cardozo Law School, teaching Pretrial Practice. Judge Peck is a frequent lecturer on electronic discovery issues and is a member of the Sedona Conference.

Hon. Lee Rosenthal / United States District Court
Hon. Lee Rosenthal was appointed United States District Court Judge, Southern District of Texas, in 1992. Before then, she was a partner at Baker Botts L.L.P. where she litigated civil cases. Judge Rosenthal served as law clerk to Chief Judge John R. Brown, United States Court of Appeals for the Fifth Circuit. She was appointed as a member of the Judicial Conference Advisory Committee on Civil Rules in 1996. Judge Rosenthal was chair of the Class Actions subcommittee during the development of the 2003 amendments to Rule 23. She has also served as chair of both the Advisory Committee on Civil Rules and the Standing Committee on Rules of Practice and Procedure. Judge Rosenthal serves as an advisor for the Employment Law project and the Aggregate Litigation project of the American Law Institute (ALI), and she was an advisor for the Transnational Rules of Civil Procedure project. She was elected to the ALI Council and became chair of the Program Committee. Judge Rosenthal serves on the Board of Trustees of Rice University and on the Duke University School of Law Board of Visitors. She is Vice Chair of the Board of Trustees of the Center for American and International Law and President of the District Judges' Association of the Fifth Circuit.

Hon. Shira A. Scheindlin / United States District Court
Hon. Shira A. Scheindlin is a United States District Judge for the Southern District of New York. She was nominated by President Bill Clinton on July 28, 1994. Before taking her current seat on the Southern District bench in November, 1994, Judge Scheindlin worked as a prosecutor (Assistant United States Attorney for the Eastern District of New York), commercial lawyer (General Counsel for the New York City Department of Investigation and partner at Herzfeld & Rubin), and Judge (Magistrate Judge in the Eastern District of New York 1982-1986 and Special Master in the Agent Orange mass tort litigation). Judge Scheindlin is known for her intellectual acumen, demanding courtroom demeanor, aggressive interpretations of the law, and expertise in mass torts, electronic discovery, and complex litigation. During her tenure, Judge Scheindlin has presided over a number of high profile cases, many of which advanced important new positions in the common law. She also has been a member of the Judicial Conference of the United States Advisory Committee on the Federal Rules of Civil Procedure (1998-2005, where she served as a member of the Discovery Subcommittee and Chair of the Special Master Subcommittee). She is a member of the American Law Institute (where she served on the Advisors Consultative Group on the Aggregate Litigation Project), a former Chair of the Commercial and Federal Litigation Section of the New York State Bar Association (“NYSBA”), a former Board Member of the New York County Lawyers Assocation (“NYCLA”), a member of the Advisory Board of the Sedona Conference, and a member or past member of several committees of the Association of the Bar of the City of New York. She is the recipient of the Brennan Award from the NYSBA, the Weinfeld Award and the William Nelson Cromwell Awards of the NYCLA, and the Judicial Recognition Award of the National Association of Criminal Defense Lawyers. She is the co-author of the first casebook on electronic discovery and digital evidence (Shira A. Scheindlin, Daniel J. Capra, & The Sedona Conference, Electronic Discovery and Digital Evidence, Cases and Materials 454 (2008)), a book on electronic discovery “Electronic Discovery and Digital Evidence in a Nutshell,” many articles, including most recently an article on the intersection of recent amendments to Rule 53 and Rules 26-37 of the Federal Rules of Civil Procedure, a pamphlet supplement to Moore’s Federal Practice on the Newly Amended Federal Rules of Civil Procedure and a chapter on this subject in the ABA’s multivolume treatise on Federal Civil Practice. Finally, she is an adjunct Professor of Law at Brooklyn Law School, and a frequent lecturer. On the subject of electronic records management, the opinions in Zubulake v.UBS Warburg LLC have come to be recognized as case law landmarks.

Hon. David J. Waxse / United States District Court
Hon. David J. Waxse is a United States Magistrate Judge for the United States District Court in Kansas City, Kansas having been appointed in 1999 and reappointed in 2007. Judge Waxse received his B.A. degree from the University of Kansas and his J.D. degree from Columbia University. Prior to his appointment as a Magistrate Judge he was a partner at Shook, Hardy & Bacon of Kansas City, Missouri, where his practice was concentrated in employment law and litigation. In addition, he mediated cases for the United States District Court for the District of Kansas. Judge Waxse was a past chair and a member of the Kansas Commission on Judicial Qualifications [the state judicial disciplinary organization] from 1992-1999. During their existence, he was a member of the Civil Justice Reform Act Advisory Committee and the Mediation Panel for the United States District Court for the District of Kansas. He was a member of the Kansas Justice Commission established by the Kansas Supreme Court to implement the Citizens' Justice Initiative review of the state justice system. He is a Past-President of the Kansas Bar Association and as a KBA delegate to the ABA House of Delegates was a member of the Board of Governors of the KBA from 1988 -2008. He is a member of the Earl E. O'Connor Inn of Court and is a Past-President of the Inn. He is also a member of the American Bar Association (Judicial Division), Johnson County Bar Association, Kansas City Metropolitan Bar Association, Wyandotte County Bar Association and Federal Magistrate Judge's Association. Judge Waxse is Chair of the National Conference of Federal Trial Judges of the Judicial Division of the ABA and a member of the ethics committee of the Judicial Division. He is also a fellow of the Kansas Bar Foundation and the American Bar Foundation. He is also an Observer to The Sedona Conference Working Groups on Electronic Document Retention and Production (WG1) and International Electronic Information Management, Discovery and Disclosure (WG6). He has been a lecturer in law at the University of Kansas School of Law and has made presentations on electronic discovery and other topics in programs presented by the American Bar Association, the American Association for Justice, the Defense Research Institute, the University of Kansas, the University of Missouri at Kansas City, Washburn Law School, Georgetown Law School, and various other organizations.

In addition, prior to becoming a judge he was a member of the national boards of the American Civil Liberties Union, the Lawyer's Committee for Civil Rights Under Law and the American Judicature Society. He is still a member of the Judicial Conduct Advisory Committee of AJS.