The Sedona Principles (Second Edition):
Accommodating the 2006 E-Discovery Amendments

By Thomas Y. Allman*

Abstract

The Sedona Principles (Second Edition 2007), with revisions to Principles 8, 12, 13 and 14 and substantially revised Commentary, are intended to accommodate the passage of the 2006 Federal E-Discovery Amendments by providing substantive guidance and practical best practice solutions for the resolution of current and future e-discovery issues.

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* ©Thomas Allman 2008. Tom Allman formerly served as Sr. V.P. and General Counsel of BASF Corporation (1993-2004) and is one of the Editors of the Second Edition of the Sedona Principles. He also is co-chair of the Lawyers for Civil Justice Committee on E-Discovery and speaks and writes extensively on the topic of e-discovery and rulemaking.

Table of Contents

I. Background

II. Preservation

III. Two-Tiered Discovery

IV. Collection, Review and Processing

V. Cost-Shifting

VI. Form of Production and Metadata

VII. Culpability

VIII. Conclusion

APPENDIX A: The Sedona Principles (Second Edition 2007)

APPENDIX B: Contrasting Approaches (Principles and Rules)

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