Articles from the Third Annual Sedona Conference The third annual Sedona Conference on Complex Litigation was held on April 19 and 20, 2001 in Santa Fe. One major area of discussion was electronic discovery. Two original papers were presented, and we link to them here, with the kind permission of the authors and the conference organizers. These articles represent two views that are controversial but significant contributions to the developing debate over the position of electronic discovery within of the framework of the Federal Rules of Civil Procedure. Papers representing opposing views prepared for academic law reviews, professional publications, or accredited Continuing Legal Education will be considered for publication or linking on this site, and may be suggested on the "Comments" page. In the first paper, "Fishing in the Ocean: A Critical Examination of Discovery in the Electronic Age," Jonathan M. Redgrave and Ted S. Hiser explore the explosive growth of the "paperless" business environment, review the history of judicial concern about "fishing expeditions," apply these historic concerns to electronic discovery, and argue for a flexible approach the question of scope. In the accompanying paper, "Electronic Discovery Issues for 2002: Requiring the Losing Party to Pay for the Costs of Digital Discovery," Barbara A. Caulfield and Zuzana Svihra argue that an English-style cost shifting rule, under which the prevailing party in litigation recovers discovery costs, may curb the perceived abuses and "economic waste" associated with electronic discovery.