Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions.
OMB No. 1545-0047
2011
Open to Public Inspection
Name of the organization
SEDONA CONFERENCE
Employer identification number
41-1893658
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) a person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the the supported organization?
................
11g(i)
(ii)
a family member of a person described in (i) above?
......................
11g(ii)
(iii)
a 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of support?
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2011
Schedule A (Form 990 or 990-EZ) 2011
Page 2
Part II
Support Schedule for Organizations Described in IRC 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
4
Total. Add lines 1 through 3..
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
6
Public Support. Subtract line 5 from line 4.
0
Section B. Total Support
Calendar year(or fiscal year beginning in)
(a) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(f) Total
7
Amounts from line 4..
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
10
Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets..
11
Total support (Add lines 7 through 10).
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
13
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here..........................................
Section C. Computation of Public Support Percentage
14
Public Support Percentage for 2010 (line 6 column (f) divided by line 11 column (f))
.........
14
0 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
16a
33 1/3% support test—2011.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
......................
b
33 1/3% support test—2010.
If the organization did not check the box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2011.
If the organization did not check a box on line 13, 16a, or 16b and line 14
is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported
organization
..................................................
b
10%-facts-and-circumstances test—2010.
If the organization did not check a box on line 13, 16a, 16b, or 17a and line
15 is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported organization
..............................................
18
Private Foundation
If the organization did not check a box on line 13, 16a, 16b, 17a or 17b, check this box and see
instructions
...................................................
Schedule A (Form 990 or 990-EZ) 2011
Schedule A (Form 990 or 990-EZ) 2011
Page 3
Part III
Support Schedule for Organizations Described in IRC 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
434,284
677,169
412,892
595,310
539,500
2,659,155
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
953,993
1,287,876
1,132,550
1,270,664
1,161,784
5,806,867
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
6
Total. Add lines 1 through 5.
1,388,277
1,965,045
1,545,442
1,865,974
1,701,284
8,466,022
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
71,577
137,666
16,809
222,031
174,791
622,874
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
4,484
4,484
c
Add lines 7a and 7b..
71,577
137,666
21,293
222,031
174,791
627,358
8
Public Support (Subtract line 7c from line 6.)
7,838,664
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(f) Total
9
Amounts from line 6...
1,388,277
1,965,045
1,545,442
1,865,974
1,701,284
8,466,022
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
25,825
21,967
6,224
8,233
10,475
72,724
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
0
c
Add lines 10a and 10b.
25,825
21,967
6,224
8,233
10,475
72,724
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
0
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
0
13
Total support (Add lines 9, 10c, 11 and 12.).
1,414,102
1,987,012
1,551,666
1,874,207
1,711,759
8,538,746
14
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public Support Percentage for 2011 (line 8 column (f) divided by line 13 column (f))
.........
15
91.800 %
16
Public support percentage from 2010 Schedule A, Part III, line 15
...............
16
90.690 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2011 (line 10c column (f) divided by line 13 column (f))
......
17
0.850 %
18
Investment income percentage from 2010 Schedule A, Part III, line 17
.............
18
0.790 %
19a
33 1/3% support tests—2011.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3% and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
..........
b
33 1/3% support tests—2010.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
....
20
Private Foundation
If the organization did not check a box on line 14, 19a or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2011
Schedule A (Form 990 or 990-EZ) 2011
Page 4
Part IV
Supplemental Information.
Supplemental Information. Complete this part to provide the explanation required by Part II, line 10; Part II, line 17a or 17b; or Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Explanation
Schedule A (Form 990 or 990-EZ) 2011
Additional Data
Software ID:
11000218
Software Version:
2011.0.0
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
OMB No. 1545-0047
2011
Open to Public Inspection
Name of the organization
SEDONA CONFERENCE
Employer identification number
41-1893658
Identifier
Return Reference
Explanation
Form 990 Part I
6
Previously on Line 6 we reported the number of volunteers who worked in our business office. Starting this year we are including in this line the volunteers who served on our conference and meeting faculties, our Working Group Steering Committees, and our Working Group Drafting Teams creating our commentaries on best practices, guidelines, principles, and primers, since these individuals in fact volunteer a material amount of time on a pro bono basis to help us achieve our mission with respect to educational programs and content creation.
Form 990 Part III
4a
We published 3 new or updated commentaries in our areas of expertise. We produced 6 conferences reaching approximately 500 attorneys, judges and others interested in the legal system. We held 4 Working Group meetings reaching approximately 375 attorneys judges and others which meetings provide a forum for the bench and bar to explore and identify issues related to our areas of expertise and creating educational content in those areas. We started up a new Working Group on Best Practices and Recommendations for Patent Litigation Case Management to run in parallel with a ten-year Patent Pilot Project mandated by Congress. We held 2 webinars reaching over 140 people providing educational content in our areas of expertise. We worked with approximately 1000 attorneys, judges and others who participate in our working groups to create forward looking guidelines, best practices and principles in our areas of expertise. We had approximately 125,000 downloads of our educational content from our website, provided for free for personal use to interested attorneys, judges and others. We fulfilled more than 85 requests from more than 45 courts, federal and state agencies, bar associations, law schools and others to reprint our educational materials. We published our annual Sedona Conference Journal, and distributed it to over 200 public courthouses and law libraries on a complimentary basis in addition to our private subscribers. The Journal is also available online through Westlaw, Lexis, and H.W. Wilson. Our director of judicial education and content spoke at 7 federal and state judicial education conferences reaching over 440 judges with our educational content.
Form 990 Part III
4a
We updated the first law school casebook on ediscovery, of which we are a co author, including a consolidation of prior supplements into a completely revised and updated second edition of the casebook. We responded to a request from members of the Civil Rules Advisory Committee Discovery Subcommittee to our Working Group on Electronic Discovery to submit comments on proposed rules amendments in the area of ediscovery. Commentaries authored by us were cited in 36 reported federal, state and administrative opinions, and were cited in over 200 texts and treatises, 95 scholarly articles, and in the Federal Trade Commissions Proposed Rules of Practice.
Form 990 Part VI
11a
Process to Review and Approve Form 990. Our outside tax accountant prepares the Form 990 based on the independent audit workpapers and, once reviewed by the board chair, it is transmitted by email to the Board for their review and approval in writing, which approvals are attached to a written action of the Board.
Form 990 Part VI
12c
Conflict of Interest Policy. The Board annually reviews the purpose and intent of the Policy to ensure that any Board members or officers with interests or connections to any organizations providing services to or otherwise connected with the organization do not unduly influence the Board of Directors, and recuse themselves from consideration of any matter with respect to which they may, do, or may appear to have a conflict of interest
Form 990 Part VI
15b
Compensation Policy. The Board completes a formal process of retaining an outside compensation consultant to collect data on comparable compensation for similar organizations with similar skills, job duties and requirements. Based on this data, the Board approves compensation for management level employees and the Board Chair that it concludes is reasonable and documents the compensation decisions in Board minutes and/or written actions of the Board. Interested employees and the Board Chair do not participate in proceedings or discussions involving the setting of their compensation. Compensation is approved by the Board in advance of any change in compensation for the Board Chair or Management Level employees.
Form 990 Part VI
19
The organization will provide in a timely manner, copies of all governing documents, including its conflict of interest policies and financial statements, when requested in writing or in person.
Form 990 Part IX
18
Expense reimbursements to public officials are limited to travel and lodging for attending and participating in the meetings and conferences of the Organization.
Form 990 Part XI
5
Unrealized portfolio gain.
Form 990 Part I Line 6 Previously on Line 6 we reported the number of volunteers who worked in our business office. Starting this year we are including in this line the volunteers who served on our conference and meeting faculties, our Working Group Steering Committees, and our Working Group Drafting Teams creating our commentaries on best practices, guidelines, principles, and primers, since these individuals in fact volunteer a material amount of time on a pro bono basis to help us achieve our mission with respect to educational programs and content creation. Form 990 Part III Line 4a We published 3 new or updated commentaries in our areas of expertise. We produced 6 conferences reaching approximately 500 attorneys, judges and others interested in the legal system. We held 4 Working Group meetings reaching approximately 375 attorneys judges and others which meetings provide a forum for the bench and bar to explore and identify issues related to our areas of expertise and creating educational content in those areas. We started up a new Working Group on Best Practices and Recommendations for Patent Litigation Case Management to run in parallel with a ten-year Patent Pilot Project mandated by Congress. We held 2 webinars reaching over 140 people providing educational content in our areas of expertise. We worked with approximately 1000 attorneys, judges and others who participate in our working groups to create forward looking guidelines, best practices and principles in our areas of expertise. We had approximately 125,000 downloads of our educational content from our website, provided for free for personal use to interested attorneys, judges and others. We fulfilled more than 85 requests from more than 45 courts, federal and state agencies, bar associations, law schools and others to reprint our educational materials. We published our annual Sedona Conference Journal, and distributed it to over 200 public courthouses and law libraries on a complimentary basis in addition to our private subscribers. The Journal is also available online through Westlaw, Lexis, and H.W. Wilson. Our director of judicial education and content spoke at 7 federal and state judicial education conferences reaching over 440 judges with our educational content. Form 990 Part III Line 4a We updated the first law school casebook on ediscovery, of which we are a co author, including a consolidation of prior supplements into a completely revised and updated second edition of the casebook. We responded to a request from members of the Civil Rules Advisory Committee Discovery Subcommittee to our Working Group on Electronic Discovery to submit comments on proposed rules amendments in the area of ediscovery. Commentaries authored by us were cited in 36 reported federal, state and administrative opinions, and were cited in over 200 texts and treatises, 95 scholarly articles, and in the Federal Trade Commissions Proposed Rules of Practice. Form 990 Part VI Section B Line 11a Process to Review and Approve Form 990. Our outside tax accountant prepares the Form 990 based on the independent audit workpapers and, once reviewed by the board chair, it is transmitted by email to the Board for their review and approval in writing, which approvals are attached to a written action of the Board. Form 990 Part VI Section B Line 12c Conflict of Interest Policy. The Board annually reviews the purpose and intent of the Policy to ensure that any Board members or officers with interests or connections to any organizations providing services to or otherwise connected with the organization do not unduly influence the Board of Directors, and recuse themselves from consideration of any matter with respect to which they may, do, or may appear to have a conflict of interest Form 990 Part VI Section B Line 15b Compensation Policy. The Board completes a formal process of retaining an outside compensation consultant to collect data on comparable compensation for similar organizations with similar skills, job duties and requirements. Based on this data, the Board approves compensation for management level employees and the Board Chair that it concludes is reasonable and documents the compensation decisions in Board minutes and/or written actions of the Board. Interested employees and the Board Chair do not participate in proceedings or discussions involving the setting of their compensation. Compensation is approved by the Board in advance of any change in compensation for the Board Chair or Management Level employees. Form 990 Part VI Section C Line 19 The organization will provide in a timely manner, copies of all governing documents, including its conflict of interest policies and financial statements, when requested in writing or in person. Form 990 Part IX Line 18 Expense reimbursements to public officials are limited to travel and lodging for attending and participating in the meetings and conferences of the Organization. Form 990 Part XI Line 5 Unrealized portfolio gain.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.