Sections & Committees

Commercial and Federal Litigation Section

TAKING THE LEAD 2019: WINNING STRATEGIES AND TECHNIQUES FOR COMMERCIAL CASES
BY EXPERIENCED AND LESS EXPERIENCED COMMERCIAL LITIGATORS, CRITIQUED BY PROMINENT MEMBERS OF THE JUDICIARY

This program will showcase methods of creating compelling opening and closing statements and direct and cross-examinations of witnesses through a re-enactment of an actual civil trial.

Sponsored by the Commercial and Federal Litigation Section and by the Young Lawyers Section.

Tuesday, March 12, 2019
Live Program
5:30 p.m. - 7:10 p.m.
Reception
7:10 p.m. - 8:00 p.m.

Daniel Patrick Moynihan United States Courthouse
Ceremonial Courtroom
500 Pearl Street
New York, NY 10007-1312

2.0 MCLE Credits: 2.0 Skills


NYSBA Member: $100 | Non-Member: $200
Commercial and Federal Litigation Section Member: $50
Young Lawyers Section Member: $50

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Learn more about Taking the Lead 2019

Taking the Lead 2019 Program Postcard
Program Faculty
Program Chair | Lauren J. Wachtler | Phillips Nizer LLP

Hon. P. Kevin Castel | Federal District Court | Southern District of New York
Hon. Mae A. D’Agostino | Federal District Court | Northern District of New York
Hon. Timothy S. Driscoll | Supreme Court of the State of New York | Commercial Division, Nassau County
Hon. Saliann Scarpulla | Commercial Division, New York County
Hon. Shira A. Scheindlin (ret,) | Strook & Strook & Lavan LLP
Carrie H. Cohen | Morrison & Foerster LLP
Tracee E. Davis | Zeichner Ellman & Krause LLP
 


Newly Admitted Attorneys: To receive skills credit, newly admitted attorneys must take accredited transitional CLE courses in traditional live classroom settings that have been approved by the CLE Board for use by newly admitted attorneys.  For more information about the CLE Rules, please go to www.nycourts.gov/Attorneys/CLE.

Out of State Accreditation: This program has also been approved for MCLE credit by the State Bar of California, the Pennsylvania Continuing Legal Education Board and the Board of Continuing Legal Education of the State of New Jersey.  If you require MCLE credit in other states, we can provide you a Uniform MCLE Form.

Partial Credit for Program Segments Not Allowed: Under the New York State Continuing Legal Education Board Regulations and Guidelines, attendees at CLE programs cannot get MCLE credit for a program segment (typically, a lecture or panel, of which there are usually several in a program) unless they are present for the entire segment. Those who arrive late, depart early, or are absent for any portion of the segment WILL NOT receive credit for that program segment.


http://www.nysba.org/assets/0/96/108/7325/10822/thumb_0cb6d2f8-a8da-4663-bbd1-6974d6440996.jpg

Follow NYSBA CLE on Twitter! @NYSBACLE

Stay informed. Be the first to hear about the latest course offerings.

To view the full list of Continuing Legal Education Programs, click here.

If you have any questions about this program, please contact CLE Program Manager Simone Smith, or the CLE Program Coordinator, Bridget Donlon.



Address:
Daniel Patrick Moynihan United States Courthouse
Ceremonial Courtroom
New York, NY 10007

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Arbitration 2019 – What Parties and Their Counsel Have a Right to Expect and Arbitrators Should Be Delivering: Arbitration at Its Best 
Sponsored by the Commercial and Federal Litigation SectionDispute Resolution SectionCorporate Counsel Section and the Committee on Continuing Legal Education of the New York State Bar Association.

Fordham Law School
150 West 62nd Street (between Amsterdam & Columbus Aves)
New York, NY 12203

CLE Program - 9:00 a.m. – 5:30 p.m.
Reception - 5:30 p.m. – 7:00 p.m.
 

7.0 MCLE Credits: 3.0 Skills, 4.0 Areas of Professional Practice

NYSBA Member: $175 | Non-Member: $275
Co-Sponsoring Section Member: $150


Learn More About The Future of Arbitration: Domestic & International Trends
Please click here to view the program brochure
 

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Program Chairs
Charles J. Moxley, Jr., Esq. | MoxleyADR LLC
Jeffrey T. Zaino, Esq. | American Arbitration Association

Agenda & Faculty

8:30-9:00 a.m.                     Registration 

9:00-9:15 a.m.

 

Welcome and Introductions
Prof. John D. Feerick, Fordham Law School
Charles J. Moxley, Jr., Program Co-Chair
Jeffrey T. Zaino, Program Co-Chair
 

9:15-10:30 a.m.

 

The Ten Most Important Things in Arbitration for an Effective, Economical and Fair Process

Moderator:  Charles J. Moxley, Jr., MoxleyADR LLC
Panel Members
Noah Hanft, CPR
Robert N. Holtzman, Kramer Levin Naftalis & Frankel LLP
Elizabeth Shampnoi, Shampnoi Dispute Resolution and Management Services, Inc.
Peter Stroili, D’Amato & Lynch, LLP
Michael D. Young, JAMS
Jeffrey T. Zaino, American Arbitration Association

1.5 Skills

 
10:30-10:45 a.m.Break 
10:45 a.m.-11:45 a.m.

Provider Perspectives on Arbitrator and Counsel Best Practices in Arbitration

Moderator:  Jeffrey T. Zaino, American Arbitration Association
Panel Members
Citlalli Grace, CPR
J. Brian Johns, International Case Counsel, ICDR
Mansi Karol, AAA Director of ADR Services
Marek Krasula, Counsel, ICC
Katherine Bayer, Office of Dispute Resolution, FINRA
Matthew P. York, General Manager, JAMS

1.0 Areas of Professional Practice Credit

 

11:45 a.m. -12:45 p.m.

 

Distinctive Differences Between International and Domestic Arbitration – What Each Can Learn from the Other

Moderator:  Rekha Rangachari, NYIAC
Panel Members
Luis Martinez, ICDR
Richard L. Mattiaccio, Allegaert Berger & Vogel LLP
Dana MacGrath, Bentham Capital LLC 
William H. Taft, Debevoise & Plimpton LLP   
Nancy K. Thevenin, General Counsel, United States Council for International Business

1.0 Areas of Professional Practice Credit

12:45-1:45 p.m.                   Lunch

1:45-2:15 p.m.

 

Keynote Address:  The Compelling Role of Arbitration in Domestic and International Dispute Resolution – Some Suggestions for Making it Better

Prof. John D. Feerick, Fordham Law School

0.5 Areas of Professional Practice Credit

2:15-2:30 p.m. 

Report by John S. Kiernan, Debevoise & Plimpton LLP

Chair of Chief Judge’s Advisory Committee on Advancing ADR in the New York Court System

2:30-4:00 p.m. 

 

 

Workshop as to Notable Recurring Areas Requiring Close Attention:

>Handling multiple related claims in employment and health insurance arbitrations;
>Things arbitration might learn from court practice, including:
  - The administration of ESI;
  - Proportionality---What does it really mean? To what extent do we really require it? Should we require it more?
  - The role of the hearsay rule; and
  - Limiting cross and redirect;
>Recurrent legal issues of significance to arbitration
  - Scope of attorney/client privilege;
  - Parol evidence that never eventuates - and potential cost        consequences; and Comparative fault in contract vs. tort law;
>Justice versus efficiency – the balance between running an efficient process and hearing people out: Should we sometimes permit more process than is efficient?
>Technology Cases
  - Special challenges of high-tech cases; and
  - Mitigating the risks of cyber intrusion into the arbitration process.

Moderator:  Charles J. Moxley, Jr., Esq., MoxleyADR LLC
Panel Members 
Albert M. Appel, Appel ADR
Alfred G. Feliu, Feliu Neutral Services, LLC
Stephen P. Gilbert, Independent Arbitrator and Mediator
Hon. Faith Hochberg (Ret.), Judge Hochberg ADR

1.5 Skills Credit

 4:00-4:15 p.m.                 Break

4:15-5:30 p.m.  

 

Practice Development – How to Get More and Bigger Cases as a Neutral
Moderator: Prof. Jacqueline Nolan-Haley, Fordham Law School
Panel Members
Hon. Carolyn E. Demarest (Ret.), JAMS
Ross J. Kartez, Ruskin Moscou Faltischek, P.C.
Deborah Masucci, Masucci Dispute Management and Resolution
Dani Schwartz, Wachtel Missry LLP
David C. Singer, Singer ADR

1.5 Areas of Professional Practice Credit 

5:30 p.m.                              Adjourn

5:30-7:00 p.m.

 

Wine and Cheese Reception

Newly Admitted Attorneys: To receive skills credit, newly admitted attorneys must take accredited transitional CLE courses in traditional live classroom settings that have been approved by the CLE Board for use by newly admitted attorneys.  For more information about the CLE Rules, please go to www.nycourts.gov/Attorneys/CLE.

Out of State Accreditation: This program has also been approved for MCLE credit by the State Bar of California, the Pennsylvania Continuing Legal Education Board and the Board of Continuing Legal Education of the State of New Jersey.  If you require MCLE credit in other states, we can provide you a Uniform MCLE Form.

Partial Credit for Program Segments Not Allowed: Under the New York State Continuing Legal Education Board Regulations and Guidelines, attendees at CLE programs cannot get MCLE credit for a program segment (typically, a lecture or panel, of which there are usually several in a program) unless they are present for the entire segment. Those who arrive late, depart early, or are absent for any portion of the program WILL NOT receive credit for that program segment.


http://www.nysba.org/assets/0/96/108/7325/10822/thumb_0cb6d2f8-a8da-4663-bbd1-6974d6440996.jpg

Follow NYSBA CLE on Twitter! @NYSBACLE for the latest program announcements.
To view the full list of Continuing Legal Education Programs, click here.
If you have any questions about this program, please contact staff attorney name (hyperlinked with e-mail), title, or coordinator name (hyperlinked with e-mail), title.

If you have any questions about this program, please contact CLE Program Manager Simone Smith, or the CLE Program Coordinator, Bridget Donlon.


REGISTER NOW!


Commercial Litigation Academy 2019 The two day Commercial Litigation Academy program brings together an outstanding panel of distinguished and well known commercial litigators, current and former in house counsel and judges who will provide you with valuable insights on federal

Save the Date May 3 5, 2019 The Equinox Golf Resort & Spa 3567 Main St | Manchester, VT 05254 

AMERICAN BAR ASSOCIATION ADOPTS STATE BAR REPORT ON GENDER DISPARITY IN THE COURTROOM

The American Bar Association (ABA) House of Delegates Monday unanimously approved a resolution affirming that women attorneys remain considerably underrepresented in courtrooms and in Alternative Dispute Resolution (ADR), and outlined steps that can be taken by the judiciary, law firms, clients and ADR providers to address this disparity.

The measure is based on a New York State Bar Association (NYSBA) report entitled If Not Now, When? Achieving Equality for Women Attorneys in the Courtroom and in ADR, and was presented to the ABA by NYSBA President Sharon Stern Gerstman.

The report was compiled by the NYSBA Commercial & Federal Litigation Section’s Task Force on Women’s Initiatives, and was approved by NYSBA’s House of Delegates in November 2017. It encourages law firms, members of the judiciary, corporate clients, and alternative dispute resolution providers to provide women lawyers with opportunities to gain trial experience, participate in the courtroom and all aspects of litigation, and be selected as neutrals in ADR.

The ABA action was part of its Midyear Meeting in Vancouver, British Columbia.

“The approval by the ABA of this groundbreaking report underscores the importance of ensuring that women and diverse voices are empowered and able to play an active role throughout the judicial and dispute resolution process,” Gerstman said. “This is an issue of fundamental fairness and justice, and with agreement regarding the scope of the problem, we can now work together most effectively to address it.”

Gerstman noted that the ABA measure approved on Monday suggests specific actions, including encouraging judges to ensure that women lawyers have equal opportunities to participate in the courtroom, calling on corporate clients to work with outside counsel to facilitate the participation of women attorneys in all aspects of litigation and calling on corporate counsel to work with ADR providers to encourage the selection of women attorneys as neutrals.

The report is based on the first-ever observational study of women attorneys in the courtroom. It reveals that female attorneys comprise about 25 percent of attorneys in lead counsel roles in courtrooms statewide.

The study took place from Sept. 1 through Dec. 31, 2016. Approximately 2,800 questionnaires were completed and returned by judges in participating courts, including the New York Court of Appeals, the Second Circuit Court of Appeals, two of the four federal district courts, all four appellate divisions, and commercial divisions in supreme courts in counties from Suffolk to Onondaga and Erie. Three of the leading ADR providers in the state also participated.

The NYSBA Task Force on Women’s Initiatives is co-chaired by NYSBA Past President Bernice K. Leber of New York City (Arent Fox), retired U.S. District Court Judge Shira Scheindlin of New York City (Stroock & Stroock & Lavan and JAMS); former Assistant U.S. Attorney Carrie H. Cohen of New York City (Morrison & Foerster); Tracee E. Davis of New York City (Zeichner, Ellman & Krause); Sharon M. Porcellio of Buffalo (Bond, Schoeneck & King); Lesley F. Rosenthal of New York City (Lincoln Center for the Performing Arts); and Lauren J. Wachtler of New York City (Phillips Nizer LLP). All are former chairs of NYSBA’s Commercial & Federal Litigation Section.

EXECUTIVE COMMITTEE MEETING Minutes


November 2018
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August 2018
June 2018 
February 2018

January 2018

D
ecember 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
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VIEW THE LATEST NYLITIGATOR

The NYLitigator features peer-written substantive articles relating to the practice of commercial and federal litigation on various topics, including discovery; mediation; settlements; corporate liability; and due process. Section Reports, written by various Commercial and Federal Litigation Committees, are often featured in each issue. The NYLitigator is published by the Commercial and Federal Litigation Section and distributed to Section Members free of charge.
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VIEW THE LATEST COMMERCIAL AND FEDERAL LITIGATION SECTION NEWSLETTER

The Commercial and Federal Litigation Section Newsletter features updates on Section activities, programs and events; recent legislation; and information about current issues. The Commercial and Federal Litigation Section Newsletter is published three times per year by the Commercial and Federal Litigation Section and distributed to Section members free of charge.
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The Commercial Division Advisory Council has produced a new version of its short film about the Commercial Division of the New York State Supreme Court. The film features eleven General Counsel of major corporations speaking about the Commercial Division. 

The film portrays some of the recent improvements to the Commercial Division’s rules, procedures, and operations which have been designed to be responsive to the needs and concerns of the business community. The ultimate goal of these changes is to make the business litigation process in New York more cost‑effective, predictable, and expeditious, and to thereby provide a more hospitable and attractive environment for business litigation in New York State.

See the video here:  https://vimeo.com/195552034