Commercial and Federal Litigation Section

  • Bench Bar 1
    Legal Ethics in the Digital Age NYC Live and Webcast September 29, 2016
  • Former Chairs
    Join the Section! Whether you are a seasoned litigator or a newly-admitted attorney, membership in the Commercial and Federal Litigation Section is an excellent way to advance your career.
  • CLE Programs and Events
    • August 8, 2016: Basic Lessons on Ethics & Civility 2016 - Video Replay


      Monday, August 8, 2016
      9:00 a.m. to 12:30 p.m.
       (includes a 10-minute break)

      Online Video Replay with Live Q&A Session with: Vincent J. Syracuse, Partner, Tannenbaum Helpern Syracuse & Hirschtritt LLP, Hon. Tanya R. Kennedy, New York County Supreme Court, Danielle C. Lesser, Partner, Morrison Cohen LLP, Jamie B.W. Stecher, Partner, Tannenbaum Helpern Syracuse & Hirschtritt LLP, Mark C. Zauderer, Partner, Flemming Zulack Williamson Zauderer LLP

      4.0 MCLE Credits: 4.0 Ethics 

      NYSBA Member: $95 | Non-Member: $195

      Register today!

      Real Time Interactive Q&A Session (12:30 – 1:00 p.m.) featuring:
      Vincent J. Syracuse, Partner, Tannenbaum Helpern Syracuse & Hirschtritt LLP 
      Hon. Tanya R. Kennedy, New York County Supreme Court
      Danielle C. Lesser, Partner, Morrison Cohen LLP
      Jamie B.W. Stecher, Partner, Tannenbaum Helpern Syracuse & Hirschtritt LLP
      Mark C. Zauderer, Partner, Flemming Zulack Williamson Zauderer LLP

      Please note: you may submit questions using the Q&A tab at any time during the Video Replay.

      Program Description:
      A sound ethical compass and a civil and professional demeanor are the hallmarks of successful and respected attorneys in all areas of practice. This four hour program will provide attendees with an update on developments in the law in the area of attorney ethics, including the most recent case law. The rules of civility will be discussed, with emphasis on practical pointers for dealing with the uncivil adversary and civility issues within the law firm. The program concludes with a discussion of real life hypotheticals by a panel of distinguished practitioners and jurists which is certain to benefit attorneys in all substantive areas of practice.

      Topics Include:

      - What's New For 2016 on Ethics?
      - Civility in Everyday Lawyering: What Are the Basic Lessons to be Learned?
      - The Civility Rules
      - The Uncivil Adversary
      - Civility vs. Aggressiveness
      - Law Firm Civility Issues
      - Colloquium on Ethics & Civility, including Hypothetical Fact Patterns to Address Everyday Civility and Ethical Issues

    • August 17, 2016: CPLR Update 2016 - Video Replay


      Wednesday, August 17, 2016

      9:00 a.m. to 12:30 p.m. 

      Online Video Replay with Live Q & A Session with David Paul Horowitz  

      3.5 MCLE Credits: 2.5 Professional Practice; 1.0 Ethics 

      NYSBA Member: $95 | Non-Member: $195

      Register today!

      Real Time Interactive Q&A Session with  David Paul HorowitzPartner, Geringer, McNamara & Horowitz, LLC (12:30 – 1:00 p.m.)
      Please note: you may submit questions using the Q&A tab at any time during the Video Replay.

      Featuring David Paul Horowitz, the sole author of the nine-volume set Bender's New York Evidence, the treatise New York Civil Disclosure, and the 2008 and 2013 Supplement to Fisch On New York Evidence, as well as the monthly column "Burden of Proof" for the New York State Bar Journal!

      Program Description: Join New York State Bar Journal “Burden of Proof” author David Paul Horowitz for the sixth annual statewide update on New York Civil Practice rules and decisions!  Mr. Horowitz will discuss recent developments in New York civil practice, flagging problems, suggesting solutions, and focusing on best practices. 

      Topics Include:
      • Statutes of Limitation & Jurisdiction
      • Notices of Claim & Commencement
      • Pleadings & Motion Practice
      • Ethical Issues in Litigation
      • Disclosure                  
      • Expert Witnesses
      • Summary Judgment Practice & Trial
      • Ethics Developments & Dilemmas
      Additional Information: This course has been approved for all attorneys. PLEASE NOTE: Newly admitted attorneys will only receive Professional Practice credit.

    • September 29, 2016: Legal Ethics in the Digital Age NYC Live and Webcast


      Thursday, September 29, 2016

      New York Society of Security Analysts | 1540 Broadway | Suite 1010 | New York, NY 10036
      9:00 a.m. to 1:00 p.m.

      Live & Webcast!


      4.0 MCLE Credits: 4.0 hours in Ethics

      Commercial and Federal Litigation Section Members: $114.75 | NYSBA Members: $135 |  Non Members: $235

      Register Today!

      Not Able to Attend in Person? A Live Webcast Option is Available!*
      * Note: Newly admitted attorneys (less than twenty-four months) can attend the program via webcast to receive New York MCLE credit but the ethics portion must be viewed on the same day of the webcast.
      Program Co-Sponsors: Commercial and Federal Litigation Section and Committee on Continuing Legal Education

       8:30 a.m. – 9:00 a.m.

      Registration (outside meeting room)

       9:00 a.m. – 9:10 a.m.

      Welcome and Introductions

       9:10 a.m. – 10:00 a.m.

      What Does Attorney Competence Mean When It Comes to Handling Electronic Discovery?

       10:00 a.m. – 10:50 a.m.

      Tips and Tools for Protecting Privilege and Work-Product in Electronic Communications and Productions

       10:50 a.m. – 11:05 a.m.

      Refreshment Break

       11:05 a.m. – 11:55 a.m.

      The Do’s and Don’ts of Attorney Social Media Use and Advice to Clients: An Overview of the “Rules of the Road”

       11:55 a.m. – 12:45 p.m.

      Managing Records in the Cloud and Elsewhere: Takeaways for Organizing Your Client Files

       12:45 p.m. – 12:50 p.m.

      Wrap-Up and Closing Remarks

      Additional Information: This course has been approved for all attorneys, including those who are newly admitted (less than twenty-four months). IMPORTANT NOTICE--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.

  • Recent News & Events

    This year’s Annual Luncheon was a hit in all respects. Its success was due to the combined effort of many individuals.

    An active Bar organization should make an impactful difference. It should make a difference in continuously trying to better our profession. It should make a difference by being cognizant of and commenting on developing law. It should make a difference by recognizing those who do great things to advance the standing of our profession. It should make a difference in mentoring younger lawyers and promoting diversity. 

    We should be proud of our Section. With over 2,100 active members, we do make an impactful difference. This year’s Annual Luncheon is just an example. The programming for the morning CLE’s—masterfully orchestrated by Mitch Katz— covered practical, informative topics: The Psychology of Perception and Commercial Litigation in NY: Choosing Between State and Federal. Between those two programs, we were particularly grateful to our esteemed group of women former Section Chairs, who put together a very dynamic panel discussion on Advancing Women in the Profession—consisting of candid, frank, and diverse opinions, guidance, and advice. 

    As you are aware, our Section developed the Social Media Guidelines through our Social Media Committee led by the indefatigable Mark Berman and Ignatius Grande. Our Guidelines became a topic for the Presidential Summit at the Annual Meeting. They continue to gain national attention. Our State Bar has now become a leader in this area because of our members’ efforts.

    At our Annual Luncheon we were so proud to bestow the Stanley H. Fuld Award on the Hon. Sheila Abdus-Salaam, Associate Judge of the Court of Appeals, for her outstanding contributions to commercial law and litigation. Judge Abdus-Salaam is truly a remarkable person and jurist. She has served on trial and appellate level courts, having made important rulings on key commercial issues that continue to help the development and evolution of commercial law. She deeply guards individual rights and liberties. She epitomizes what the Award stands for. I urge you to take the time to read Mark Zauderer’s wonderful introduction of Judge Abdus-Salaam, and our honoree’s remarks, both of whom were gracious to allow us to reprint them in this issue.

    As if that’s not enough.

    Immediately upon learning of the untimely death of our great Chief Judge Judith Kaye, former Section Chair

    Carrie Cohen wasted no time to create a remarkable video presentation of Judge Kaye to honor her legacy. We were privileged to have Judge Kaye’s daughter Luisa join us for the event. In addition, I was proud to announce on behalf of the Section that we are establishing a scholarship through the NY Bar Foundation in Chief Judge Kaye’s honor, to pay for women attorneys to participate and attend the Commercial Division Academy, an intensive CLE program to train commercial litigators. We want more women commercial litigators to follow in the footsteps of Judge Kaye. These achievements of our organization—our Section—are the direct result of you, our members: those active in committees and those who support and attend our programs. We make a difference because of that.

    James M. Wicks 

    Report Issued: Social Media Jury Instructions Report

    Issued by the Social Media Committee and Approved by the Section's Executive Committee


    May 2016
    April 2016
    March 2016
    February 2016 
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    May 2015


    By Jonathan Fellows

    On October 6, 2015, the New York State Bar Association’s Commercial and Federal Litigation Section presented the “Onondaga County Commercial Division Bench-Bar Forum.” The CLE event took place at the Conference Center at Bond, Schoeneck & King, PLLC’s Syracuse offi ce. Over sixty practitioners from Central New York attended the event, fi lling the room to capacity.

    Both of Onondaga County’s Commercial Division Justices, Deborah H. Karalunas and Donald A. Greenwood, participated in the Forum. Jonathan B. Fellows, of Bond, Schoeneck & King, who is the Section’s District Leader for the Commercial Division in the Fifth Judicial District, organized the event and served as Moderator. Mitchell J. Katz, Section Vice-Chair, and Teresa Bennett, Co-Chair of the Section’s Committee on the Commercial Division, both of Menter, Rudin & Trivelpiece P.C., attended and helped to organize the event.

    The program was one of several Bench-Bar Forums on the Commercial Division being held around the state in light of the promulgation of new rules for the Commercial Division and the 20th Anniversary of the establishment of the Commercial Division.

    Onondaga County’s Commercial Division is one of the ten Commercial Divisions that have been established across the state. Justice Karalunas was appointed Presiding Justice of the Commercial Division in Onondaga County in 2007. Justice Greenwood was appointed to hear cases in the Commercial Division in 2011. In addition to serving on commercial cases, Justice Greenwood handles the bulk of Onondaga County’s tax certiorari cases. This was the second CLE this year organized by the Section in which Justices Karalunas and Greenwood served as panelists. In March they were panelists in the Section’s “Social Media Legal Ethics: Litigating Commercial Cases and Marketing Your Practice,” which Jonathan Fellows also chaired and in which Section Chair-Elect Mark Berman participated as a panelist.

    Jonathan Fellows opened the Forum with a history of the Commercial Division and a discussion of the vision of Chief Judge Kaye and Chief Judge Lippman to create and maintain a world class forum for the adjudication of commercial disputes in New York Supreme Court. He then outlined the new rules for the Commercial Division, including the new language in the preamble to the Commercial Division rules regarding proportionality in discovery, which the Chief Administrative Judge had announced the day before the event.

    Justice Karalunas then led the practitioners through her new Preliminary Conference Stipulation and Order for commercial cases, which has been drafted to implement the new rules, and discussed the New York City Bar Association’s model Stipulation and Order for the Production and Exchange of Confi dential Information, which she has referenced in her form Stipulation. Both Justices asked the practitioners for input and suggestions on the form Stipulation.

    The Forum then proceeded with questions to the Justices from the audience, as well as questions from the Justices to the attorneys. In addition to the new rules, the Forum discussed whether a mediation program for commercial cases should be established in Onondaga County, expert witness discovery, and the preferences of chambers for resolving discovery disputes. The Forum was well received by both the Bench and the Bar, and the Section greatly appreciated the time that Justices Karalunas and Greenwood devoted to the Forum.

    Join the Section!

  • Section Publications


    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.
    Read Now>


    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.
    Read Now>

  • New Rules

    2016 Amendments to the Uniform Rules for Supreme and County Courts, Rules Governing Appeals, and Certain Other Rules of Interest to Civil Litigators

    202.5(e)(1)(v): Adds certain documents, testimony, and evidence in matrimonial actions to categories of confidential personal information - Effective Date: 3/1/2016 (Court - Sup)

    202.16(m): Adds a provision on omission or redaction of confidential personal information from matrimonial decisions - Effective Date: 3/1/2016 (Court - Sup)

    202.70(g), Rule 3: Adds a provision on settlement conferences before a justice other than a justice assigned to the case - Effective Date: 7/1/2016 (Court - Sup)

    202.70(g), Rule 11-g: Adds a proposed form of confidentiality order - Effective Date: 7/1/2016 (Court - Sup)

    202.70(g), Rule 14-a: Adds a new rule on procedures at disclosure conferences conducted by non-judicial personnel - Effective Date: 7/1/2016 (Court - Sup)

    500.1(j), (l): Changes “computer-generated” papers to “papers prepared by a word-processing system” and changes “Times Roman” to “Times New Roman” - Effective Date: 6/22/2016 (Court - Ct. App.)

    500.11(m):  Adds word and page limits for submissions in alternative procedure for selected appeals - Effective Date: 6/22/2016 (Court - Ct. App.)

    500.13(c): Adds word and page limits for briefs in normal course appeals - Effective Date: 6/22/2016 (Court - Ct. App.)

    500.23: Requires that amicus submissions meet word and page limits of 500.11(m) and 500.13(c) - Effective Date: 6/22/2016 (Court - Ct. App.)

    800.23(c): Increased fees for admission certificates - Effective Date: 2/1/2016 (Court - 3d Dep’t)

    Notes: On May 23, 2016, effective July 1, 2016, the Administrative Judge of the Courts rescinded the Appendix of Official Forms for the CPLR.  See CPLR 107.  AO/119/16.

    *(2) On June 24, 2016, effective August 1, 2016, the Chief Administrative Judge of the Courts promulgated a revised New Model Preliminary Conference Order form for optional use in the Commercial Division.  AO/132/16.

    For a pdf file of the full chart: 2016 Amendments 

    *Latest changes are indicated by asterisk