RECORDED WEBINAR: A "HOW-TO" SESSION ON CATEGORICAL PRIVILEGE LOGS
This webinar is sponsored by the eDiscovery Committee of the Commercial and Federal Litigation Section.
On September 2, 2014, revised Rule 11-b of the Uniform Rules for the Supreme and County Courts went into effect and established a “preference” in the Commercial Division for the use of “categorical designations” in preparation of a privilege log. The new rule calls for enhanced cooperation in this effort – but what does using a categorical priv log really mean? How does it work in practice? Our panel will consist of attorneys who have used categorical logs in their practice and can explain the pros, cons, and how-to of this approach to privilege.
Royce Cohen, Esq., Tressler LLP
Jennifer Levy, Esq., Cleary Gottlieb Steen & Hamilton LLP
Jessica Perazzelli Ross, Esq., Deutsche Bank AG NY
You can listen to the recording here: https://nysbar.webex.com/nysbar/lsr.php?RCID=1cc776d0ee613d606c80bdc5c61994df
The materials for today’s webinar are available online for you by visiting http://www.nysba.org/PrivilegeLogs/
Issued by the Social Media Committee and Approved by the Section's Executive Committee
EXECUTIVE COMMITTEE MEETING Minutes
ONONDAGA COUNTY BENCH-BAR FORUM
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.