• Fall 2017 Slider
    A publication of the Commercial and Federal Litigation Section
  • Table of Contents Current Issue

    Fall 2017

    Message from the Chair
    By Mitch Katz

    Utilizing a Smart Phone "App" to Protect Companies and Individuals in Critical Law Enforcement Encounters: M&M DefendTM
    By Steven D. Feldman

    Seeking Benefits Owed Under an ERISA Top-Hat Plan: A Primer for Litigators
    By Michael C. Rakower and Melissa Yang

    Why Mediate?
    By Rick S. Weil

    A Litigator's Guide to the Management of New York Limited Liability Companies
    By Michael J. Firestone

    Merits-Based Review of Arbitration Awards: A Potentially "Appealing" Option
    By Theodore K. Cheng

    Calculating Lost Profits—An Overview
    By Stephen L. Ferraro

    Promissory Estoppel and the Statute of Frauds in New York
    By Mary Eaton, Sameer Advani and Patricia O. Haynes

    The Time Has Come (Accompanied by Affidavits): A Method for More Expeditious Trials in Commercial Cases
    By Timothy S. Driscoll

    Book Review: Business and Commercial Litigation in Federal Courts
    Reviewed by John Nonna

    An Overview of the New York Rules of Professional Conduct in the Context of Mediation
    By Marcy Einhorn

    International Arbitration: The Evolving U.S. Jurisprudence on Recognition and Enforcement of Awards Annulled Abroad
    By Clara Flebus

    Examining the Scope of Waivers for Intentional Production of Privileged Information
    By Benjamin R. Nagin and Marissa Alter-Nelson

    Committee Reports

    If Not Now, When? Achieving Equality for Women Attorneys in the Courtroom and in ADR

    Evolution of General Jurisdiction Rules in the Years Since Daimler Ag v. Bauman

    Proposed Amendment to the Rules of the Commercial Division to Include a Sample Choice of Law Clause for Use in Commercial Contracts

    Proposed Establishment of a "Large Complex Case List" in the Commercial Division

    Proposed Rules for Electronic Filing in the Appellate Division of the Supreme Court

    Proposed Model Status Conference Stipulation and Order Form for Use in the Commercial Division

    The views expressed in the articles in this publication are not endorsed by the Commercial and Federal Litigation Section, unless so indicated.

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  • About this Publication

    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. Edited by Daniel K. Wiig, Esq., the NYLitigator is published by the Commercial and Federal Litigation Section and distributed to Section Members free of charge.

    The NYLitigator is published as a benefit for members of the Commercial and Federal Litigation Section and is copyrighted by the New York State Bar Association. The copying, reselling, duplication, transferring, reproducing, reusing, retaining or reprinting of this publication is strictly prohibited without permission.
    © New York State Bar Association. All rights reserved. ISSN 1085-4193 (print) ISSN 1933-8589 (online)

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