Commercial & Federal Litigation Section

Commercial and Federal Litigation Section

GETTING READY FOR TRIAL

Recorded on April 18, 2018

The first in a seven-part webinar series on trial practice in the Commercial Division. “Getting Ready for Trial” covered the nuts and bolts of preparing for trial, from organizing trial materials; preparing pre-trial submissions like joint pre-trial orders and stipulations of facts and law; to using demonstratives to present evidence to witnesses and the Court.  Perfect for anyone, whether you are preparing for your first trial or your 100th.  

Speakers: Hon. Andrea Masley, New York Supreme Court; Michael L. Chartan, Esq., M. Salman Ravala, Esq., Criscione Ravala, LLP,  Melissa Yang, Esq., Rakower Law PLLC

Watch the webinar 

Register for the rest of the series

Thursday May 3, 2018: Jury Selection, Jury Charges and Verdict Forms
Wednesday, May 16, 2018: Openings and Closings 
Wednesday, May 30, 2018: Questioning Witnesses 
Wednesday, June 13, 2018: Experts
Wednesday, June 27, 2018: Technology in the Courtroom and Trial Demonstratives 
Wednesday, July 11, 2018: Evidentiary Questions and Preserving Issues for Appeal 

Trial Practice  Webinar Series

Best practice guidelines from the bench and bar.   

This series is free to Commercial and Federal Litigation Section members. Not a Member? Join Here 

Each webinar will run from: 12:30 p.m. - 1:30 p.m.
This is for information only; no CLE credit will be given.

REGISTER NOW 

Wednesday, May 30, 2018:  Questioning Witnesses
This fourth in the seven-part webinar series on trial practice in the Commercial Division will address direct and cross examination of witnesses.  Ever wonder how best to organize direct testimony for a logical and compelling presentation?  Or how to effectively control a witness during cross-examination?  Do you want to hear how an attorney’s demeanor with a witness can impact the judge or jury?  These questions and more will be answered by our panel of seasoned practitioners and a “view from the bench.”  This is a program not to be missed.
Moderator
:  Craig S. Kesch, Flemming Zulack Williamson Zauderer LLP.  Speakers:  Hon. Melissa A. Crane, Supreme Court, Civil Branch, New York County; Carrie H. Cohen, Morrison & Foerster LLP; Michael C. Rakower, Rakower Law PLLC.

Wednesday, June 13, 2018: Experts
Please join us for the next webinar in our trial practice series, where we explore best practices relating to expert testimony at trial. We will cover taking advantage of the jury's short attention span, getting your expert accepted by the court as an expert, preparing your expert for trial, and the role of the expert report at trial. Speakers: Hon. Jerry Garguilo, Commercial Division Suffolk County; Mark Mancher, Jackson Lewis, P.C.; Ronald MinkoffFrankfurt Kurnit Klein & Selz PC; and Helene Hechtkopf, Hoguet Newman Regal & Kenney, LLP.

Wednesday, June 27, 2018: Technology in the Courtroom and Trial Demonstratives 
Wednesday, July 11, 2018: Evidentiary Questions and Preserving Issues for Appeal 

Past webinars in this series:

Wednesday, April 18, 2018: Getting Ready for Trial
This is the first in a seven-part webinar series on trial practice in the Commercial Division. “Getting Ready for Trial” will cover the nuts and bolts of preparing for trial, from organizing trial materials; preparing pre-trial submissions like joint pre-trial orders and stipulations of facts and law; to using demonstratives to present evidence to witnesses and the Court.  Perfect for anyone, whether you are preparing for your first trial or your 100th. Speakers: Hon. Andrea Masley, New York Supreme Court; Michael L. Chartan, Esq., M. Salman Ravala, Esq., Criscione Ravala, LLP,  Melissa Yang, Esq.,Rakower Law PLLC

Wednesday, May 16, 2018: Openings and Closings 
This program  will provide practitioners with a unique opportunity to obtain insights from Bench and Bar on how to craft and  present effective opening statements and closing arguments, including what to say and what not to say, avoiding and addressing objections, and the use of exhibits and evidence during openings and closings.  Our panel  is comprised of experienced  practitioners and a dynamic Commercial Division judge.  Moderator: Samuel Rubin, Goodwin Procter LLP;  Panelists:  Hon. Elizabeth H. Emerson, New York Supreme Court Suffolk County Commercial Division; Lauren J. Wachtler, Phillips Nizer LLP; Shawn J.  Rabin, Susman Godfrey LLP.  

REGISTER NOW 

Register online for the entire series or a particular session.  

To register over the phone please contact our Member Resource Center at 1-800-582-2452 

For questions contact Lori Nicoll at lnicoll@nysba.org 

eDiscovery and Data Protection: The Ethical Issues | Webinar

Wednesday, May 23, 2018
12:00 p.m. - 2:00 p.m. 
2.0 MCLE Credits: 2.0 Ethics

NYSBA Members: $75 | Non Member: $175
Commercial and Federal Litigation Section Member: $50

Sponsored by the Commercial and Federal Litigation Section, the Committee on Technology and the Legal Profession, and the Committee on Continuing Legal Education of the New York State Bar Association.

As the eDiscovery process becomes more complex and data-intensive, the potential for problems increases.  This two-hour program will explore privacy and data protection issues that may arise at all stages of the eDiscovery process.  Panelists will discuss effective communication of these issues with clients, working with eDiscovery vendors to reduce risk, and obtaining court orders and other agreements to protect data once it has been produced.  Each of these topics will be discussed in the context of attorney ethical rules and applicable privacy and data security statutes.

Chair
Ronald J. Hedges, Esq., Dentons U.S. LLP

Program Faculty
Ignatius Grande, Esq., Berkeley Research Group, LLC
Curtis A. Johnson, Esq., Bond, Schoeneck, and King PLLC
Karen M. Steel, Esq., Schindler Cohen & Hochman LLP

Committee on Technology and the Legal Profession Chair
Mark A. Berman, Esq., Ganfer & Shore LLP

Commercial and Federal Litigation Section Chair
Mitchell J. Katz, Esq., Menter Ruding & Trivelpiece, P.C.


To register by phone please call our Member Resource Center: 1-800-582-2452.

COMMERCIAL DIVISION LUNCH SERIES - QUEENS WITH PRESIDING JUSTICE HON. MARGUERITE A.GRAYS, HON. LEONARD LIVOTE AND HON. JOSEPH RISI

Thursday, May 24, 2018
1:00 p.m. – 2:00 p.m.

Supreme  Court of the State of New York
Queens County
5th Floor Boardroom
88-11 Sutphin Boulevard
Jamaica, NY 11435

REGISTER NOW

Join the Commercial & Federal Litigation Section for Lunch with Presiding Justice Hon. Marguerite A. Grays, Hon. Leonard Livote and Hon. Joseph Risi

Lunch will be provided . This event is free but advance registration is required

Capacity limited to 35 people

Flyer (pdf)

To register over the phone: Member Resource Center 1-800-582-2452

To Post or Not to Post? Conflicts of Interest and Social Media | Webinar

Wednesday, May 20, 2018 
12:00 p.m. - 1:00 p.m.
1.0 MCLE Credit; 1.0 Ethics

NYSBA Member: $75 | Non Member: $175 
Commercial and Federal Litigation Section Member: $50

Sponsored by the Commercial and Federal Litigation Section, the Committee on Technology and the Legal Profession, and the Committee on Continuing Legal Education of the New York State Bar Association.

Description: The presentation will explore the impact of social media on conflicts of interest as they apply to attorneys, along with strategies to mitigate associated risks. Particular attention will be paid to the New York Rules of Professional Conduct governing the duty of confidentiality, the duty to avoid the representation of differing interests and the duty of loyalty or independent judgment to the client. The following rules - and the impact of social media on these rules - will be discussed:

•Rule 1.6 Confidentiality of Information

•Rule 1.7 Conflict of Interest: Current Clients

•Rule 1.8 Current Clients: Specific Conflict of Interest Rules

•Rule 1.9 Duties to Former Clients

•Rule 1.10 Imputation of Conflicts of Interest 

1.0 MCLE Credit in Ethics

Program Faculty
Dauphine Dunlap, Esq., Miller Thomson LLP
Gail Gottehrer, Esq., Akerman LLP

Committee on Technology and the Legal Profession Chair
Mark A.Berman, Esq., Ganfer & Shore LLP

Commercial and Federal Litigation Section Chair
Mitchell J. Katz, Esq., Menter Ruding & Trivelpiece, P.C.

To register by phone please call our Member Resource Center: 1-800-582-2452.

Commercial Division Lunch Series - Buffalo with Commercial Division Justices Hon. Deborah A. Chimes and Hon. Henry J. Nowak

Thursday, May 31, 2018 | 12:30 p.m.-1:30 p.m. 

Bond Schoeneck & King
Avant Building, Suite 900
200 Delaware Ave
Buffalo, NY 14202

REGISTER NOW

Cost to attend: $10.00 Lunch will be provided

Capacity limited to 30 people

Flyer (pdf)

To register over the phone contact our Member Resource Center at 1-800-582-2452

THE 21ST CENTURY COURTROOM | USING INTEGRATED COURTROOM TECHNOLOGY IN THE COMMERCIAL DIVISION

1.5 MCLE Credits

Thursday, June 21, 2018

5:00 Registration
5:30 p.m. – 8:00 p.m. CLE Program and Reception

Westchester Supreme Court | Courtroom 105
111 Dr. Martin Luther King Jr. Blvd
White Plains, New York 10601

$25 Commercial and Federal Litigation Section Members
$50 NYSBA Members 
| $125 Non-Members

Register Now

Sponsor:  Roman & Associates, Inc.

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 

February 2018
January 2018

D
ecember 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 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