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 

BASIC LESSONS ON ETHICS AND CIVILITY 2018 | 5 LOCATIONS

Who Should Attend?
Attorneys of all levels of experience, across all subject matter disciplines.

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 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 uncivil adversaries and civility issues within the law firm. The program will conclude with a discussion of real life hypotheticals by a panel of distinguished practitioners and jurists – certain to benefit attorneys in all substantive areas of practice.

4.0 MCLE Credits | 4.0 Ethics

NYSBA Members $135
Commercial and Federal Litigation Section Members
 $110
Non Members $235

Register Today!

Friday, April 13, 2018 | New York State Bar Association
1 Elk Street | Albany, NY 12207

Friday, April 13, 2018 | Genesee Grand Hotel
1060 East Genesee Street | Syracuse, NY 13210

Friday, April 13, 2018 Hyatt Place Buffalo/Amherst
5020 Main Street | Amherst, NY 14226

Friday, April 13, 2018 Melville Marriott
1350 Walt Whitman Road | Melville, L.I., NY 11747

Friday, April 20, 2018 | CUNY Graduate Center
365 Fifth Avenue | New York, NY 10016 | Live & Webcast

To learn more about the programs, click here

 

RESOLVING E-DISCOVERY DISPUTES EFFICIENTLY IN ARBITRATION AND IN COURT

Sponsored by JAMS and the Commercial and Federal Litigation Section of the New York State Bar Association.

Wednesday, April 25, 2018
6:00 P.M. - 7:40 P.M.
Live Program - Cocktail Reception to Follow

JAMS
620 Eighth Avenue, 34th Floor
New York, NY 10018

2.0 MCLE Credits: 2.0 Skills

NYSBA Member: $25.00 | Non-Member: $35.00

REGISTER NOW


How do you ensure that claimants and respondents both receive adequate pretrial discovery while still retaining the benefits of arbitration?  What can you do when the judge assigned to your lawsuit is not knowledgeable about e-discovery? Two panels presenting the views of experienced litigators, judges, neutrals, and e-discovery experts will address these and related topics to help you ensure that the discovery phase of your arbitral proceeding or courtroom case is handled effectively and efficiently.

This timely continuing legal education program will also provide an opportunity for you to raise your own concerns and hear the experts’ suggestions regarding best practices for effective and efficient e-discovery both in arbitration and in court.  There will be a cocktail reception following the program. 

Panel 1: E-Discovery Issues in Arbitration

  • Hon. Frank Maas (Ret.),  Moderator
  • Prof. Michael Fox, J.D.
  • Steve Younger, Esq. 
  • Roger Maldonado, Esq. 

This Panel will address the unique issues presented by e-discovery in arbitral settings, such as the effect of streamlined discovery rules, the frequent lack of face-to-face prehearing discovery conferences, and the difficulty of obtaining third-party discovery.  The panel will also provide tips that you can immediately use in your arbitrations.

Panel 2: Use of Special Masters and E-Discovery Mediators in Connection with Court Litigation

  • Mark Berman, Esq.,  Moderator
  • Maura Grossman, Esq.
  • Hon. Frank Maas (Ret.)
  • Special Referee Jeremy Feinberg

This panel will discuss the increasing use of court-appointed special masters and e-discovery mediators in courtroom litigation.  Among the topics the panel will address are:  Use of court resources to resolve e-discovery disputes?  Should you or the court use such an expert and, if so, how?  What are the ground rules for communications between the appointing judge and a special master?  Should sessions with a special master be stenographically recorded?  What can an e-discovery mediator, whether a court employee or privately retained, do to help the parties and how do you find one? 


NYSBA Member: $25.00 | Non-Member: $35.00 

REGISTER NOW


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.


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 

Thursday May 3, 2018: Jury Selection, Jury Charges and Verdict Forms
The second in the seven-part webinar series on trial practice in the Commercial Division is entitled “Jury Selection, Jury Charges and Verdict Forms.”  This program will cover the ins and outs of preparing for and conducting voir dire, the use of jury consultants, strategies for jury selection, and best practices regarding jury charges and verdict forms.  Through our dynamic panel, this program will provide practitioners with a unique opportunity to obtain insights from the bench, the bar, and an expert jury consultant.  Speakers:  Hon. Timothy Driscoll, New York Supreme Court, Nassau County Commercial Division; Harold K. Gordon, Jones Day; Dr. Reiko Hasuike, R&D Strategic Solutions LLC; Natasha Shishov, Jaspan Schlesinger LLP.

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.  
 
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 

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

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 Beth Gould at bgould@nysba.org 

The Sagamore Resort on Lake George
Bolton Landing, NY
May 4-6, 2018

HOTEL ACCOMMODATIONS
Rooms in the main hotel of The Sagamore are now sold out!  However, rooms are still available in the Lodges. You can call the hotel directly at 866-385-6221 to book them.   

Register Online or Download Meeting Registration Form    View Program Agenda 

TOPICS WILL INCLUDE:
- The Good, the Bad, and the Ugly: The Bench's View on What Works Well, and What Does Not, in Commercial Trials
- Privilege and Ethical Issues Encountered in Corporate Investigations
- Using ADR to Resolve B2B Data Privacy and Cybersecurity Disputes
- Forensic Examination of Digital Devices: The Legal, Ethical and Technical Pitfalls
 
REGISTRATION FEES:
NYSBA Member: $700.00
Non-NYSBA Member: $800.00
Special Young Lawyer(admitted less than 10 yrs - does not include Gala/Award Dinner): $250.00
Special Young Lawyer with Gala/Award Dinner: $325.00
Gala Award Dinner Only: $175.00
Sponsor Table for Gala Dinner: $1,250.00
Spouse/Guest: $275.00







THE LITIGATIVE DNA - THE UNDERUTILIZATION OF MEDIATION IN NEW YORK AND WHAT CAN BE DONE ABOUT IT

Co-sponsored by New York State Bar Association Commercial and Federal Litigation and Dispute Resolution Sections

May 9, 2018 | 8:30 a.m. - 600 p.m.

Fordham University School of Law
Constantino & Bateman Rooms
150 W 62nd St.
New York, NY 10023

8.0 MCLE Credits: 1.0 Ethics, 7.0 Areas of Professional Practice

NYSBA Member: $225 | Non-Member: $325

Commercial and Federal Litigation Section Member: $150
Dispute Resolution Section Member: $150

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

REGISTER NOW

 

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

9:00-9:15 a.m.                         Welcome and Introductions

9:15-10:15 a.m.                       Effectiveness of Mediation––and Efforts of the New York Bar to Increase the Use of Mediation in the New York Courts: The Ethical Imperative

                                                1.0 MCLE Credits in Ethics

10:15-10:30 a.m.                     Break

10:30 a.m.-11:30 p.m.             Levels of Use of Mediation by Private Providers and in the Ad Hoc World––and Reasons There is Not a Greater Level of Use

11:30-12:45 p.m.                     The User Perspective––How Parties and their Counsel in New York Feel About the Level of Mediation Offered and/or Required by the Courts and ADR Providers

12:45-1:30 p.m.                       Lunch

1:30-2:00 p.m.                         Keynote Address:  The Compelling Case for Increasing the Use of Mediation in New York Dean John D. Feerick, Fordham Law School

2:00-3:30 p.m.                         Levels of Use of Mediation in Various Court Systems, Analysis of the Success, and Reasons for the Differences

3:30-3:45 p.m.                         Break

3:45-5:30 p.m.                         The Future of Mediation in New York: What to Do

5:30 p.m.                                 Adjournment

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 segment WILL NOT receive credit for that program segment.

REGISTER NOW



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.

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.

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