Sections & Committees

Commercial and Federal Litigation Section

ARBITRATORS’ QUESTIONS AND OTHER PROACTIVE STEPS IN ARBITRATION:  HOW FAR CAN ARBITRATORS GO?

Sponsored by Commercial and Federal Litigation Section Committee on Arbitration and ADR 

January 21 

AAA-ICDR Dispute Resolution Center, 
150 East 42nd Street, 17th Floor, New York, NY 

6:00 p.m. – 7:00 p.m. (with reception to follow) 

As a follow up to John Fellas’ insightful article, “Arbitrators’ Questions: Can They Cross a Line?” appearing in the New York Law Journal (September 2019), there will be a discussion with Mr. Fellas about his views and conclusions on arbitrators’ questions and other proactive steps in arbitration. How far can an arbitrator go?  When do they cross the line?    

Featured Speaker: 
John Fellas, Esq. of Hughes Hubbard & Reed 

Committee Chairs: 
Charlie Moxley and Jeffrey T. Zaino 

REGISTER NOW

The program and reception are complimentary. 

COMMERCIAL & FEDERAL LITIGATION MEETING

Wednesday, January 29, 2020
9:00 AM - 12:00 PM
Rendezvous Ballroom, 3rd Floor
#nysba20

Register for the 2020 Annual Meeting Here or Download the Registration Form Here.


VIEW THE AGENDA HERE.

*COMMERCIAL & FEDERAL LUNCH

Wednesday, January 29, 2020
12:00 PM - 2:00 PM
Trianon Ballroom, 3rd Floor
#nysba20

Register for the 2020 Annual Meeting Here or Download the Registration Form Here.


RESERVE A TABLE!

BECOMING AN ALLY: FOUR TRAILBLAZING JURISTS DISCUSS DIVERSITY AND INCLUSION

1.5 MCLE credits in Diversity, Inclusion and Elimination of Bias
This program is co-sponsored by the Commercial and Federal Litigation Section, the Young Lawyers Section, and the Committee on Continuing Legal Education.

Wednesday, February 5, 2020
Foley & Lardner LLP
90 Park Avenue
New York, NY 

In this program, four of New York’s most noteworthy jurists discuss the importance of championing attorneys from historically underrepresented backgrounds.  These jurists are:

    Honorable Joel Cohen (Commercial Division, New York County)
    Honorable Dora Irizarry (Chief Judge of the Eastern District of New York)
    Honorable Saliann Scarpulla (Commercial Division, New York County)
    Honorable Laura Taylor Swain (Southern District of New York)

This program will be an interactive discussion about topics relating to advancing female attorneys, attorneys of color, LGBTQIA+ attorneys, and attorneys with disabilities in the profession. The focus will be on how attorneys can work together to foster diversity and inclusion. The program will include hypotheticals with audience participation on a variety of areas such as how to be an ally, a sponsor, and a mentor. The program will also include hypotheticals about the importance of introducing attorneys from diverse backgrounds to clients.

5:30 p.m.: Registration and Reception
6:30 p.m. – 8:00 p.m.: CLE program

Free for Co-Sponsoring Section Members
$50 NYSBA Members | $150 Non-Members

If you have any questions about the content of this program, please contact Simone Smith, CLE Program Manager, or Bridget Donlon, CLE program Coordinator.
For any questions related to program registration, please conatct the NYSBA's Member Resource Center by email at [email protected], or by phone at 800-582-2452.  

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Save the Date: Monday, March 30, 2020

Business Arbitration and Mediation 2020
Fordham Law School
150 West 62nd Street | New York, NY  10023

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


March 2019
January 2019
December 2018

November 2018
September 2018
August 2018
June 2018 
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