Commercial and Federal Litigation Section

  • AM18_Slider_NEW.jpg
    Commercial and Federal Litigation Section Annual Meeting Program and Luncheon Wednesday, January 24, 2018
  • CLE Programs and Events
    • January 17, 2018: Webinar: Stays and Injunctions in New York State Appellate Courts

      WEBINAR: STAYS AND INJUNCTIONS IN NEW YORK STATE APPELLATE COURTS

      This webinar is sponsored by the Commercial and Federal Litigation Section.  Not a Member? Join Here

      Wednesday, January 17, 2018
      1:00 p.m. - 2:00 p.m.

      Register now for this free one hour webinar. This is for information only; no CLE credit will be given.

      Speakers: 
      James M. McGuire, Esq., Holwell Shuster & Goldberg, LLP
      Robert S. Smith, Esq., Friedman Kaplan Seiler & Adelman LLP
      John R. Higgitt, Esq., Supreme Court, Bronx County

      Former Court of Appeals Judge Robert Smith and former First Department Justice James McGuire will discuss motions in the Court of Appeals and Appellate Division for stays and injunctive relief pending appeal.  In addition, they will also discuss CPLR 5704, the little-used provision that both grants broad review powers to the Appellate Division or a Justice thereof of orders granted without notice (such as TROs) and authorizes the Appellate Division to grant any order or provisional remedy (such as a TRO) applied for without notice that the trial court refused to grant

      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 

      Register now

    • January 18, 2018: Amendments to the Commercial Division Rules 2018 - Webcast Only

      AMENDMENTS TO THE STATEWIDE COMMERCIAL DIVISION RULES 2018
      A RENAISSANCE IN COMMERCIAL LITIGATION PRACTICE

      Thursday, January 18, 2018 | 12:30 PM - 1:30 PM
      Webcast only! 

      1.0 MCLE Credits: 1.0 Professional Practice

      NYSBA Member: $75.00 | Non-Member: $175.00
      Commercial and Federal Litigation Section Member: $60.00

      REGISTER NOW


      The Commercial Division has become a preferred dispute resolution venue for businesses around the world – one of whose hallmarks is the willingness to adapt to the changing needs of litigants in order to facilitate cost-effective and fair resolutions.  In 2012, former Chief Judge Jonathan Lippman assembled the “Task Force on Commercial Litigation in the 21st Century,” which conducted an in-depth analysis of the Commercial Division and made several concrete recommendations about how to improve practice in the Division and burnish its stature.  The Task Force’s recommendations have been implemented through the enactment of no fewer than 22 modifications and additions to the Statewide Rules of the Commercial Division – improvements ranging from federal-type expert disclosure to presumptive deposition limits, and from guidelines for seeking ESI from non-parties to an established preference for categorical privilege logs.

      12:30 - 12:35 p.m. Welcome and Introduction

      12:35 - 1:25 p.m. Overview of Substantive Changes 

      • Commercial Division Advisory Council
      • Modifications and Additions to the Rules
      • Updates in Commercial Litigation Practice

      1:25 - 1:30 p.m. Closing Remarks

      1:30 p.m. Adjournment

      Jonathan D. Lupkin, Esq. (Program Chair)

      Rebecca C. Smithwick, Esq.


      NYSBA Member: $75.00 | Non-Member: $175.00
      Commercial and Federal Litigation Section Member: $60.00

      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.

    • January 23, 2018: Evening at Thurgood Marshall with the Second Circuit

      Foley Square

      EVENING AT THURGOOD MARSHALL WITH THE SECOND CIRCUIT


      The New York State Bar Association’s Commercial & Federal Litigation Section invites its members, the Young Lawyers Section and others, including younger members of the Bar to meet the Judges of the Second Circuit the evening before its Annual Meeting and the awarding for the Stanley H. Fuld Award to the United States Court of Appeals for the Second Circuit.

      There will be tours of selected spaces at the courthouse, Second Circuit Chief Judge Robert A. Katzmann, and Mitchell J. Katz, Chair, Commercial & Federal Litigation Section will speak.

      Cocktails and hors d'oeuvres will be served. 

      Tuesday, January 23, 2018
      5:00 PM - 7:30 PM

      Thurgood Marshall U.S. Courthouse
      50 Foley Square
      New York NY 10007

      Cost to Attend: 
      $35 for NYSBA Members
      $45 for Non-NYSBA Members
      $25 for Attorneys Admitted 10 Years or Less

      REGISTER NOW

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

      For questions: Beth Gould at bgould@nysba.org

    • January 24, 2018: Commercial & Federal Litigation Section Annual Meeting Program

      Wednesday, January 24, 2018 9:00 AM
      9:00 AM - 12:00 PM
      Total MCLE Credits: 3.00 (Diversity 1.50, Ethics 1.50)
      #nysba18

      Register Here or Download The Registration Form Here.

      View Program Agenda  

      Under New York's MCLE rule, this program has been approved for up to 3.0 credit hours (1.5 credits in Diversity, Inclusion and Elimination of Bias and 1.5 credits in Ethics). This program will NOT qualify for credit for newly-admitted attorneys because it is not a basic practical skills program. 

      9:00-9:10 a.m. -  INTRODUCTIONS
      SECTION CHAIR                       
      Mitchell J. Katz, Esq., Menter, Rudin & Trivelpiece, P.C., Syracuse

      PROGRAM CHAIR
      Laurel R. Kretzing, Esq., Jaspan Schlesinger LLP, Garden City

      9:10-10:25 a.m.        
      Implicit Bias and Diversity in the Legal Profession: Exploring Best Practices for Lawyers and Judges 
      (1.5 credits in Diversity, Inclusion and Elimination of Bias)
      This CLE will introduce the topic of implicit bias (from scientific and pragmatic views) and offer considerations for recognizing and addressing biases that involve gender, race, sexual orientation, and age.  These biases can create access and justice barriers or 
      impact hiring, retention, promotion, and evaluation decisions.  In addition, we will discuss business advantages and other positive 
      impacts of diversity in the legal profession.

      Panelists:
      Carrie H. Cohen, Esq., Morrison & Foerster LLP, New York City
      Sheldon K. Smith, Esq., Nixon Peabody, LLP, Buffalo

      10:40-11:55 a.m.      
      Law Firm Cyber Protection: Everything You Need and Want To Know  (1.5 credit in Areas of Professional Practice)This interactive program includes an overview of client and law firm risks, addresses law firm vulnerabilities, and will discuss guidelines and advice for practitioners to be proactive in minimizing vulnerability to cyber-attacks. Panelists will discuss the ways you can recognize scams, spoofing, phishing, malware and viruses while providing you with the practices and procedures available to seek to prevent these risks. Learn about the available cyberliability insurance options and what cyberliability coverage does and does not cover. 

      Panel Chair:                
      Michael S. Ross, Esq., The Law Offices of Michael S. Ross, New York City 

      Panelists:                     
      Greg Cooke, USI Affinity, Philadelphia, PA
      James S. Gkonos, Esq., Saul Ewing Arnstein & Lehr LLP, Philadelphia, PA
      Michael Kraft, Esq., General Counsel, Kraft & Kennedy, Inc., New York City
      Patrick M. Turner, Esq., Vice President, Assistant General Counsel, CBS Law Department, New York City

      This program is co-sponsored with the Committee on Law Practice Management and the Committee on Technology and the Legal Profession.

      12:00 – 12:30 p.m.  
      COCKTAIL RECEPTION – Petit Trianon Ballroom Foyer, 3rd floor             

      12:30 – 2:00 p.m.     
      LUNCHEON – Trianon Ballroom, 3rd Floor

      To purchase a table at the luncheon download luncheon table reservation form

      PRESENTATION OF THE STANLEY H. FULD AWARD FOR OUTSTANDING CONTRIBUTIONS TO COMMERCIAL LAW AND LITIGATION

      Award Recipient                                
      Honorable Charles E. Ramos, Justice of the Supreme Court of the State of New York, Senior Commercial Division Justice         
       
      Award Presenter
      Michael Miller, President-Elect, New York State Bar Association         

      Discounts and Scholarships
      New York State Bar Association members and non-members may apply for a discount or scholarship to attend this program, based on financial hardship. This discount applies to the educational portion of the program only. Under this policy, any member of our Association or non-member who has a genuine basis for their hardship, if approved, can receive a discount or scholarship, depending on the circumstances. Request for discounts or scholarships must be received prior to January 12th, 2018. For more details, please contact Lori Nicoll in writing at New York State Bar Association, One Elk Street, Albany, New York 12207 or lnicoll@nysba.org.

      Accommodations for Persons with Disabilities:  NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact Lori Nicoll at 518-487-5563.

      For overnight room accommodations, please call the New York Hilton Midtown at 1-800-445-8667 and identify yourself as a member of the New York State Bar Association. The rate will be based on room selection (single/double occupancy) and arrival/departure dates with additional taxes and hotel fees. The discounted rate for January 21st and January 22nd is $179 per night. The discounted rate for January 23rd through January 28th is $229 per night. A rate of $209 will be offered to those with overlapping dates. Reservations must be made before December 15, 2017 by calling the New York Hilton Midtown directly at 800-445-8667 or online at www.nysba.org/am18accomm.

      For questions about this specific program, please contact Lori Nicoll at 518-487-5563. For registration questions only, please call the Member Resource Center at 800-582-2452. Fax registration form to 518-463-5993.


      Thank You To Our Sponsors

      Counsel Press, Inc.

      Ferraro, Amodio & Zarecki, CPAs

      US Legal Support

    • February 1, 2018: Developing Your ADR Career

      FEBRUARY 1, 2018: DEVELOPING YOUR ADR CAREER

      Commerical and Federal Litigation Section 

      Arbitration and ADR Committee presents...

      DEVELOPING YOUR ADR CAREER 

      Thursday, February 1, 2018
      6:00 p.m. - 7:30 p.m.; Reception to follow

      AAA-ICDR
      150 East 42nd Street, 17th Floor
      New York, NY 10017

      Cost: $30.00

      REGISTER NOW

      This program will provide insights on how to best develop your ADR career by networking, branding yourself, social media, etc.  You will hear from experienced arbitrators, mediators and ADR institutions

      Moderator:
      Charles J. Moxley, Jr., Independent arbitrator and mediator

      Panelists:
      Mark Morril, Esq.
      , Morril ADR LLC
      Matthew Draper, Esq., Draper & Draper LLC
      Todd Drucker, JAMS Regional Practice Development Director
      Erin Gleason Alvarez, Esq., Gleason Alvarez ADR
      Elizabeth Shampnoi, Esq., NYC Commission on Human Rights
      Jeffrey Zaino, Esq., American Arbitration Association

      Questions? Contact Sydney Joy.

    • March 5, 2018: Taking The Lead: Winning Strategies and Techniques for Commercial Cases

      TAKING THE LEAD: WINNING STRATEGIES AND TECHNIQUES FOR COMMERCIAL CASES 

      March 5, 2018 
      5:30 p.m. - 8:00 p.m. 

      Ceremonial Courtroom | 500 Pearl Street | New York, NY

      2.0 MCLE Credits: 2.0 Skills

      NYSBA Member: $100 | Non-Member: $200
      Commercial and Federal Litigation Section Member: $50
      Young Lawyers Section Member: $50

      REGISTER NOW

      This program will showcase methods of creating compelling opening and closing statements and direct and cross- examinations of witnesses through a re-enactment of an actual commercial trial. The re-enactment will feature experienced women trial lawyers, including former Section Chairs presided over by  a former federal judge. The trial  will be followed by a  panel discussion and critique by sitting justices who will share their observations, advice, and insights.

      This program promises to be both entertaining and instructive, offering critical trial skills for all litigators at any level of practice.

      Program Moderator: Hon. Shira A. Scheindlin (Ret.)

      Program Chair: Lauren J. Wachtler, Esq. | Phillips Nizer LLP


      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.

    • March 13, 2018: Legal Ethics in the Digital Age 2018 - Live & Webcast

      LEGAL ETHICS IN THE DIGITAL AGE: PRACTICAL STRATEGIES FOR USING TECHNOLOGY ETHICALLY IN YOUR PRACTICE

      CLE Program and Live Webcast
      Tuesday, March 13, 2018 | 9:00 a.m. – 1:00 p.m.

      4.0 MCLE Credits | 4.0 Ethics Credits

      Dentons US LLP
      1221 Avenue of the America | New York, NY 10020-1089

      NYSBA Members: $135.00
      Commercial & Federal Litigation Section Member: $110.00
      Non-Members: $235.00 

      REGISTER NOW 

      *Note: Newly admitted attorneys (less than twenty-four months) can attend the program via webcast to receive New York MCLE credit but the ethics portion must be viewed on the same day of the webcast. 


      The New York State Bar Association Commercial and Federal Litigation Section is pleased to present a MCLE program on Legal Ethics in the Digital Age: Practical Strategies for Using Technology Ethically in Your Practice. Co-sponsored by the Committee on Continuing Legal Educationthe Committee on Technology and the Legal Profession, and the Law Practice Management Committee, this program carries 4.0 credits in ethics and is approved for all attorneys, including those newly admitted. 

      Speakers will cover managing records in the cloud, organizing client files, and the ins and outs of protecting privilege in electronic communications.  A panel discussion on the do's and don'ts of attorney social media use and advice to clients will also be included.

      Register now for this highly anticipated program on ethics, social media, and electronic discovery.  

      Learn more about the other law and technology CLE programs scheduled for March 13 and 14 here


      Agenda
       

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

      9:00 a.m. - 9:10 a.m.


       

      Welcome & Introductions

      Speakers
      Mark A. Berman, Esq. | Ganfer & Shore LLP | Biography
      9:10 a.m. - 10:00 a.m.                       







       

      What Attorney Competence Means When It Comes to Handling Electronically Stored Information

      • What do the New York rules and ethics opinions say about technical competence?
      • What knowledge is required for eDiscovery?
      • What can happen to a lawyer when things go wrong?

      Moderator
      Maura R. Grossman, Esq. | Maura Grossman Law | Biography

      Speakers
      Ronald J. Hedges, Esq. | Dentons US LLP | Biography
      Shawndra G. Jones, Esq. | 
      Hon. Lisa M. Smith | United States District Court for the Southern District of New York | Biography

      10:00 a.m. - 10:50 a.m.

       

       

       


       

      Tips and Tools for Protecting Privilege and Work-Product in Electronic Communications and Publications

      • How does RPC 1.6 Address Confidentiality of Electronic Communications?
      • How does RPC 4.4(b) Address Receipt of Inadvertent Communications?
      • How Might Clawback Agreements and Orders Protect Against Inadvertent Waiver?

      Moderator
      Ronald J. Hedges, Esq. | Dentons US LLP | Biography

      Speakers
      Mark A. Berman, Esq. | Ganfer & Shore LLP | Biography
      Shawndra G. Jones, Esq. | 
      Hon. Lisa Margaret Smith | United States District Court for the Southern District of New York | Biography

      10:50 a.m. - 11:05 a.m.
       
      Refreshment Break
       

      11:05 a.m. - 11:55 a.m. 



       

       


       

      The Do's and Don'ts of Attorney Social Media Use and Advice to Clients: An Overview of the "Rules of the Road"

      • How do the New York advertising rules apply to lawyers' use of social media?
      • What investigation can lawyers undertake on social media and what advice can they give clients about social media use?
      • When might lawyers use social media to investigate jurors?

      Moderator
      Scott L. Malouf, Esq. | Law Office of Scott Malouf | Biography

      Speakers
      Prof. Michael L. Fox, J.D. | Mount Saint Mary College | Biography
      Ignatius A. Grande, Esq. | eDiscovery Consultant | 
      Maura R. Grossman, Esq. | Maura Grossman Law | Biography

      11:55 a.m. - 12:45 p.m.



       

       

       

      Managing Records in the Cloud and Elsewhere: Takeaways for Organizing Your Client Files

      • What due diligence and supervision mean to a lawyer, and how they may be achieved
      • What data security entails, and what might be reasonable steps to secure client data
      • If there is a breach, who must you tell and what else must you do?

      Moderator
      Prof. Michael L. Fox, J.D. | Mount Saint Mary College | Biography

      Speakers
      Ignatius A. Grande, Esq. | eDiscovery Consultant | 
      Shawndra G. Jones, Esq. | 
      Scott L. Malouf, Esq. | Law Office of Scott Malouf | Biography

      12:45 p.m. - 12:50 p.m.


       

      Closing Remarks

      Speakers
      Mark A. Berman, Esq. | Ganfer & Shore LLP | Biography
      12:50 p.m.Adjournment



      NYSBA Members: $135.00
      Commercial & Federal Litigation Section Member: $110.00
      Non-Members: $235.00

      Interested in registering more than one attorney?
      Three or more registrations from the same firm/organization are eligible for our 20% Group Discount.

      REGISTER NOW

    • March 13, 2018: The GDPR and How it Might Affect the Practice of Law in New York: An Overview - Live & Webcast

      THE GDPR AND HOW IT MIGHT AFFECT THE PRACTICE OF LAW IN NEW YORK: AN OVERVIEW

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

      Tuesday, March 13, 2018
      2:00 p.m. - 4:00 p.m.
      Live CLE Program & Webcast

      Dentons
      1221 6th Avenue
      New York, NY 10020

      2.0 MCLE Credits: 2.0 Professional Practice

      NYSBA Member: $50 | Non-Member: $150
      Section Member: $25

      REGISTER NOW

      Learn More About The GDPR and How it Might Affect the Practice of Law in New York: An Overview

      Agenda Topics

      • What is the General Data Protection Regulation (“GDPR”)?
      • How the GDPR May Affect New York Attorneys
      • What New York Attorneys Should Do To Prepare for the GDPR
      • Privacy Issues and the GDPR
      • Implications of the GDPR on Employment Law and Human Resources

      Program Chair
      Ronald J. Hedges, Esq. | Dentons LLP | New York, NY 

      Program Faculty 
      Todd D. Daubert, Esq. | Dentons LLP | Washington, D.C.
      Gail L. Gottehrer, Esq. | Akerman LLP | New York, NY 

      Learn more about the other law and technology CLE programs scheduled for March 13 and 14 here.


      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.

    • March 14, 2018: Autonomous & Connected Vehicles - Live & Webcast

      AUTONOMOUS & CONNECTED VEHICLES: EVIDENTIARY ISSUES AROUND THE CORNER

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

      Wednesday, March 14, 2018
      9:00 a.m. - 1:00 p.m.
      Live CLE Program & Webcast

      Dentons
      1221 6th Avenue
      New York, NY 10020

      4.0 MCLE Credits: 4.0 Professional Practice

      NYSBA Member: $135 | Non-Member: $235
      Commercial & Federal Litigation Section Member: $110


      REGISTER NOW

      Program Co-Chairs
      Gail L. Gottehrer, Esq. | Akerman LLP | New York City
      Ronald J. Hedges, Esq. | Dentons US LLP | New York City

      While there is debate over when autonomous vehicles will become mainstream, they are street legal in some places in the U.S. now and are being tested in numerous states across the country.  This program will examine the legal issues surrounding autonomous vehicles, including the types of data they collect and its use in litigation, liability for accidents involving autonomous vehicles, the applicability of different types of insurance for vehicles as they get closer to Level 5 autonomy, regulation of autonomous vehicles at the state and federal level, the role of autonomous vehicles in smart cities, and cybersecurity concerns related to autonomous vehicles.

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

      9:00 – 9:10 a.m.         
      Welcome and Introductions

      9:10 – 10:00 a.m.
      Data

      • How autonomous vehicles work
      • Data collected by autonomous vehicles
      • Use of data in civil and criminal actions

      1.0 MCLE Credit in Professional Practice

      10:00 – 10:50 a.m.
      Liability

      • Who is responsible for an accident involving an autonomous vehicle?
      • Insurance issues at autonomy Levels 3, 4 and 5
      • Tesla fatality and other liability issues

      1.0 MCLE Credit in Professional Practice

      10:50 a.m. – 11:10 a.m.
      Break

      11:10 a.m. – 12:00 p.m.
      Regulation

      • Federal legislation
      • State legislation
      • Federal agency regulation

      1.0 MCLE Credit in Professional Practice

      12:00 p.m. – 12:50 p.m.                     
      Cybersecurity

      • Concerns about hacking autonomous vehicles
      • Class actions related to alleged vulnerabilities of autonomous vehicles
      • Role of autonomous vehicles in smart cities and security implications

      1.0 MCLE Credit in Professional Practice

      12:50 p.m.
      Adjournment

      4.0 MCLE credits  

      Learn more about the other law and technology CLE programs scheduled for March 13 and 14 here.


      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.

    • March 14, 2018: Intro to Discovery & Use of Electronic Info - Live & Webcast

      INTRODUCTION TO DISCOVERY AND USE OF ELECTRONIC INFORMATION 

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

      Wednesday, March 14, 2018
      2:00 p.m. - 5:00 p.m.
      Live CLE Program & Webcast

      Dentons
      1221 6th Avenue
      New York, NY 10020

      3.0 MCLE Credits: 3.0 Skills

      NYSBA Member: $95 | Non-Member: $195
      Commercial & Federal Litigation Section Member: $75

      REGISTER NOW

      Agenda Topics

      2:00 p.m.   Introductions
      2:05 p.m.   Part 1

      • Overview of Governing Federal and State Rules
      • The Duty to Preserve
      • Search and Production
      • Protection of Attorney-Client Privilege and Work Product

      3:20 p.m.   Break
      3:25 p.m.   Part 2

      • Discovery from Non-Parties
      • Discovery of Social Media
      • Sanctions
      • Admissibility

      4:50 p.m.   Q&A 
      5:00 p.m.   Adjournment

      Program Chair
      Ronald J. Hedges, Esq. | Dentons LLP | New York, NY 

      Program Faculty 
      Hon. Timothy Sean Driscoll | Nassau County Commercial Division, NYS Supreme Court | Mineola, NY
      Gail Gottehrer, Esq. | Akerman LLP | New York, NY
      Shawndra G. Jones, Esq. | Epstein Becker Green | New York, NY

      Learn more about the other law and technology CLE programs scheduled for March 13 and 14 here.


      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.

    • Save the Date! March 22, 2018: The Litigative DNA - The Underutilization of Mediation in New York and What Can Be Done About It

      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

      March 22, 2018 | 8:30 a.m. - 600 p.m.

      Fordham University School of Law
      150 West 62nd Street
      New York, NY 10023

      7.0 MCLE Credits: 1.0 Ethics; 6.0 Professional Practice

      Agenda:

      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 Further the Use of Mediation in the New York Courts: The Ethical Imperative
      1.0 MCLE Credit in Ethics

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

      10:30-11:30 a.m.  
      Levels of Use of Mediation in Various Court Systems and Reasons for the Differences
      1.0 MCLE Credit in Professional Practice  

      11:30 a.m.-12:30 p.m.
      Levels of Use of Mediation by Private Providers and Reasons There is Not a Greater Level of Use
      1.0 MCLE Credit in Professional Practice  

      12:30-1:45 p.m.
      Lunch  

      1:45-2:15 p.m. 
      Keynote Address

      2:15-4:00 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
      2.0 MCLE Credits in Professional Practice  

      4:00-4:15 p.m.
      Break  

      4:15-5:30 p.m. 
      The Future of Mediation in New York
      1.5 MCLE Credits in Professional Practice  

      5:30-6:00 p.m.  
      What Is To Be Done---A Closing Dialogue among the Current and Two Recent NYSBA Presidents  

      0.5 MCLE Credit in Professional Practice  

      6:00 p.m.
      ADJOURN  

      For more information please contact Sydney Joy or Beth Gould

    • Save the Date! April 10, 2018: Smooth Moves

      SMOOTH MOVES: CAREER STRATEGIES FOR ATTORNEYS OF COLOR

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

      Tuesday, April 10, 2018
      5:00
      Live Program 

      The Stanley H. Kaplan Penthouse
      70 Lincoln Center Plaza

      165 West 65th Street, 10th Floor
      New York, NY 10023

      1.5 MCLE Credits: 1.5 Diversity, Inclusion, and Elimination of Bias Credits

      REGISTER NOW

      This event is complimentary to all who attend, but capacity is limited so registration is required.


      4:30 - 5:00 p.m. Registration (this event is complimentary to attend but registration is required).

      5:00 p.m. - 6:30 p.m. Strengthening the Rule of Law by Fighting Discrimination

      Freedom from discrimination is a fundamental right, at the heart of a Rule of Law society.  As America historically has promoted Rule of Law principles in other countries – to ensure political stability, economic growth, positive public health outcomes and more --the fairness of our own society is still very much a work in progress.   This year’s Smooth Moves CLE program will focus on how diverse and their allies can partner to fight discrimination, and improve our adherence to the Rule of Law in three key areas:  effective enforcement of laws that ensure equal protection; freedom from discrimination and bias in our civil justice system; and the fairness of our criminal justice system.    

      Panelists: TBA

      6:00 p.m. - 8:00 p.m. Presentation of the Section’s Hon. George Bundy Smith Pioneer Award to Hon. Eric H. Holder, Jr., 82nd Attorney General of the United States 

      Additional details coming soon.

      REGISTER NOW

      This event is complimentary to all who attend, but capacity is limited so registration is required.

    • April Ethics and Civility - 5 Locations

      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

       

    • April 25, 2018: Resolving E-Discovery Disputes Efficiently in Arbitration and in Court

      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.

      Monday, 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.


    • Save the Date: May 4-6, 2018 Spring Meeting

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

      Join your colleagues for the weekend in Bolton Landing, NY!

      Nestled among the timeless beauty of the Adirondacks, the Sagamore Resort has welcomed guests to the shores of Bolton Landing for over a century. The resort on Lake George is poised on the southern end of Green Island with captivating views and year-round activities that embrace the natural splendor of the Adirondacks. 

      Breathe in the fresh mountain air on a scenic hike. Enjoy fishing right from their dock or tee off on the Donald Ross-designed 18-hole golf course. Savor the culinary artistry of their award-winning restaurants and lounges. From swimming and tennis to sumptuous spa treatments, this Lake George resort invites you to discover the allure of the Adirondacks at your own pace.

      Join your colleagues this weekend at this family-friendly resort to earn some CLE credits, network and enjoy the beautiful Adirondack mountains and lake. 

      Save the Date and look for more information next Spring.

  • Recent News & Events

    Recent Report Issued: Proposal to Mitigate Risk Associated with Inadvertent Privilege Waiver During Disclosure



    STATE BAR ASSOCIATION ADOPTS REPORT ON GENDER DISPARITY IN THE COURTROOM, COMMEMORATES WOMEN’S SUFFRAGE CENTENNIAL

    The New York State Bar Association’s House of Delegates has approved a report that determined women attorneys remain considerably underrepresented in courtrooms across the state as well as in Alternative Dispute Resolution (ADR). The report entitled “If Not Now, When? Achieving Equality for Women Attorneys in the Courtroom and in ADR,” was compiled by the Commercial & Federal Litigation Section’s Task Force on Women’s Initiatives.

    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, 2016 to Dec. 31, 2016. The New York Court of Appeals, the Second Circuit Court of Appeals, two of the four federal district courts, all four appellate divisions as well as commercial divisions in supreme courts in counties from Suffolk to Onondaga and Erie participated. Three of the leading ADR providers in the state also participated. Approximately 2,800 questionnaires were completed and returned by judges in participating courts.

    “We recognize that more can and should be done to ensure that women and diverse voices are heard and are taking an active part in the judicial and dispute resolution process,” said Past President of the State Bar Association Bernice K. Leber of New York City (Arent Fox), a co-chair of the Task Force.

    “All lawyers and especially women lawyers should have the same chance to speak in court, conduct arbitrations, mediations, and serve as neutrals, as others have enjoyed,” continued Leber. “These are issues of fundamental fairness in our profession.”

    Other task force co-chairs are: 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 (Mitchell, Silberberg & Knupp). All are former chairs of the Commercial & Federal Litigation Section.

    State Bar President Sharon Stern Gerstman plans to present the report to the American Bar Association’s House of Delegates at its next meeting in February to urge their adoption as its official policy.
    The adoption of the report comes as New York celebrates its suffrage centennial when women won the right to vote Nov. 6, 1917. In honor, the Association’s Committee on Women in the Law has unveiled its exhibition at the State Bar Center entitled “A Centennial Commemoration of Women’s Suffrage and the Achievement of Legal Rights.”

    Additionally, the New York Bar Foundation, the charitable arm of the State Bar Association, has unveiled its portrait of the late Chief Judge Judith S. Kaye. In 1983, Kaye became the first woman to serve on the state’s Court of Appeals. A decade later, she was named Chief Judge. The portrait will hang prominently in the State Bar Center’s Great Hall.
    For a link to the report, as well as the suffrage exhibition and Kaye portrait, please visit http://www.nysba.org/womeninthelawny/.

    LEGAL AID SOCIETY CHIEF SEYMOUR W. JAMES, JR. HONORED BY NYS BAR ASSOCIATION FOR DISTINGUISHED PUBLIC SERVICE

    Seymour W. James, Jr., attorney-in-chief of The Legal Aid Society in New York City, has been recognized with the 2017 Robert L. Haig Award, given by the Commercial and Federal Litigation Section of the New York State Bar Association.

    James heads the nation’s oldest and largest not-for-profit legal services organization, which annually handles 300,000 individual cases and matters. James was first hired by the Legal Aid Society in 1974 and has held various supervisory positions within the organization. He was the first attorney of color appointed as the attorney-in-charge of its criminal practice, the largest public defender group in the country and the main provider of indigent defense in New York City.

    “Mr. James has devoted his life to equal justice and his entire legal career of more than 40 years to ensuring that underserved New Yorkers receive high quality representation,” said Mark Berman of New York City (Ganfer & Shore), chair of the Commercial and Federal Litigation Section. “He is a model for our younger generation of attorneys.”
    James served as president of the New York State Bar Association in 2012-13 and has been active in the State Bar since 1978, including three terms as treasurer and as the vice president for the 11th district. His other activities have included serving on the state Permanent Sentencing Commission, the Moreland Commission to Investigate Public Corruption, the Departmental Disciplinary Committee for the First Judicial Department, and the Committee on Character and Fitness for the Second Judicial Department.

    The Robert L. Haig Award is given each year to a long-standing member of the legal profession who has rendered distinguished public service. Haig, a litigator at Kelley Drye in New York City, was the founder and first chair of the Association’s Commercial and Federal Litigation Section.

    Tracee E. Davis of New York City (Zeichner, Ellman & Krause), a past section chair, presented the award to James during the section’s Spring meeting in Saratoga Springs May 20.

    NYS BAR'S COMMERCIAL AND FEDERAL LITIGATION SECTION RELEASES UPDATED SOCIAL MEDIA GUIDELINES FOR ATTORNEYS

    As the use of social media by attorneys and clients continues to grow, so do the ethics issues facing lawyers. In response, the Commercial and Federal Litigation Section of the New York State Bar Association has updated its Social Media Ethics Guidelines to assist lawyers in understanding these social media challenges.
    “Whether you are a litigator, transactional attorney, in-house counsel or attorney who uses social media to communicate, blog, or solicit business, you should know the risks and benefits of social media use,” said Mark Berman (Ganfer & Shore), chair of the Commercial and Federal Litigation Section. “The latest edition of the Guidelines continues to lead the New York State Bar Association efforts in this regard.”

    First issued in 2014, the third edition of the Guidelines follows the structure of its predecessors, and contains new guidance on attorney advertising, responding to online reviews, and potential conflicts regarding an attorney’s social media posts.

    The new edition reflects and references, both in revised text and footnotes, developments in case law and ethics opinions from around the country. The latest version also aims to help lawyers by providing a new appendix of key social media terms and descriptions of popular social media platforms.

    This updated version of the Guidelines is the first since 2015. The section’s original 2014 version received national recognition and has been cited in ethics opinions of other bar associations. The section’s Social Media Committee is co-chaired by Ronald J. Hedges (Dentons) and Ignatius Grande (Hughes Hubbard & Reed).

    “The original intent of our committee in issuing these Guidelines was to make it easier for attorneys to comply with the various ethics opinions, which have been issued over the past 10
    years addressing social media,” said Grande. “We are proud of the impact that the Guidelines have had not just in New York, but throughout the country.”
    The Guidelines, which are advisory, are available at www.nysba.org/SocialMediaGuidelines17.

    EXECUTIVE COMMITTEE MEETING Minutes 

    December 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017

    Join the Section!

  • Section Publications

    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.
    Read Now>

    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.
    Read Now>

  • Commercial Division Video

    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