Sections & Committees

Commercial and Federal Litigation Section

New York City | 6:00 p.m. - 8:30 p.m. | Thursday, September 20, 2018
Dentons | 1221 Sixth Avenue | New York, NY

For more information Click Here

To register for this program please visit or contact the NYSBA Member Resource Center at 800-582-2452.


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.

Thursday, October 4, 2018
5:30 p.m. - 7:30 p.m.
Live CLE Program 

Maurice A. Deane School of Law at Hofstra University
Room 205
121 Hofstra University
Hempstead, NY 11549


Social media networks such as LinkedIn, Twitter and Facebook are indispensable tools used by legal professionals and those with whom they communicate. Particularly, in conjunction with the increased use of mobile technologies in the legal profession, social media platforms have transformed the ways in which lawyers communicate.  As use of social media by lawyers and clients continues to grow and as social media networks proliferate and become more sophisticated, so too do the ethical and litigation issues facing lawyers. Preservation, collection and production of social media are critical to a litigator's toolkit, and this CLE include a robust discussion of these issues.  The program will also address disciplinary complaints based on an attorneys’ improper use of digital information.  The updated 2017 version of the Social Media Ethics Guidelines authored by the Commercial and Federal Litigation Section of the New York State Bar Association will serve as the foundation of the program.

1.5 MCLE Credits: 1.5 Ethics

NYSBA Member: $50 | Non-Member: $75

Section Member: $25

Program Topics

  1. Attorney Competence
  2. Preservation, Collection and Preservation of Social Media
  3. Review and Use of Evidence from Social Media
  4. Attorney Advertising
  5. Furnishing Legal Advice through Social Media
  6. Researching Jurors and Reporting Juror Misconduct
  7. Violation of Ethical Rules:  Social Media and the Disciplinary Process

Program Faculty

Mark A. Berman, Esq., Ganfer & Shore, LLP

Michael Cardello, III, Esq., Moritt Hock & Hamroff LLP

Kathryn Carney Cole, Esq., Farrell Fritz, P.C.

Hon. Randall T. Eng (Ret.), Meyer, Suozzi, English & Klein, P.C.

Hon. Steven I. Locke, United States District Court, E.D.N.Y.

Prof. Ellen Yaroshefsky, Maurice A. Deane School of Law at Hofstra University


Technology and the Commercial Division
Monday, October 15, 2018
12:15-2:00 p.m. (lunch and registration at 11:30 a.m.)
Monroe County Bar Association Center for Education
The Rubin Center for Education 
One West Main Street, 5th Floor
Rochester, NY

For more information and to register, Click Here

Mediation Choices for Effective Representation and Advocacy
Monday, October 29th | 9:00 a.m. - 6:00 p.m. | Live Program
New York Law School | 185 West Broadway | NYC

For more information, Click Here

Streamlining Litigation: Views from the Bench in Upstate New York

In 2012, the New York State Bar Association presented “Streamlining Litigation - Views from the Bench in Upstate New York.” Based on the program’s popularity and the increasingly complexity of applicable rules, legislation, and court decisions, this program will serve as an update to the 2012 program. This program presents a unique and valuable opportunity to engage in dialogue with a panel of federal and state court judges from Upstate New York. The panel will discuss litigation (with a focus on commercial litigation) and ways in which knowledge of the local and/or commercial rules and the preferences of the local bench can help make the process more efficient and more cost-effective. Discovery, motion practice, case management, alternative dispute resolution, and other related topics will be discussed. All judges and location participants will be connected via live interactive video feed.  

This program will be simultaneously presented on Wednesday, November 28, 2018 at Bond Schoeneck & King's offices in Buffalo, Rochester, and Syracuse.  Register to attend at one of the three locations!

Buffalo: Bond, Schoeneck & King PLLC, 200 Delaware Avenue, Suite 900, Buffalo, NY 14202

Rochester: Bond, Schoeneck & King PLLC, 350 Linden Oaks, Third Floor, Rochester, NY 14625

Syracuse: Bond, Schoeneck & King PLLC, One Lincoln Center, 110 West Fayette Street, Syracuse, NY 13202

Sponsored by the Committee on Continuing Legal Education and the Commercial & Federal Litigation Section of the New York State Bar Association, and by the Monroe County Bar Association Young Lawyers' Section.

Wednesday, November 28, 2018
4:00 p.m. - 6:00 p.m.
Registration begins at 3:30 p.m.

2.0 MCLE Credits: 2.0 Areas of Professional Practice

NYSBA Member: $75 | Non-Member: $100
Commercial & Federal Litigation Section Member: $50

For details or to register,


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.


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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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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: