Commercial and Federal Litigation Section

  • Smooth Moves
    Smooth Moves 2017: Career Strategies for Attorneys of Color Monday, April 24, 2017 | Lincoln Center for the Performing Arts
  • Bench Bar 2
    Join Program of the Commercial and Federal Litigation Section and The Dispute Resolution Section March 13, 2017
  • CLE Programs and Events
    • February 28, 2017: Electronic Information in Criminal Cases

      The Cardozo Data Law Initiative and the Commercial & Federal Litigation Section of the New York State Bar Association present:

      ELECTRONIC INFORMATION IN CRIMINAL CASES

      Tuesday, February 28, 2017

      4:00 pm – 5:30 pm | Reception to follow

      Benjamin N. Cardozo School of Law
      Jacob Burns Moot Court Room
      55 Fifth Avenue
      New York, NY 10003

      1.5 NY CLE credits in Areas of Professional Practice


      RSVP

      Electronically-stored information, or ESI, is becoming as important in criminal cases as it is in civil litigation. Join us at Cardozo Law School on February 28, 2017, as our distinguished panelists explore this common and increasing feature of criminal investigations and prosecutions. Electronic information raises issues involving the Warrant and Particularity requirements of the Fourth Amendment, the third-party doctrine, and corresponding protections under New York law. Compelling access to encrypted electronic information presents issues of self-incrimination. Electronic information also leads to disputes about preservation and spoliation by law enforcement and “cooperation” during discovery and about admissibility. Key cases on these issues have been coming down almost monthly. Come hear about the latest developments in this fast-changing area of law.

      Panelists:

      Jed Davis, Partner at Day Pitney LLP
      Ronald J. Hedges, Senior Counsel at Dentons US LLP
      Benjamin E. Rosenberg, Partner at Dechert LLP

    • March 13, 2017: Joint Commercial and Federal Litigation Section and Dispute Resolution Section program held at Fordham Law School

      New York State Bar Association Joint Program of Commercial and Federal Litigation Section And Dispute Resolution Section

      Cross-Fertilization of Best Practices Recommendations by ComFed and the DR Section for Improving Dispute Resolution in the Courts and in Arbitration


      Fordham Law School
      | Costantino RM 2-02 | 150 W 62nd St | New York, NY 10023

      March 13, 2017

      7.5 CLE credits in professional practice, this program qualifies for newly admitted attorneys.

      REGISTER NOW

      Agenda:

      8:00-9:00 a.m. - Registration and Continental Breakfast

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

      Speakers: Charles J. Moxley, Jr., Program Co-Chair, Jeffrey T. Zaino, Program Co-Chair and Dean John D. Feerick

      9:15-10:55 a.m. - What the Litigation World Has Been Doing to Improve the Courts—and What the Arbitration World Can Learn from Those Effort
      This Panel will focus on a discussion of recent reports of ComFed and of the State Bar generally on how to improve the administration of justice in the courts—and then will focus on a discussion about what the arbitration world can learn from these efforts in order to improve the administration of justice in arbitration.
      Moderator: 
      Charles J. Moxley, Jr.
      ComFed Presenters: Jonathan D. Lupkin,   Paul D. Sarkozi, David H. Tennant  
      DR Section Commentators:
      William L.D. Barrett, Sasha Carbone, Abigail Pessen

      10:55-11:05 a.m. - Break

      11:05-12:45 p.m. - What the Arbitration World Has Been Doing to Improve Arbitration—and What the Courts Can Learn from Those Efforts
      This panel will focus on the flip side of panel 1:  It will present a discussion of the various reports and efforts of the Dispute Resolution Section and of other parts of the arbitration world to improve commercial arbitration and particularly to make it more expeditious and economical—and then will turn to the subject of what the courts can learn from these efforts by the arbitration world to aid the courts to improve the handling of individual cases in the courts.
      Moderator: Jeffrey T. Zaino
      DR Section Presenters: Hon. Ariel E. Belen (Ret., JAMS),  Edna Sussman, John H. Wilkinson     
      ComFed Commentators: Steven C. Bennett, Ignatius Grande, James M. Wicks

      12:45-1:40 p.m. - LUNCH

      1:45-3:00 p.m.- Electronic Discovery—The Current State of Play as to the Scope of Electronic Discovery in the Courts and in Arbitration: What the Rules Say and What is Actually Happening
      This panel will focus on the current rules as to electronic discovery, as applied in the courts and in arbitration.  The particular focus will be on both the rules themselves and how they tend to be applied in the courts and in arbitration generally.
      Moderator: Steven Skulnik
      ComFed Presenters:   Maura R. Grossman, Hon. Shira A. Scheindlin (Ret.), Hon. Ira B. Warshawsky (Ret.)                                                   
      DR Section Presenters:
      Sherman W. Kahn, Daniel F. Kolb, Richard L. Mattiaccio

      3:00-3:15 a.m. -Break

      3:15-4:15 p.m. - Search for a Solution—How the Arbitration World and the Courts Can Keep ESI Within the Limits of Proportionality, Efficiency and Economy
      This panel will take the discussion of Panel 3 one step further:  It will involve a discussion not only of how electronic discovery is handled today in the courts and in arbitration, but also of how we can improve the handling of such discovery, both in the courts and in arbitration, in order to deliver more expeditious and economical justice in both forums.
      Moderator: Charles J. Moxley, Jr.
      Speakers: Hon. Carolyn E. Demarest (Ret.), Hon. Ron J. Hedges (Ret.), Hon. Frank Maas (Ret.), Carla Miller, Aníbal Martin Sabater

      4:15-5:15 p.m. - What the Institutions Can Do to Foster the Objective of Expeditious and Economical Dispute Resolution in Arbitration and in the Courts
      This panel will attempt to pull together the entire day’s discussion, from the perspective of arbitration providers and the courts, as to what steps can be taken by those institutions to improve the administration of justice in commercial cases in both types of forums.
      Moderator: Rekha Rangachari
      Speakers: Rocío Digón, Helena Tavares Erickson, Clara Flebus, Luis M. Martinez, Matthew York

      5:15-5:45 p.m. Closing Comments/Final Wrap-Up

      Moderator: Gregory K. Arenson
      Speakers:
      Rekha Rangachari, Program Co-Chair and Steven Skulnik, Program Co-Chair, Mark C. Zauderer

      5:45-7:00 p.m. Wine and Cheese Reception  

    • Implications of Immigration Law and Policy Changes within the First 100 Days of the Trump Administration and a Call to Action

      IMPLICATIONS OF IMMIGRATION LAW AND POLICY CHANGES WITHIN THE FIRST 100 DAYS OF THE TRUMP ADMINISTRATION AND A CALL TO ACTION

      Wednesday, March 22, 2017
      12:00 PM - 2:00 PM 

      Fragomen, Del Rey, Bernsen & Loewy, LLP
      7 Hanover Square, New York, NY 10004

      Special NYSBA Member Rate $50

      CLE Live Program and Webcast

      Sponsored by the Commercial and Federal Litigation Section, the Committee on Immigration Representation and the Committee on Continuing Legal Education of the New York State Bar Association  
       
      2.0 MCLE Credits: 2.0 credits in areas of professional practice This program is transitional and is approved for all attorneys, including those newly admitted.

      Not Able to Attend in Person? A Live Webcast Option is Available

      REGISTER NOW


      Program Description
      During the Presidential campaign and post-election, President Donald J. Trump indicated that he would implement significant changes in U.S. immigration law centered on an “America First” platform. On January 25th and 27th, the President signed three executive orders “Enhancing Public Safety in the Interior of the United States,” “Border Security and Immigration Enforcement Improvements” and “Protecting the Nation from Foreign Terrorist Entry into the United States.” These executive orders make sweeping immigration policy changes at the border, in the interior and temporarily halts the international refugee program for 120 days, indefinitely suspends the entry of Syrian refugees, and bars the entry of nationals from Syria, Somalia, Sudan, Iraq, Iran, Libya and Yemen for 90 days and until those countries abide by certain conditions. The executive orders led to litigation in several federal district courts nationwide.

      This panel will address a few of these sweeping immigration changes, what other changes might be expected on the horizon, how implementation might impact immigrants and corporations, and in what capacity the legal profession may need to meet the needs of immigrants and corporate clients traversing a rapidly developing new immigration landscape. The panel will also discuss efforts by legal services providers and the private bar to meet this new environment.

      Panelists
      Jojo Annobil, Esq. | Immigrant Justice Corps | New York, NY | Biography
      Sophia Goring-Piard, Esq. | Fragomen, Del Ray, Bernsen & Loewy, LLP | New York, NY | Biography
      Joanne Macri, Esq. | Director of Regional Initiatives, State of New York Office of Indigent Legal Services | Albany, NY | Biography
      Kyle Sommer, Esq. | Fragomen, Del Ray, Bernsen & Loewy, LLP | New York, NY | Biography

      Agenda
        
       11:30 a.m. - 12:00 p.m.
      Registration
       12:00 p.m. - 12:20 p.m.
      Welcome & Introductions
       12:20 p.m. - 1:10 p.m.




                                                                                                


      Three Major Highlights
      • America First Platform and Possible Impact to NAFTA and various non-immigrant work authorization categories
      • Increased Immigration Enforcement (employer site visits and I-9 audits, criminal justice and public benefit referrals, issues of inadmissibility to the U.S., NSEERS and removal proceedings)
      • Government processing (possible delays in visa petition adjudications and visa applications)
      1.0 Professional Practice MCLE Credit
       1:10 p.m. - 2:00 p.m.




      Responding to the Needs of Immigrants for Legal Representation throughout the State of New York in the Face of Drastic Immigration Changes - A Private and Public Bar Partnership

      1.0 Professional Practice MCLE Credit
       2:00 p.m.

      Adjournment



      Program Co-Sponsors
      Commercial and Federal Litigation Section
      Committee on Immigration Representation
      Committee on Continuing Legal Education
       
      Interested in registering more than one attorney?
      Three or more registrations from the same firm/organization are eligible for our 20% Group Discount
       
      NYSBA Members: $50 | Non Members: $150

      Note: Pre-registration required.  Registrations cancelled less than three days from the program date will be assessed a cancellation fee of $25.00.

    • March 30, 2017: Legal Ethics in the Digital Age: Practical Strategies for Using Technology Ethically in Your Practice

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

      March 30, 2017
      9:00 a.m. to 1:00 p.m. 
      Executive Conference Center | 1601 Broadway | NYC

      CLE Program and Live Webcast  

      Renowned speakers on ethics, social media and electronic discovery. Learn the ins and outs of protecting privilege in electronic communications. Speakers will also cover managing records in the cloud and organizing client fi les. A panel discussion on the do’s and don’ts of attorney social media use and advice to clients. 4.0 MCLE Credits in Ethics. 

      Co-Sponsored by the Commercial and Federal Litigation Section, the Committee on Continuing Legal Education and the Law Practice Management Committee.

    • Smooth Moves 2017

      SMOOTH MOVES 2017: CAREER STRATEGIES FOR ATTORNEYS OF COLOR 

      Monday, April 24, 2017

      5:00 p.m. - 8:00 p.m. 

      Lincoln Center for the Performing Arts | Kaplan Penthouse, The Rose Building

      165 W. 65th Street, 10th Floor | New York City

      REGISTER ONLINE TODAY 

      The evening will begin with the CLE Program -- Diversity Works: The Business Case For Aligning Law Firm Diversity Initiatives With Client Supplier Goals, a thought-provoking discussion among law firm Chief Diversity Officers and diverse General Counsel, or high-level legal executives, from major corporations with forward-thinking employee and vendor diversity initiatives.  The panelists will identify synergistic ways for corporate legal departments and law firms to work together in order to meaningfully improve diversity within the legal profession.
       

      Moderator: David B. Wilkins, Lester Kissel Professor of Law, and Faculty Director of the Center on the Legal Profession at Harvard Law School; Author of “Why Global Law Firms Should Care about Diversity: Five Lessons from the American Experience”

      Confirmed Panelists:

      Horacio Gutierrez, Esq., General Counsel, Spotify Inc.
      Rosevelie Marquez Morales, Esq.
      , East Coast Diversity Director, Sidley Austin LLP

      Following the CLE there will be a networking reception and award presentation: 
      • Presentation of the Section’s Hon. George Bundy Smith Pioneer Award to Hon. Jeh Johnson, Paul Weiss LLP and Former Secretary of the U.S. Department of Homeland Security (2013-2017) by Hon. Colleen McMahon, Chief Judge, U.S. District Court for the Southern District of New York
      • Presentation of the Section’s Minority 1L Law Student Summer Fellowship

      REGISTER ONLINE TODAY

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

      For more information and to sponsor this program Contact: Beth Gould

    • April 2017: Basic Lessons on Ethics and Civility 2017

      PROGRAM LOCATIONS & DIRECTIONS

      Wednesday, April 5, 2017 | CUNY Graduate Center
      365 Fifth Avenue | New York, NY 10016 | Live & Webcast

      Friday, April 7, 2017 
      | New York State Bar Association
      1 Elk Street | Albany, NY 12207

      Friday, April 7, 2017 | RIT Inn & Conference Center
      5257 Henrietta Road | Rochester, NY 14467

      Friday, April 28, 2017 Hyatt Place Buffalo/Amherst
      5020 Main Street | Amherst, NY 14226

      Friday, April 28, 2017 Melville Marriott
      1350 Walt Whitman Road | Melville, L.I., NY 11747

      4.0 MCLE Credits: 4.0 Ethics

      Not Able to Attend in Person?
      A Live Webcast Option is Available: Wednesday, April 5, 2017*

      If you cannot watch the webcast at the scheduled time and date, the recording will be available to you to access after the presentation date for a 60 day period enabling you to watch on your schedule and earn your MCLE credits.
       *Note: Newly admitted attorneys registered for the webcast must watch the Ethics segment in real-time in order to earn credit.

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


      Overall Program Chair:
      Vincent J. Syracuse, Esq. | Tannenbaum Helpern Syracuse & Hirschtritt LLP | NYC

      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 law 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 the uncivil adversary and civility issues within the law firm. The program concludes 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.

      Don't miss this opportunity to obtain 4 MCLE Ethics credits at this lively and thought-provoking program, which is annually one of NYSBA's best attended CLE seminars.

      Program Agenda:
      8:30 a.m. - 9:00 a.m. Registration
      9:00 a.m. - 9:10 a.m. Welcome & Introduction
      9:10 a.m. - 10:00 a.m. What's New for 2017 on Ethics?
      10:00 a.m. – 10:50 a.m. Civility in Everyday Lawyering: What are the Basic Lessons to be Learned
      10:50 a.m. – 11:00 a.m. Refreshment Break
      11:00 a.m. – 1:00 p.m. Colloquium on Ethics and Civility
      1:00 p.m. Adjournment

      Program Faculty:
      New York City Session
      Panel:
      Local Chair - Vincent J. Syracuse, Esq. | Tannenbaum Helpern Syracuse & Hirschtritt LLP | NYC
      Hon. Tanya R. Kennedy
       | New York State Supreme Court, County of New York | NYC
      Danielle C. Lesser, Esq. | Morrison Cohen LLP | NYC
      Hal R. Lieberman, Esq.
       | Emery Celli Brinckerhoff & Abady LLP | NYC
      Hon. Jeffrey K. Oing | New York State Supreme Court, County of New York | NYC
      Victor J. Rocco, Esq. | Herrick Feinstein LLP | NYC
      Jamie B.W. Stecher, Esq. | Tannenbaum Helpern Syracuse & Hirschtritt LLP | NYC
      Mark C. Zauderer, Esq. | Flemming Zulack Williamson Zauderer LLP | NYC

      Albany Session
      Panel:
      Local Chair - Scott N. Fein, Esq. | Whiteman Osterman & Hanna LLP | Albany 
      Hon. Mae D’Agostino | United States District Court, Northern District of New York | Albany
      Bruce D. Feldman, Esq. | NYS Office of the Attorney General | Albany
      E. Stewart Jones, Esq. | E. Stewart Jones Hacker Murphy | Albany
      Michael J. Murphy, Esq. | Carter, Conboy, Case, Blackmore, Maloney & Laird, P.C. | Albany
      Robert T. Schofield, Esq. | Whiteman Osterman & Hanna LLP | Albany

      Rochester Session
      Panel:
      Local Chair - David H. Tennant, Esq., Nixon Peabody LLP, Rochester
      Hon. Frank P. Geraci, Jr. | United States District Court, Western District of New York | Rochester
      Curtis A. Johnson, Esq. | Bond, Schoeneck & King PLLC | Rochester
      Hon. Erin M. Peradotto | New York State Supreme Court, Appellate Division, Fourth Department | Rochester
      Andrea Tomaino, Esq. | New York State Supreme Court, Appellate Division, Fourth Department | Rochester

      Buffalo Session
      Panel:
      Local Chair - David G. Brock, Esq., Kavinoky Cook, LLP, Buffalo
      Howard B. Cohen, Esq. | Gross Shuman Brizdle & Gilfillan, P.C. | Buffalo
      Guy C. Giancarlo, Esq. | New York State Supreme Court, Appellate Division, Fourth Department | Buffalo
      Hon. Erin M. Peradotto | New York State Supreme Court, Appellate Division, Fourth Department | Rochester
      Leonard D. Zaccagnino, Esq. | Shaw & Shaw, P.C. | Hamburg

      Long Island Session
      Panel:
      Local Chair - John M. Brickman, Esq. | McLaughlin & Stern LLP | NYC
      Hon. Leonard B. Austin | New York State Supreme Court, Appellate Division, Second Department | Mineola
      Andrew J. Luskin, Esq. | McLaughlin & Stern LLP | Great Neck
      Chris McDonough, Esq. | McDonough & McDonough LLP | Garden City
      David M. Wirtz, Esq. | Littler Mendelson P.C. | NYC

      What 2016 Attendees Said:
      >“One of the best CLE programs I have ever attended!”
      >“Great program and knowledgeable panel”
      >“Colloquium was excellent!”
      >“Excellent format, lecture and panel!”
      >“This 4-point ethics program is great!”


      Program Co-Sponsors:
      Commercial and Federal Litigation Section
      Torts, Insurance and Compensation Law Section
      Committee on Continuing Legal Education
      Committee on Attorney Professionalism


      NYSBA Members: $135
      Commercial and Federal Litigation Section Members
      $114.75
      Newly Admitted Attorney: $110
      Non Members: $235

      Stay informed.  Be the first to hear about the latest course offerings. Follow NYSBA CLE on Twitter |  www.twitter.com/NYSBACLE.
      To view the full list of CLE Programs, click here.

      Pre-registration Strongly Advised: You can save money and guarantee your seat and course materials by registering early. Registrations received at the door are subject to an additional $15.00 registration fee. Registrations cancelled less than three days from the program date will be assessed a cancellation fee of $25.00.


    • April 6, 2017: Securities Arbitration and Mediation 2017: The Courage to Simplify

      Securities Arbitration and Mediation 2017: The Courage to Simplify

      Thursday, April 6, 2017
      9:00 a.m. - 4:30 p.m.
      New York Society of Security Analysts
      1540 Broadway, Suite 1010
      New York, NY 10036
      Live & Webcast | Register Here!

      7.0 MCLE Credits: 2.0 Professional Practice; 4.0 Skills; 1.0 Ethics

      A Live Webcast Option is Available*
      *Note: Newly admitted attorneys (less than 24 months) who attend via webcast are only eligible to receive Professional Practice and Ethics MCLE credits. Please note that Ethics credits must be viewed simultaneously with the live webcast to receive MCLE credit. Newly admitted attorneys must attend the program in person to receive New York MCLE credit for Skills.

      Overall Program Co-Chairs:

      James D. Yellen, Esq., Yellen Arbitration and Mediation Services, New York, NY
      David E. Robbins, Esq., Kaufmann Gildin & Robbins LLP, New York, NY

      Commercial and Federal Litigation Section Chair:
      Mark A. Berman, Esq., Ganfer & Shore, LLP, New York, NY

      Topics to be Covered Include:
      - Crafting Persuasive Pleadings
      - Supervisory and Clearing Firm Liability
      - Proving and Defending Bond Cases
      - Ethics and Expungements
       
      Program Description:
      The key to successful securities arbitration and mediation is telling your story in memorable and persuasive fashion. This program will help you master those skills while also bringing you up-to-date on recent developments in the law. Gathered from the "best and brightest" of the New York State Bar, this program will, in one day, highlight the most critical advancements in securities arbitration and mediation since this program was last presented.
       
      Our faculty is usually large so that our attendees get the best cross-section possible of experienced practitioners. The subjects selected are based on the assessment of our faculty. Don't miss this opportunity to get a complete update on the law and a thorough analysis of how to succeed in Securities Arbitration and Mediation!
       
      Agenda: 
      8:30 a.m. - 9:00 a.m.


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

      Welcome & Introductions

      Speakers
      David E. Robbins, Esq. | Kaufmann Gildin & Robbins LLP | New York, NY
      James D. Yellen, Esq. | Yellen Arbitration & Mediation Services | New York, NY

      9:10 a.m. - 10:00 a.m.        

      Session #1: Developments and Trends in Securities Arbitration and Mediation Cases
      Case filing trends and statistics
      Special considerations for elderly claimants
      Sample industry cases
      Overview of common attorney mistakes

      Moderator
      David E. Robbins, Esq.
       | Kaufmann Gildin & Robbins LLP | New York, NY

      Speakers
      Richard W. Berry, Esq.
       | FINRA Dispute Resolution | New York, NY
      Martin L. Feinberg, Esq. | Martin L. Feinberg | New York, NY
      Richard P. Ryder | Securities Arbitration Commentator, Inc. | Maplewood, NJ

      10:00 a.m. - 10:50 a.m.
      Session #2: Telling Your Story Simply from Intake to Closing Statements
      Crafting pleadings that tell stories: the Courage to Simplify
      Carrying the story forward to the hearing: opening, case presentation, and closing
      How to prepare witnesses to best tell the story
      How to prepare for the other side’s story
      How to keep the arbitrators focused on the story

      Moderator
      Jonathan L. Hochman, Esq.
       | Schindler Cohen & Hochman LLP | New York, NY

      Speakers
      Aegis J. Frumento, Esq. 
      | Stern Tannenbaum & Bell LLP | New York, NY
      Prof. Paul Radvany | Fordham University School of Law | New York, NY
      Angela A. Turiano, Esq. | Bressler, Amery & Ross, P.C. | New York, NY

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


      Refreshment Break

      11:05 a.m. - 11:55 a.m. 
       
      Session #3: Securities Industry Experts’ Perspective on Securities Arbitration
      Experienced experts have attended more arbitration hearings than most party attorneys.
      What are their recommendations from the start to the end of the case?
      How to assess potential arbitrators
      Expert advice on persuasive closing statements

      Moderator
      Alan S. Rafterman, Esq.
       | Wells Faro & Company | St. Louis, MO

      Speakers
      Mark Conner
       | Corporate Treasury Investment Consulting, LLC | Baltimore, MD
      Jerry DeNigris | Riverside Financial Group, LLC | Cranford, NJ
      Ross Tulman | Trade Investment Analysis Group | Columbus, OH

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

      Session #4: Supervisory and Clearing Firm Liability
      Wrongdoing rarely takes place without the assistance or acquiescence of others.
      How does a Claimant get into the “deep pockets” of the retail firm for failure to supervise
      and of clearing firms who effectuate the trades at issue?
      A Primer on the Law
      What are the Best Defenses to Such Allegations

      Moderator

      Michael G. Shannon, Esq. | Thompson Hine LLP | New York, NY


      Speakers
      Paul C. Carroll  | Sententia LLC | Manalapan, NJ
      Henry F. Minnerop, Esq. | Henry F. Minnerop | New York, NY
      Tim O'Connor, Esq. | The Law Offices of Timothy J. O'Connor | Albany, NY


      12:45 p.m. - 1:45 p.m.
      Lunch (on your own)


      1:45 p.m. - 2:35 p.m.


      Session #5: Whether and When to Settle a Securities Mediation
      Most cases that settle do so through direct communications:
      bringing back the art of direct settlement discussions
      When to mediate, whom to select, what to expect from your mediator
      and how best to prepare yourself and your client for mediation:
      settling and not winning

      Moderator
      James D. Yellen, Esq.
       | Yellen Arbitration & Mediation Services | New York, NY

      Speakers
      Alida Camp, Esq.
       | ADR Offices of Alida Camp | New York, NY
      Philip S. Cottone, Esq. | Philip S. Cottone | Malvern, PA

      Michael Pysno, Esq. | Michael Pysno Attorney and Mediator | Plymouth, MN

      William P. Thornton, Jr., Esq.  l  Stevens & Lee  l  Philadelphia, PA


      2:35 p.m. - 3:25 p.m.

      Session #6: Proving and Defending Bond Cases
      Why are bond cases different from all other cases
      Is reliance on ratings agencies sufficient
      What other broker due diligence is required
      Bond pricing and broker comp
      Discovery in bond cases
      Proving up a bad bond case
      Computing damages in bond cases (especially addressing the NOP problem)

      Moderator
      Kenneth Crowley, Esq.
       | UBS Wealth Management Americas | Weehawken, NJ

      Speakers
      William Briendel, Esq.
       | Greenberg Traurig LLP | White Plains, NY
      Seth E. Lipner, Esq. | Deutsch & Lipner | Garden City, NY
      Matthew C. Plant, Esq. | Bressler, Amery & Ross, P.C. | New York, NY

      3:25 p.m. - 3:40 p.m.
      Refreshment Break


      3:40 p.m. - 4:30 p.m.
      Session #7: Ethics and Expungements

      When should expungements be sought
      Ethical conflicts for defense counsel and expungement requests
      and discussions with brokers
      How should expungements be obtained
      What to expect at the hearing
      Ethics and the customer attorney with regard to participation
      after a settlement – take the money and run?
      Proving up a bad bond case
      Computing damages in bond cases (especially addressing the NOP problem)

      Moderator
      Barry Temkin, Esq.
       | Mound Cotton Wollah & Greengrass LLP | New York, NY

      Speakers
      Darya Geetter, Esq.
       | LPL Financial | Boston, MA
      Jenice L. Malecki, Esq. | Malecki Law | New York, NY
      David E. Robbins, Esq. | Kaufmann Gildin & Robbins LLP | New York, NY
      Robert Usinger, Esq. | One Beacon Insurance Group | New York, NY

      4:30 p.m. Adjournment
       
      Click Here to view the complete list of Faculty Biographies.

      Who Should Attend:

      Attorneys practicing securities law should not miss this program, and attorneys involved in Arbitration and Mediation in other fields will also find this program to be most beneficial.

      Program Co-Sponsors:
      Securities Litigation and Arbitration Committee of the Commercial and Federal Litigation Section
      Committee on Continuing Legal Education
       
      Join the Conversation!
      Follow us on Twitter: @nysbaCLE
       
      Interested in registering more than one attorney? Three or more registrations from the same firm/organization are eligible for our 20% Group Discount.
       
      NYSBA Members: $175
      Commercial and Federal Litigation Section Members: $148.75

      Non-Members: $275
       
      Note: Pre-registration Strongly Advised: You can save money and guarantee your seat and course materials by registering early. Registrations received at the door are subject to an additional $15.00 registration fee. Registrations cancelled less than three days from the program date will be assessed a cancellation fee of $25.00.

      Learn more about the Commercial and Federal Litigation Section of the New York State Bar Association at www.nysba.org/COMFED.
       
      Law Practice Management Resources
      NYSBA Law Practice Management resources provide lawyers, law firm managers and legal professionals with information on practice management trends, marketing, client development, legal technology and finance. Whether you're a solo practitioner or a managing partner at a national law firm, you'll find law practice management resources to meet your day-to-day practice needs. Checklists, best practices, publications and continuing legal education programs provide up-to-date information and practical tips to help you better manage your law practice. Learn more at www.nysba.org/LPM

      Registration: 8:30 a.m.
      Program: 9:00 a.m. - 4:30 p.m.


      Additional Information: This course has been approved for all attorneys. PLEASE NOTE: Newly admitted attorneys attending via webcast will only receive Professional Practice and Ethics credit.

    • May 4-May 5, 2017: Commercial Litigation Academy 2017

      COMMERCIAL LITIGATION ACADEMY 2017 

      Thursday, May 4, through Friday, May 5, 2017 
      9:00 a.m. to 5:00 p.m. (each day) 
      NY Society of Security Analysts | 1140 Broadway | NYC  

      REGISTER HERE!

      CLE Program and Webcast 

      An extraordinary panel of distinguished and well-known commercial litigators and judges will take you step by step through federal and state commercial litigation practice. 

      The Commercial Litigation Academy provides attorneys with one full year of required MCLE credits (16.0 credits, 7.0 in professional practice, 6.0 in skills and 3.0 in ethics.) This program qualifies for newly admitted attorneys.

      Not Able to Attend in Person?
      A Live Webcast Option is Available
      *Note: If you cannot watch the webcast at the scheduled time and date, the recording will be available to you to access after the presentation date for a 60 day period enabling you to watch on your schedule and earn your MCLE credits. Newly admitted attorneys (less than twenty-four months) can attend the webcast program and receive New York MCLE credit. The ethics portion must be viewed at the same time as the simultaneous webcast.

      Who Should Attend:
      Newly admitted attorneys and experienced practitioners seeking to sharpen their skills as commercial litigators and trial lawyers.


      Program Chair: Kevin J. Smith, Esq., Sheppard, Mullin, Richter & Hampton LLP, NYC
      Section Chair: Mark A. Berman, Esq., Ganfer & Shore, LLP, NYC

      Program Description:
      This two-day Academy program brings together an outstanding panel of distinguished and well-known commercial litigators, current and former in-house counsel and judges who will provide you with valuable insights on federal and state commercial litigation – from choosing the proper venue through the appellate process. There will be a focus on litigating commercial cases efficiently. You will receive training and enhance your skills in all aspects of commercial litigation; from drafting the pleadings and seeking injunctive relief, through disclosure and discovery (including expert discovery and e-Discovery), and finally to the trial and the appeal. The expert faculty will also discuss key ethical and evidentiary issues confronted by the commercial litigator.

      Don’t miss this opportunity to learn from our top-notch faculty and network with your peers at this comprehensive two-day program!

      Agenda:
      Day 1: May 4, 2017 - 9:00 a.m. - 5:00 p.m.

      8:30 a.m. – 9:00 a.m.                 Registration
      9:00 a.m. – 9:10 a.m.                 Welcome & Introductions
      9:10 a.m. – 10:50 a.m.               Venue Decisions: State Court vs. Federal Court vs. Arbitration
      - Robert S. Friedman, Esq.
      - Timothy A. Greensfelder, Esq.
      - Gregory A. Markel, Esq.
      - Bradley I. Ruskin, Esq.

      10:50 a.m. – 11:00 a.m.             Refreshment Break

      11:00 a.m. – 12:40 p.m.             Pleadings in State Court, Federal Court, and Arbitration
      - Robert M. Abrahams, Esq.
      - Theodore K. Cheng, Esq.
      - Marshall H. Fishman, Esq.
      - Gregory M. LaSpina, Esq.
      - Louis J. Solomon, Esq.

      12:40 p.m. – 1:30 p.m.               Lunch (on your own)

      1:30 p.m. – 3:10 p.m.                 Injunctive Relief: Temporary Restraining Orders, Preliminary and Permanent Injunctions and Orders to Show Cause
      - Tracee E. Davis, Esq.
      - Steven M. Edwards, Esq.
      - Danielle C. Lesser, Esq.
      - Scott E. Mollen, Esq.
      - Hon. Saliann Scarpulla
      - Mark C. Zauderer, Esq.

      3:10 p.m. – 3:20 p.m.                  Refreshment Break

      3:20 p.m. – 5:00 p.m.                  Disclosure and Discovery, including E-Discovery, and Litigating Cases Efficiently
      - Jeremy R. Feinberg, Esq.
      - Suzanne O. Galbato, Esq.
      - Hon. Frank Maas (ret.)
      - Robert D. Owen, Esq.

      5:00 p.m.                                         Adjournment

      Day 2: May 5, 2017 - 9:00 a.m. - 5:00 p.m.

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

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


      9:10 a.m. – 10:50 a.m.               Expert Discovery in State and Federal Court

      - James J. Beha, II, Esq.
      - Robert J. Jossen, Esq.
      - Jonathan D. Lupkin, Esq.
      - Scott D. Musoff, Esq.
      - James D. Zirin, Esq.

      10:50 a.m. – 11:00 a.m.             Refreshment Break

      11:00 a.m. – 12:40 p.m.             Dispositive Motions including Motions to Dismiss, Judgment on the Pleadings, and Summary Judgment Motions
      - Mark A. Berman, Esq.
      - Hon. Barry A. Cozier (ret.)
      - Hon. Jeffrey Oing
      - Dennis P. Orr, Esq.
      - Peter N. Wang, Esq.

      12:40 p.m. – 1:30 p.m.               Lunch (on your own)

      1:30 p.m. – 3:10 p.m.                 Trials (Including Evidence Rules in Discussion)
      - Lauren E. Aguiar, Esq.
      - Hon. Shirley W. Kornreich
      - David R. Marriott, Esq.
      - Gary P. Naftalis, Esq.
      - Michael C. Rakower, Esq.

      3:10 p.m. – 3:20 p.m.                  Refreshment Break

      3:20 p.m. – 5:00 p.m.                  Civil Appeals and Argument
      - Leslie D. Corwin, Esq.
      - Hon. Helen E. Freedman (ret.)
      - Hon. Barbara R. Kapnick
      - Lewis J. Liman, Esq.
      - James T. Potter, Esq.

      5:00 p.m.                                         Adjournment

  • Recent News & Events

    Report Issued: Pilot ADR Project

    Issued by the Civil Practice Law & Rules Committee 

    A Message from the Chair

    It is a privilege and honor to have been elected Chair of the Commercial and Federal Litigation Section, following in the steps of great icons of the New York State Commercial Bar. The Section’s membership has increased over the past year and the Section is a vibrant and robust organization of terrific commercial litigators. We are the bar organization of choice for attorneys who practice business litigation in our State and Federal Courts, and we will continue to add value to our members and offer the best programming available in the State.

    The Fuld Award Goes to the Second Circuit
    The Section has great plans for the next year. We are excited and proud to announce that the entire Second Circuit Court of Appeals will be presented with the Section’s 2017 Stanley H. Fuld Award at our Annual Meeting in January 2017. The award recognizes outstanding contributions to the development of commercial law and jurisprudence in New York. The Second Circuit’s accomplishments in advancing commercial law in New York State, throughout this country and the world are wellrecognized. With this award, it is only appropriate that the Annual Meeting’s CLE programming will include a panel addressing federal appellate issues. In addition to honoring the Second Circuit in this manner, the Section also will be sponsoring an additional event with the Second Circuit associated with the Fuld Award. The Section is honored to be participating in celebrating the Second Circuit’s 125th anniversary with the presentation of the Fuld award, and looks forward to the opportunity to strengthen its ties with the Second Circuit and the Federal Judges in each of the Districts in New York.

    The Section’s Women’s Initiative
    The Section just established a new award, the first time in over ten years that one has been created. It is called The Shira A. Scheindlin Award for Excellence in the Courtroom in honor of the Section’s former Chair, who served with distinction as a United States District Judge for the Southern District of New York from September 1994 through April 2016. The Section will present this award annually in November, around the date when women received the right to vote in New York State in 1917, to a woman who has distinguished herself in the courtroom in either the Federal or State Courts in New York and who has shown a commitment to mentoring young attorneys in the legal community. 

    The awardee will be Carrie Cohen, now of Morrison & Foerster, who this year successfully prosecuted Sheldon Silver as an Assistant United States Attorney and who served as Section Chair in 2007-2008. The award will be presented on November 14th in the ceremonial courtroom in the Southern District of New York’s Federal Courthouse.

    The November program will also initiate a new Section scholarship funded through the New York Bar Foundation to be awarded to junior female attorneys, which covers the cost of their registration to the Section’s 2017 Commercial Litigation Academy. The goal of this new scholarship is to prepare women to serve as first chair in business litigation trials. The awardees will be called Kaye Scholars in honor of the Honorable Judith S. Kaye, the State’s former Chief Judge. The program will have, among other components, a CLE trial practice program and its participants will include female former chairs of the Section as well as young rising women attorneys. Additional programming seeking to increase the number of women in the courtroom is also intended this year.

    CLEs and Our Cutting Edge Reports

    Already scheduled for September 29 is a groundbreaking Section four credit CLE program entitled Legal Ethics in the Digital Age that draws upon members of our Electronic Discovery, Ethics and Professionalism and Social Media committees as well a member of the Executive Committee of the New York State Bar. The Section is also working on putting together a joint CLE with the Dispute Resolution Section on eDiscovery and arbitration.

    The Section intends to continue to lead the nation in issuing reports concerning our new digital world. The Electronic Discovery Committee will debut its Third Edition of Best Practices in eDiscovery in New York State and Federal Courts this fall. The Social Media Committee also intends to issue its Third Version of Social Media Ethics Guidelines next spring. The Second Version of the Social Media Ethics Guidelines already leads the nation on the issue and is highlighted on the State Bar’s homepage.

    Meeting Chief Judge DiFiore, and the Section’s Executive Meetings Continue to Travel the State

    We have always invited State and Federal Judges to speak at our monthly Executive Committee meetings concerning current issues, but this coming year we are extremely proud to kick off the year in September with Chief Judge Janet DiFiore speaking to our Section’s Executive Committee. As for our monthly Executive Committee meetings, continuing the initiative of holding meetings throughout the State, we anticipate travelling out of New York City three times during the next year and will seek to have these meetings held at upstate Federal Courthouses. By having our Executive Committee meetings at Federal Courthouses, we hope to forge closer ties to the Federal District Judges throughout our State, as well as to their law clerks and local practitioners, who will be able to see first-hand the benefits of joining our Section. 

    Membership Diversity—Seeking to Add Diversity, Youth and Law Students to the Section

    As part of our membership initiative, the officers of the Section intend to speak with law students at law schools around the State to encourage them to join our Section. To that end, the Section has created a video promoting the benefits of joining the Section which will be shown to students during our visits. The Section also intends to work with local upstate bar associations to create a diversity program with the goal of increasing the diversity of the Section statewide. The Section is going to work with local bar associations, having already reached out to the Asian American Bar Association to explore symbiotic relationships with the Section. In addition, the Section this year created a formal Kids Club at our Spring Meeting in Cooperstown in order to encourage Section members who have young children to attend our meeting. I will seek to make this a permanent addition to our programming with the goal of extending our reach to our membership who have not typically attended our Spring Meetings.

    Conclusion
    The Section will continue to focus its efforts on educating the business community of the benefits of litigating in New York by continuing our support of finding new ways to make litigating in our New York State and Federal Courts more efficient and cost effective. We have the best and brightest attorneys as members of our Section, and it is their creative ideas that have assisted the Bench and Bar in seeking to achieve this objective. This will be an exciting year, and the Section is committed to providing value to its members through CLEs, programming, reports and the mentoring of young attorneys. We are always open to ideas, so please feel free to contact me at mberman@ganfershore.com if you would like to share with me your thoughts regarding how we can continue to grow and improve.

    Mark Arthur Berman

    EXECUTIVE COMMITTEE MEETING Minutes 

    January 2017
    December 2016
    December 6, 2016 (special meeting of the EC) 
    November 2016
    October 2016

    September 2016
    June 2016

    May 2016
    April 2016
    March 2016
    February 2016 
    January 2016

    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