Sections & Committees

Commercial and Federal Litigation Section

Hot Topics: ESI in Criminal Investigations and Proceedings Webinar

Electronically stored information (ESI) is increasingly central to the investigation and prosecution of criminal activity and to the defense of those accused of crimes. This session will focus on current “hot topics” related to ESI in the “criminal ESI,” including reasonable expectations of privacy under the United States and New York constitutions, the applicability of the Fifth Amendment to the compelled disclosure of passwords and use of biometric information to unlock electronic devices, cooperation between the prosecution and defense, and admissibility of ESI.

This webinar is sponsored by the Committee on Continuing Legal Education and the Commercial and Federal Litigation Section of the New York State Bar Association.

Friday, January 17, 2020 | 9:00 a.m. – 10:00 a.m.

1.0 MCLE Credits | 1.0 Areas of Professional Practice

NYSBA Members: $50 | Non-Members: $150

Program Faculty:
Ronald J. Hedges, Esq. | Senior Counsel | Dentons US LLP
Justice Timothy S. Driscoll | New York State Supreme Court | Nassau County 


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

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

January 21 

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

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

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

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

Committee Chairs: 
Charlie Moxley and Jeffrey T. Zaino 

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The program and reception are complimentary. 

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 of the Stanley H. Fuld Award to the Honorable John G. Koeltl, United States District Judge for the Southern District of New York. 

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

Cocktails and hors d'oeuvres will be served. 

View Program Flyer

Tuesday, January 28, 2020
5:00 PM - 7:30 PM

Thurgood Marshall U.S. Courthouse
40 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

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

For questions please contact: Catherine Carl at [email protected].

COMMERCIAL & FEDERAL LITIGATION MEETING

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

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


VIEW THE AGENDA HERE.

*COMMERCIAL & FEDERAL LUNCH

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

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


RESERVE A TABLE!

BECOMING AN ALLY: FOUR TRAILBLAZING JURISTS DISCUSS DIVERSITY AND INCLUSION

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

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

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

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

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

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

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

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

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SECURITIES ARBITRATION 2020: DEEP DIVE

Co-sponsored by the Commercial and Federal Litigation Section, and the Committee on Continuing Legal Education of the New York State Bar Association and Capital Forensics, Inc.

Program Description:
Trust established and trust breached. That is at the heart of almost every customer securities arbitration of merit that arbitrators must resolve. With the “forum of equity” being supplanted by the “forum of law,” how do practitioners get arbitrators to look beyond the law to the reality of the relationships between customers and financial advisers? How have FINRA’s cases over the years reflected the different ways in which trust relationships were breached? How has the transition from transactional disputes to fiduciary advisory cases affected the kinds of cases brought?  How can attorneys defend elder abuse, affinity fraud cases and other “indefensible” conduct? How can aggressive discovery make or break a case? Ethical issues when customer attorneys solicit potential clients on the Internet and when defense attorneys represent brokerage firms and brokers in the same case?

This year’s program is a “deep dive” into these issues and other issues that are confronting securities arbitration practitioners. When the program’s co-chairs consider the subjects to present, they ask themselves these two questions: Are those the subjects I want to learn about?  Are those the speakers I want to hear from on those subjects?  This program does a “deep dive” into these questions.

This program is co-sponsored by the Commercial and Federal Litigation Section, and the Committee on Continuing Legal Education of the New York State Bar Association and Capital Forensics, Inc.

Friday, March 6, 2020
9:00 a.m. – 4:45 p.m.
Live & Webcast CLE Program

Convene Conference Center
810 Seventh Avenue (Between 52nd & 53rd Streets)
New York, NY 10036

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

NYSBA Member: $195 | Commercial and Federal Litigation Section Member: $170
Non-Member: $295

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How Attorneys and Judges are Addressing New Technologies - Part II 

New technologies seem to appear on an almost daily basis. These technologies have -- and invariably will -- become the subject of litigation. The technologies will also become a focus of discovery and raise questions about admissibility. This session will examine how new technologies might “fit” into existing paradigms of the practice of law.  Our expert panel will examine highly automated, autonomous, and connected vehicle technologies, as well as biometric technologies, and some of the legal issues they have already presented, and are likely to present in the near future.  The panel will also discuss biometric technologies and how they are being used by private companies and governments, some of the objections and legal challenges to them, and cases addressing whether individuals can be compelled to use their biometric identifiers to unlock cellphones or other devices. 

Wednesday, March 18, 2020
10:00 a.m. – 12:00 p.m. 

Live Program or Webcast

Dentons US LLP
1221 Avenue of the Americas
New York City, NY 10020

2.0 MCLE Credits | 2.0 Area of Professional Practice

NYSBA Members: $100 | Non-Member: $200

Program Faculty
Gail L. Gottehrer, Esq. | Law Office of Gail Gottehrer LLC
Ronald J. Hedges, Esq. | Dentons US LLP
Kiriaki Tourikis, Esq. | Reed Smith LLP

Sponsored by Dentons US LLP,  the Committee on Technology and the Legal Profession, the Commerical and Federal Litigation Section, the Law Practice Management Committee and the Committee on Continuing Legal Education of the New York State Bar Association.

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Recognizing the Risks of Facial Recognition Technology:
A Look at the Potential for Bias and Other Ethical Issues

In our increasingly connected world, facial recognition technology (FRT) is becoming ubiquitous.  It’s being utilized for everything from scanning passengers at airports to analyzing footage from bodycams worn by police officers.  While there are many promising and beneficial uses of FRT, its use by private entities and law enforcement raises significant issues because studies have shown it to be inaccurate, and to have trouble accurately recognizing women and people of color.  According to a recent report, tests conducted by the ACLU found that a facial-recognition software product incorrectly “matched” 27 professional athletes to mugshots in a law enforcement database.  In this program, our expert panel will discuss some of the current uses of FRT, the reports that call into question its accuracy and whether it can be relied upon, and the legal issues this raises.  The panel will examine the basis for claims that facial recognition technologies are biased and can unlawfully discriminate against legally protected groups including women and people of color.  They will evaluate how judges may respond when parties seek to introduce this data from FRT into evidence, and how attorneys can be prepared to address, and advise their clients on, eliminating the unlawful bias that may result from the use of these technologies.  The panel will cover the debate around the use of facial recognition technology by law enforcement, landlords, in schools and other places, recent laws and legislative efforts to ban such use, and the potential impact on privacy and civil liberties.

Wednesday, March 18, 2020
1:00 p.m. – 3:00 p.m. 

Live Program or Webcast

Dentons US LLP
1221 Avenue of the Americas
New York City, NY 10020

2.0 MCLE Credits | 2.0 Ethics

NYSBA Members: $100 | Non-Member: $200

Program Faculty
Ronald J. Hedges, Esq. | Dentons US LLP
Gail L. Gottehrer, Esq. | Law Office of Gail Gottehrer LLC
Seth H. Agata, Esq. | Jenner & Block
Brett M. Kaufman, Esq. | ACLU Center for Democracy
Nathan F. Wessler, Esq. | ACLU Speech, Privacy and Technology Project

Sponsored by Dentons US LLP, the Committee on Technology and the Legal Profession, the Commerical and Federal Litigation Section, the Law Practice Management Committee and the Committee on Continuing Legal Education of the New York State Bar Association.


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Discovery, Use and Admissibility of "Black Box" Data - Webinar

Increasing amounts of data are being generated by algorithms and “black box” systems, where the inputs and outputs are visible, but the internal processes of the systems and the ways by which the results are reached, are not transparent and are often purportedly proprietary.  This program will look at the challenges that litigants may face when seeking to obtain “black box” data in discovery, to use it in depositions and motion practice, and to get it admitted in court proceedings.  The panel will discuss the issues raised by “black box” data and systems, including whether decisions in cases involving technology assisted review (TAR) and source codes are helpful to this analysis, and what roles experts may play, as well as ways to overcome objections and get data admitted into evidence.

Thursday, March 19, 2020
10:00 a.m. – 10:50 p.m. 

1.0 MCLE Credits | 1.0 Area of Professional Practice

NYSBA Members: $50 | Non-Member: $150

Program Faculty
Ronald J. Hedges, Esq. | Dentons US LLP

Sponsored by Dentons US LLP, the Committee on Technology and the Legal Profession, the Commerical and Federal Litigation Section, the Law Practice Management Committee and the Committee on Continuing Legal Education of the New York State Bar Association.

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"Employing" AI: Explainable AI, Algorithmic Bias and the Workplace - Webinar

Artificial Intelligence (AI) tools are being used by numerous industries and law firms.  While these tools may appear to be neutral, some have been shown to intentionally or unintentionally perpetuate unlawful discrimination and to reflect the inherent bias of the individuals who created them. The panel will analyze examples of how algorithmic bias might be analyzed and examined for evidence of, among other things, union animus under the NLRA, age discrimination arising in employment decisions, and racial bias in making supervised release or probation decisions. This program will explain what AI is, how it is being used, and the risk of bias that can accompany it.  It will discuss the concept of “Explainable AI” and the Ethics Guidelines for Trustworthy AI recommended by the European Commission’s Independent High-Level Expert Group on Artificial Intelligence.  The panel will analyze the recently enacted Illinois Artificial Intelligence Video Interview Act, what it means for employers, and whether we are likely to see more states passing similar laws regulating the use of AI in the employment context.

Thursday, March 19, 2020
11:00 a.m. – 12:30 p.m. 

1.5 MCLE Credits | 1.5 Ethics

NYSBA Members: $50 | Non-Member: $150

Program Faculty
Ronald J. Hedges, Esq. | Dentons US LLP
Gail L. Gottehrer, Esq. | Law Office of Gail Gottehrer LLC
Nicole Lancia, Esq. | NLRB | "Invited" 

Sponsored by Dentons US LLP, the Committee on Technology and the Legal Profession, the Commerical and Federal Litigation Section, the Law Practice Management Committee and the Committee on Continuing Legal Education of the New York State Bar Association.

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At the Intersection of Highly Automated and Autonomous Vehicles and the Fourth and Fifth Amendments - Webinar

Automated vehicle technology continues to speed ahead, and we are getting closer to seeing Level 3 and Level 4 (on the SAE scale) vehicles on U.S. roads across the country.  This program will examine potential bases for criminal liability associated with Level 3, 4 and 5 vehicles, including possible issues under the Fourth and Fifth Amendments to the US Constitution.  The panel will discuss the automobile exception to the Warrant Requirement, the Fifth Amendment Privilege against self-incrimination, and whether the application of these Constitutional principles may change as we move from traditional vehicles to automated and autonomous vehicles.  Our experts will also evaluate the potential sources of liability for criminal conduct of third parties, and whether established notions of search and seizure will need to changes as we enter an era of driverless and even passengerless vehicles. 

Thursday, March 19, 2020
1:00 p.m. – 2:30 p.m. 

1.5 MCLE Credits | 1.5 Area of Professional Practice

NYSBA Members: $50 | Non-Member: $150

Program Faculty
Ronald J. Hedges, Esq. | Dentons US LLP
Gail L. Gottehrer, Esq. | Law Office of Gail Gottehrer LLC
Justice Timothy S. Driscoll | New York State Supreme Court | Nassau County 
Kenneth Stecker, Esq. | Prosecuting Attorneys Association of Michigan 

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

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INTRODUCTORY LESSONS ON ETHICS & CIVILITY 2020

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

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 which is certain to benefit attorneys in all substantive areas of practice.

Don’t miss this opportunity to obtain 4.0 MCLE Ethics credits at this lively and thought-provoking program

Friday, March 20 | Convene | NYC 
Friday, April 3 | NYSBA | Albany 
Friday, April 17 | Melville Marriott | Long Island 
Friday, April 24 | Sheraton Syracuse University Hotel | Syracuse 
Friday, May 15 | Hyatt Place Buffalo/Amherst | Buffalo
*This program is from 9:00 a.m. to 12:30 p.m. at all locations 
 
4.0 MCLE Credits: 4.0 Ethics

Introductory Lessons on Ethics and Civility 2020 JPG
View the Program Postcard here!

REGISTER NOW:

Friday, March 20 | NYC 
Friday, April 3 | Albany 
Friday, April 17 | Long Island 
Friday, April 24 | Syracuse 

Friday, May 15 | Buffalo

For any questions related to registration, please contact NYSBA's Member Resource Center by email at [email protected], or by phone at 1-800-582-2452

BUSINESS ARBITRATION MEDIATION & MEDIATION 2020 

Co-Sponsored by the Commercial and Federal Litigation Section, the Dispute Resolution Section and the Committee on Continuing Legal Education.

Monday, March 30, 2020
CLE Program - 9:00 a.m. – 5:30 p.m.
Reception - 5:30 p.m. – 7:00 p.m.

Fordham Law School
150 West 62nd Street (Between Amsterdam & Columbus Avenues) 
New York, NY 10023

7.0 MCLE Credits: 1.5 Skills, 4.0 Areas of Professional Practice; 1.5 Ethics

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AMERICAN BAR ASSOCIATION ADOPTS STATE BAR REPORT ON GENDER DISPARITY IN THE COURTROOM

The American Bar Association (ABA) House of Delegates Monday unanimously approved a resolution affirming that women attorneys remain considerably underrepresented in courtrooms and in Alternative Dispute Resolution (ADR), and outlined steps that can be taken by the judiciary, law firms, clients and ADR providers to address this disparity.

The measure is based on a New York State Bar Association (NYSBA) report entitled If Not Now, When? Achieving Equality for Women Attorneys in the Courtroom and in ADR, and was presented to the ABA by NYSBA President Sharon Stern Gerstman.

The report was compiled by the NYSBA Commercial & Federal Litigation Section’s Task Force on Women’s Initiatives, and was approved by NYSBA’s House of Delegates in November 2017. It encourages law firms, members of the judiciary, corporate clients, and alternative dispute resolution providers to provide women lawyers with opportunities to gain trial experience, participate in the courtroom and all aspects of litigation, and be selected as neutrals in ADR.

The ABA action was part of its Midyear Meeting in Vancouver, British Columbia.

“The approval by the ABA of this groundbreaking report underscores the importance of ensuring that women and diverse voices are empowered and able to play an active role throughout the judicial and dispute resolution process,” Gerstman said. “This is an issue of fundamental fairness and justice, and with agreement regarding the scope of the problem, we can now work together most effectively to address it.”

Gerstman noted that the ABA measure approved on Monday suggests specific actions, including encouraging judges to ensure that women lawyers have equal opportunities to participate in the courtroom, calling on corporate clients to work with outside counsel to facilitate the participation of women attorneys in all aspects of litigation and calling on corporate counsel to work with ADR providers to encourage the selection of women attorneys as neutrals.

The report is based on the first-ever observational study of women attorneys in the courtroom. It reveals that female attorneys comprise about 25 percent of attorneys in lead counsel roles in courtrooms statewide.

The study took place from Sept. 1 through Dec. 31, 2016. Approximately 2,800 questionnaires were completed and returned by judges in participating courts, including the New York Court of Appeals, the Second Circuit Court of Appeals, two of the four federal district courts, all four appellate divisions, and commercial divisions in supreme courts in counties from Suffolk to Onondaga and Erie. Three of the leading ADR providers in the state also participated.

The NYSBA Task Force on Women’s Initiatives is co-chaired by NYSBA Past President Bernice K. Leber of New York City (Arent Fox), retired U.S. District Court Judge Shira Scheindlin of New York City (Stroock & Stroock & Lavan and JAMS); former Assistant U.S. Attorney Carrie H. Cohen of New York City (Morrison & Foerster); Tracee E. Davis of New York City (Zeichner, Ellman & Krause); Sharon M. Porcellio of Buffalo (Bond, Schoeneck & King); Lesley F. Rosenthal of New York City (Lincoln Center for the Performing Arts); and Lauren J. Wachtler of New York City (Phillips Nizer LLP). All are former chairs of NYSBA’s Commercial & Federal Litigation Section.

EXECUTIVE COMMITTEE MEETING Minutes

October 2019
September 2019
June 2019
April 2019

March 2019
January 2019
December 2018

November 2018
September 2018
August 2018
June 2018 
February 2018

January 2018

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

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VIEW THE LATEST NYLITIGATOR

The NYLitigator features peer-written substantive articles relating to the practice of commercial and federal litigation on various topics, including discovery; mediation; settlements; corporate liability; and due process. Section Reports, written by various Commercial and Federal Litigation Committees, are often featured in each issue. The NYLitigator is published by the Commercial and Federal Litigation Section and distributed to Section Members free of charge.
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VIEW THE LATEST COMMERCIAL AND FEDERAL LITIGATION SECTION NEWSLETTER

The Commercial and Federal Litigation Section Newsletter features updates on Section activities, programs and events; recent legislation; and information about current issues. The Commercial and Federal Litigation Section Newsletter is published three times per year by the Commercial and Federal Litigation Section and distributed to Section members free of charge.
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The Commercial Division Advisory Council has produced a new version of its short film about the Commercial Division of the New York State Supreme Court. The film features eleven General Counsel of major corporations speaking about the Commercial Division. 

The film portrays some of the recent improvements to the Commercial Division’s rules, procedures, and operations which have been designed to be responsive to the needs and concerns of the business community. The ultimate goal of these changes is to make the business litigation process in New York more cost‑effective, predictable, and expeditious, and to thereby provide a more hospitable and attractive environment for business litigation in New York State.

See the video here:  https://vimeo.com/195552034