Commercial & Federal Litigation Section

Commercial and Federal Litigation Section

Foley Square


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 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 Robert N. Holtzman, Chair of the Commercial & Federal Litigation Section will speak.

Cocktails and hors d'oeuvres will be served. 

View Program Flyer

Tuesday, January 15, 2019
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


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

For questions: Kristina Gagnon at


Thursday, January 17, 2019 12:30 PM
12:30 PM - 2:00 PM


Commercial and Federal Litigation Section Cocktail Reception at 12:00 p.m. with Lunch Following at 12:30 p.m.
New York Hilton Midtown
1335 Avenue of the Americas
New York, NY
Trianon Ballroom, Third Floor

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

For more information about this program, please contact Kristina Gagnon at


Wednesday, January 16, 2019
9:00 AM - 12:00 PM
Total MCLE Credits: 3.00 (Professional Practice 3.0)


Register for the 2019 Annual Meeting Here or Download The Registration Form Here.


Under New York's MCLE rule, this program has been approved for up to 3.0 credit hours (3.0 credits in Professional Practice). This program will qualify for credit for newly-admitted attorneys.

Section Chair
Robert N. Holtzman, Esq., Kramer Levin Naftalis Frankel LLP

Jonathan B. Fellows, Esq., Bond, Schoeneck & King, PLLC

9:00 AM - 9:10 AM
Welcoming Remarks

9:10 AM -10:25 AM
Trends and Considerations in Technology Assisted Review 
 Muhammad U. Faridi, Esq., Patterson Belknap Webb & Tyler LLP
                  Hon. Andrew J. Peck,  DLA Piper LLP
                  Sandra J. Rampersaud, Esq., UBS AG
                  James S. Zucker, Esq., Patterson Belknap Webb & Tyler LLP

10:25 AM-10:40 AM

10:40 AM-11:55 AM
Litigating Sexual Harassment Cases in the "Me Too" Era
Panelists: Louis P. DiLorenzo, Esq., 
Bond, Schoeneck & king, PLLC
                  Gerald T. Hathaway, Esq., Drinker Biddle
                  Hon Saliann Scarpulla, Supreme Court of the State of New York, New York County, Commercial Division
                  Kathleen Peratis, Esq., Outten & Golden LLP
                  Carrie H. Cohen, Esq., Morrison & Foerster LLP

12:00 PM - 12:30 PM
Cocktail Reception
Petit Trianon Ballroom Foyer | 3rd Floor

12:30PM - 2:00 PM
Trianon Ballroom | 3rd Floor
Presentation of the Stanley H. Fuld Award for Outstanding Contributions to Commercial Law and Litigation

Tables and Seats available - Sign up today!
Table Reservation Form

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 3rd, 2019. For more details, please contact Kristina Gagnon in writing at New York State Bar Association, One Elk Street, Albany, New York 12207 or

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 Beth Gould at 518-487-5674.

For questions about this specific program, please contact Kristina Gagnon at 518-487-5669. For registration questions only, please call the Member Resource Center at 800-582-2452. Fax registration form to 518-463-5993.

Resolving E-Discovery Disputes Efficiently in Arbitration and in Court
JAMS/NYSBA Commercial and Federal Litigation Section
Annual CLE Program


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.

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

Monday, January 28, 2019
6:00 P.M. - 8:00 P.M.
Live Program 

Kramer Levin Naftalis & Frankel LLP
1177 Sixth Avenue
New York, NY 10036

2.0 MCLE Credits: 2.0 Skills
View the Program Agenda here.

Panel 1: E-Discovery Issues in Arbitration

  • Hon. Frank Maas (Ret.),  Moderator
  • Prof. Michael Fox, J.D.
  • Kerri Ann Law, 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
  • Hon. Shirley Werner Kornreich (Ret.)

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?

View the Faculty Biographies here.

NYSBA Member: $75.00 | Non-Member: $275.00 (includes NYSBA membership for 2019!)
Commercial and Federal Litigation Section Member: $50
Dispute Resolution Section Member: $50

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

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.

Follow NYSBA CLE on Twitter! @NYSBACLE

Stay informed. Be the first to hear about the latest course offerings.

To view the full list of Continuing Legal Education Programs, click here.

Commercial Litigation Academy 2019 The two day Commercial Litigation 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


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: