Commercial and Federal Litigation Section

  • Social Media
    Social Media Jury Instructions Report Commercial and Federal Litigation Section's Social Media Jury Instructions Report was recently cited in an amicus curiae brief filed with the U.S. Supreme Court.
  • Bench Bar 1
    Legal Ethics in the Digital Age NYC Live and Webcast September 29, 2016
  • Lady Justice Slider
    First Annual Shira A. Scheindlin Award for Excellence in the Courtroom November 14, 2016
  • Kaye Com Fed Scholarship Slider
    The Honorable Judith S. Kaye Commercial and Federal Litigation Scholarship November 14, 2016
  • CLE Programs and Events
    • September 29, 2016: Legal Ethics in the Digital Age NYC Live and Webcast

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

      Thursday, September 29, 2016

      New York Society of Security Analysts | 1540 Broadway | Suite 1010 | New York, NY 10036
      9:00 a.m. to 1:00 p.m.

      Live & Webcast!

       

      4.0 MCLE Credits: 4.0 hours in Ethics

      Commercial and Federal Litigation Section Members: $114.75 | NYSBA Members: $135 |  Non Members: $235

      Register Today! 

      Program Brochure

      Not Able to Attend in Person? A Live Webcast Option is Available!*
      * Note: Newly admitted attorneys (less than twenty-four months) can attend the program via webcast to receive New York MCLE credit but the ethics portion must be viewed on the same day of the webcast.
       
      Program Co-Sponsors: Commercial and Federal Litigation Section and Committee on Continuing Legal Education
      Agenda:


        
       8:30 a.m. – 9:00 a.m.

      Registration (outside meeting room)
       

       9:00 a.m. – 9:10 a.m.

      Welcome and Introductions
       


       9:10 a.m. – 10:00 a.m.

      What Does Attorney Competence Mean When It Comes to Handling Electronic Discovery?
        

       10:00 a.m. – 10:50 a.m.

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

       10:50 a.m. – 11:05 a.m.

      Refreshment Break
       

       11:05 a.m. – 11:55 a.m.

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

       11:55 a.m. – 12:45 p.m.

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

       12:45 p.m. – 12:50 p.m.

      Wrap-Up and Closing Remarks
       



      Additional Information: This course has been approved for all attorneys, including those who are newly admitted (less than twenty-four months). IMPORTANT NOTICE--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.

    • November 14, 2016: First Annual Shira A. Scheindlin Award for Excellence in the Courtroom

      The Commercial & Federal Litigation Section is proud to present its 
      First Annual Shira A. Scheindlin Award for Excellence in the Courtroom
      to 
      Carrie H. Cohen 

      and to announce the First Recipients of the Newly Created 
      Hon. Judith S. Kaye Commercial and Federal Litigation Scholarship 

      Monday, November 14, 2016
      5:00 p.m. - 8:00 p.m. 
      Cocktail Reception: 5:30 p.m. - 6:30 pm. 

      Ceremonial Courtroom, Ninth Floor | 500 Pearl Street
      US District Court Southern District of New York
      Daniel Patrick Moynihan United States Courthouse
      New York, NY 10007

      REGISTER NOW

      Click here, to view the invitation!

      PROGRAM: 

      4:30 PM - 5:00 PM: Registration

      5:00 PM – 5:50 PM: Women’s Initiative Trial Practice CLE - A Re-Enactment of a Commercial Trial
      This program will showcase methods of creating compelling opening and closing statements and conducting tactical examinations of witnesses through a re-enactment of an actual commercial trial.  The re-enactment will feature experienced women trial lawyers, including former Section Chairs and a former federal judge, and will be followed by a discussion among the presenters who will share their trial strategy, advice, and insights.  This program promises to be both entertaining and instructive, offering critical trial skills for all litigators at any level of practice. This program is accredited for 1.0 MCLE Credit in skills, this program is transitional and suited for newly-admitted attorneys

      6:30 PM – 8:00 PM: Awards Ceremony

      Presentation of the  Shira A. Scheindlin Award for Excellence in the Courtroom 
      Recipient of Award :  Carrie H. Cohen, Morrison & Foerster LLP

      Presentation of the Honorable Judith S. Kaye Commercial and Federal Litigation Scholarship
      The scholarship(s) will be awarded to up to five female litigators and will cover the cost of their registration at the 2017 Commercial Litigation Academy. The goal of the Scholarship is to help increase the number of women taking a leadership role in commercial cases litigated in both the state and federal courts in New York. To apply: www.tnybf.org/kayescholarship

      For questions contact Beth Gould at bgould@nysba.org 

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

  • Recent News & Events

    Upcoming Section Events and Co-Sponsor events 

    The Honorable Judith Kaye Commercial and Federal Litigation Scholarship

    The New York Bar Foundation is pleased to announce the 2016 Honorable Judith S. Kaye Commercial and Federal Litigation Scholarship, which has been established by The Foundation through a gift from the Commercial and Federal Litigation Section of the New York State Bar Association (NYSBA). The scholarship(s) will be awarded to up to five female litigators and will cover the cost of their registration at the 2017 Commercial Litigation Academy (“Litigation Academy”). The goal of the Scholarship is to help increase the number of women taking a leadership role in commercial cases litigated in both the state and federal courts in New York. The Litigation Academy is sponsored by the NYSBA and the Commercial and Federal Litigation Section of the NYSBA.

    Recipients will receive the award on November 14, 2016 in the Ceremonial Courtroom in the Southern District of New York in conjunction with the presentation of the Hon. Shira A. Scheindlin Award for Excellence in the Courtroom to a female litigator who has distinguished herself in the courtroom in either the Federal or State Courts in New York and has shown a commitment to mentoring young attorneys in the legal community. The first recipient of the Hon. Shira A Scheindlin Award is Carrie H. Cohen, who led the trial team in the recent trial of former Speaker of the New York State Assembly Sheldon Silver. Former female Chairs of the Commercial & Federal Litigation Section will be presenting a CLE program along with junior female attorneys from a number of law firms in New York as part of the program. 

    Eligibility:
    Female attorneys who are in good standing the New York State Bar and have practiced law between two and six years since their admission to the New York State bar.

    Scholarship Application Requirements 
    To apply, please submit the following: 
    1. A two page letter stating (i) why you should be selected as a Kaye Scholar and how receiving this scholarship would benefit your career and (ii) a statement that receiving this scholarship will enable you to attend the Litigation Academy where it would not otherwise be possible. 
    2. A resume.

    Payment of Scholarship: 
    The scholarship will be applied to the recipients' full registration fee for the 2017 Commercial Litigation Academy to be held on May 4 and 5, 2017 at the New York Society of Security Analysts in Manhattan.

    Deadline: 
    The application and supporting documents must be postmarked on or before Friday, September 30, 2016.

    Recipients of the Kaye Scholarship will be based on the following factors:

    • Content of letter
    • Quality of written expression
    • Work and other experience
    • Any other relevant factors 

    Attendance: 
    Recipients must attend the November 14, 2016 event when the scholarships will be awarded.

    Submission: 
    All materials must be submitted by mail and postmarked on or before Friday, September 30, 2016.

    Mail to: 
    The New York Bar Foundation 
    The Honorable Judith S. Kaye Commercial and Federal Litigation Scholarship 
    One Elk Street 
    Albany, NY 12207

    The Shira A. Scheindlin Award for Excellence in the Courtroom


    The Shira A. Scheindlin Award for Excellence in the Courtroom was created by the Commercial and Federal Litigation Section in honor of the Section's former Chair, who served as a United States District Judge for the Southern District of New York from September 1994 through April 2016.  Prior to serving as a United States District Judge, Judge Scheindlin served as a Magistrate Judge for the Eastern District of New York, an Assistant United States Attorney for the Eastern District of New York, the general counsel for the New York City Department of Investigation and a commercial litigator in private practice.  

    The Section will present the Award annually in November, on or around the date when women received the right to vote in New York State in 1917.  The Award will be given to a female litigator 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 Award Selection Committee was comprised of Judge Shira A. Scheindlin (ret.), United States District Judge P. Kevin Castel, Presiding Justice Karen K. Peters, Appellate Division Third Department, Bernice K. Leber, Former State Bar President and Section Chair and Mark A. Berman, Current Section Chair.

    Message from Section Chair, Mark Berman

    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 well-recognized.  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 ground-breaking Section four credit CLE program entitled “Legal Ethics in the Digital Age” that draws upon members of our Ethics, eDiscovery 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 eDiscovery Committee will debut its Third Edition of its “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 its “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 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 child to attend our meeting.  I will seek to make this a permanent addition to our programing 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.

    Report Issued: Social Media Jury Instructions Report

    Issued by the Social Media Committee and Approved by the Section's Executive Committee

    EXECUTIVE COMMITTEE MEETING Minutes 

    May 2016
    April 2016
    March 2016
    February 2016 
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    May 2015

    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>

  • New Rules

    2016 Amendments to the Uniform Rules for Supreme and County Courts, Rules Governing Appeals, and Certain Other Rules of Interest to Civil Litigators

    202.5(e)(1)(v): Adds certain documents, testimony, and evidence in matrimonial actions to categories of confidential personal information - Effective Date: 3/1/2016 (Court - Sup)

    202.16(m): Adds a provision on omission or redaction of confidential personal information from matrimonial decisions - Effective Date: 3/1/2016 (Court - Sup)

    202.70(g), Rule 3: Adds a provision on settlement conferences before a justice other than a justice assigned to the case - Effective Date: 7/1/2016 (Court - Sup)

    202.70(g), Rule 11-g: Adds a proposed form of confidentiality order - Effective Date: 7/1/2016 (Court - Sup)

    202.70(g), Rule 14-a: Adds a new rule on procedures at disclosure conferences conducted by non-judicial personnel - Effective Date: 7/1/2016 (Court - Sup)

    500.1(j), (l): Changes “computer-generated” papers to “papers prepared by a word-processing system” and changes “Times Roman” to “Times New Roman” - Effective Date: 6/22/2016 (Court - Ct. App.)

    500.11(m):  Adds word and page limits for submissions in alternative procedure for selected appeals - Effective Date: 6/22/2016 (Court - Ct. App.)

    500.13(c): Adds word and page limits for briefs in normal course appeals - Effective Date: 6/22/2016 (Court - Ct. App.)

    500.23: Requires that amicus submissions meet word and page limits of 500.11(m) and 500.13(c) - Effective Date: 6/22/2016 (Court - Ct. App.)

    800.23(c): Increased fees for admission certificates - Effective Date: 2/1/2016 (Court - 3d Dep’t)

    Notes: On May 23, 2016, effective July 1, 2016, the Administrative Judge of the Courts rescinded the Appendix of Official Forms for the CPLR.  See CPLR 107.  AO/119/16.

    *(2) On June 24, 2016, effective August 1, 2016, the Chief Administrative Judge of the Courts promulgated a revised New Model Preliminary Conference Order form for optional use in the Commercial Division.  AO/132/16.

    For a pdf file of the full chart: 2016 Amendments 

    *Latest changes are indicated by asterisk