Corporate Counsel and Dispute Resolution Section Meeting

Thursday, January 17, 2019
2:00 PM - 6:00 PM
Total MCLE Credits: 4.00 (Professional Practice 3.50, Diversity 0.50)
Regent- 2nd Floor


Section Chairs
Deborah Masucci, Esq., Masucci Dispute Management and Resolution Services
Elizabeth J. Shampnoi, Esq., Shampnoi Dispute Resolution and Management Services Inc.

Program Chairs
Elizabeth J. Shampnoi, Esq., Shampnoi Dispute Resolution and Management Services Inc.
Jeffrey T. Zaino, Esq., American Arbitration Association
Ross J. Kartez, Esq., Ruskin Moscou Faltischek

10:30 AM - 12:00 PM
Executive Committee Meeting
Paul Weiss | 1285 Avenue of the Americas

12:00 PM -1:30 PM
Paul Weiss | 1285 Avenue of the Americas

2:00 PM - 2:05 PM
Welcome Remarks
Dispute Resolution Section Membership Vote

2:05 PM - 3:20 PM Navigating ADR Through the #MeToo Movement and the Legislative Response (1.5 Credits in Areas of Professional Practice)
A flurry of legislative action in response to the #MeToo movement has put confidentiality, non-disclosure, and mandatory arbitration under scrutiny and limited tax deductions as it relates to sexual harassment claims. Workplace internal dispute resolution programs intended to protect employees and companies alike are being reexamined. This panel will examine those new requirements, the pros and cons of the new legislation (including the impact to companies, employees, and dispute resolvers), and practical considerations to ensure compliance.   
Jill L. Rosenberg, Esq.

Orrick, Herrington & Stucliffe LLP

Gregory S. Chiarello, Esq.
Outten & Golden LLP

Lauren Tanen, Esq.
Shaarei Tikvah

3:20 PM - 3:30 PM Break

3:30 PM - 4:20 PM Class Action Simplicity Under Challenge (1.0 Credit in Areas of Professional Practice)
Topics to be discussed by this panel: (1) administrative challenges faced by ADR Providers, including the handling of class actions and best practices; (2) in-house considerations when drafting class action-related policies, the benefits and detriments of class action waivers, the costs associated with multiple proceedings, and other related matters; (3) strategies by the plaintiffs’ bar to counter class action waivers, litigation or otherwise; and (4) arbitrator perspectives on the foregoing issues.  The panel will address what motivates companies to adopt processes to avoid class actions or prefer class action processes in arbitration; how they formulate the procedures; challenges in arbitration, including coordination, discovery, sharing testimony across cases and other process/administrative issues; and the law developing in the area.
Alfred G. Feliu, Esq.

Feliu Neutral Services, LLC

Deirdre A. Aaron, Esq.
Outten & Golden LLP

Ann Lesser, Esq.
American Arbitration Association

Mitchell F. Borger, Esq.
Macy's, Inc.

4:20 PM - 4:45 PM The Power of Inclusion: Treating Others Well Enhances Our Well-Being (0.5 Credit in Diversity, Inclusion and Elimination of Bias)
Inclusion is an invitation to reduce our stress and that of our colleagues by becoming more conscious leaders.  Join a Chief Diversity and Inclusion Officer in a discussion of today's best practices. If you are not actively including, then you are excluding.  
Cecilia B. Loving

Fire Department of New York City

4:45 PM - 5:00 PM Break

5:00 PM - 6:00 PM
Trends, Successes and Strategies on Mediating Cases in Judicial and Arbitration Forums (1.0 Credit in Areas of Professional Practice)
Leading judges, neutrals, and advocates will discuss trends and preferred strategies for zealous representation of clients in mediation. Of particular note is the controversial topic of using a sitting judge or arbitrator as the mediator or settlement judge to resolve the case. Attorneys must consider the possibility that the judge or arbitrator may, at some point, try to mediate the underlying dispute. In fact, the New York Commercial Division Rules were recently amended to recognize this possibility and to offer the services of justices other than the justice assigned to the case – but are attorneys and judges utilizing this protocol? 
David A. Shargel, Esq.

Westerman Ball Ederer Miller Zucker & Sharfstein, LLP

Hon. Shirley Werner Kornreich (Ret.)
Hon. Richard M. Berman
United States District Court, Southern District of New York

Michael A. Cardozo, Esq.
Proskauer Rose LLP

Jeffrey L. Kessler, Esq.
Winston & Strawn LLP

6:00 PM - 7:30 PM Reception
Morrison & Foerster LLP | 250 West 55th St

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 [email protected]

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 Kristina Gagnon at 518-487-5669.

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.