Commercial & Federal Litigation Section

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Commercial & Federal Litigation Section

View our Section's COVID-19 Information Page by clicking on the Resources tab. Read the latest issue of the NY Litigator by clicking on the Publications tab.

The purpose of the section is to improve the quality of representation of clients, provide a forum for the improvement of law and procedure in the areas of commercial and federal litigation, and enhance the administration of justice.

The section serves its mission by:

Developing relationships and sharing practice experiences with fellow commercial and federal litigators, with state and federal judges, and with regulatory and administrative bodies;
Establishing committees for the purpose of promoting research and discussion on current issues affecting our practice;
Influencing and proposing legislation affecting our practice;
Developing continuing legal education programs on topics relevant to our practice; and
Providing networking opportunities for its members.

Contact the Commercial and Federal Litigation Section Liaison

To learn more about this Section, please contact Catherine Carl
ccarl@nysba.org
(518) 487-5679

Online Community

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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. Edited by Orna Artal, Esq. of Ramos & Artal LLC, the NYLitigator is published by the Commercial and Federal Litigation Section and distributed to Section Members free of charge.

The NYLitigator is published as a benefit for members of the Commercial and Federal Litigation Section and is copyrighted by the New York State Bar Association. The copying, reselling, duplication, transferring, reproducing, reusing, retaining or reprinting of this publication is strictly prohibited without permission.
© New York State Bar Association. All rights reserved. ISSN 1085-4193 (print) ISSN 1933-8589 (online)

The NYLitigator encourages article submissions on topics of interest to members of the Section. Writing an article for a NYSBA Section publication is a great way to get your name out in the legal community and advertise your knowledge. Our authors are respected state-wide for their legal expertise in such areas as ADR; settlements; depositions; discovery; and corporate liability.

MCLE credit may also be earned for legal-based writing directed to an attorney audience upon application to the CLE Board. NYSBA Guidelines for Obtaining MCLE Credit for Writing as well as a Publication Credit Application are available.

If you have written an article and would like to have it considered for publication in the NYLitigator, please send it in electronic document format (pdfs are NOT acceptable), along with biographical information to its Editor:

Orna Artal, Esq.
Oartal@ramosartal.com

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. Edited by Prof. Mark L. Davies, 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.

The Commercial and Federal Litigation Section Newsletter is published as a benefit for members of the Commercial and Federal Litigation Section and is copyrighted by the New York State Bar Association. The copying, reselling, duplication, transferring, reproducing, reusing, retaining or reprinting of this publication is strictly prohibited without permission.

If you have material to submit for publication in the Commercial and Federal Litigation Section Newsletter, please send it in electronic document format (pdfs are NOT acceptable), to its Editor:

Prof. Mark L. Davies
midavies@aol.com

NYLitigator Archive

Commercial and Federal Litigation Section Newsletter Archive

Reprint Permission and Disability Accommodations

Author's Guidelines

Section Publications

NYLitigator - Winter 2020

A Journal of the Commercial & Federal Litigation Section of the New York State Bar Association. Can’t see this edition? Please view it here.

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Section Publications

Commercial and Federal Litigation Section Newsletter - Fall 2019

A publication of the Commercial and Federal Litigation Section of the New York State Bar Association. Can’t see this edition? Please view it here.

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Section Bylaws

Executive Committee Meeting Minutes

2020 REPORTS

Proposal to Revise Commercial Division Rule 31

2019 REPORTS

2019 Social Media Ethics Guidelines

2018 REPORTS

2017 REPORTS

2012 REPORTS

Best Practices in E-Discovery in New York State and Federal Courts Version 2.0(Adobe PDF File
Guide to United States District and Magistrate Judges in the Southern and Eastern Districts of New York(Adobe PDF File)
Proposed Jury Instructions(Adobe PDF File)
New York WARN: A Flawed Statute That Can and Should Be Fixed(Adobe PDF File)
Stern v. Marshall Report (Adobe PDF File
Rule 5 of the Federal Rules of Civil Procedure Should Be Revised To Allow For Electronic Service of Papers Without Prior Consent(Adobe PDF File
Whether The Heightened Pleading Requirements of Twombly and Iqbal Apply to Pleading Affirmative Defenses(Adobe PDF File)
Report on the American Bar Association’s Proposal for Comment on Choice of Law – Alternative Law Practice Structures: December 2, 2011(Adobe PDF File)
Faster – Smarter – Cheaper(Adobe PDF File)

2011 REPORTS

Best Practices in E-Discover – Sept. 2011(Adobe PDF File)

2010 REPORTS

En Banc Review for Intermediate Appellate Courts in New York State(Adobe PDF File)
Experiments in the Lab: Donnelly Act Diversions From Federal Antitrust Law(Adobe PDF File)
Criminal Prosecutorial Discretion In The Insider Trading Cases: Let’s Look at the Numbers(Adobe PDF File)
Court-Appointed Receivers in Judicial Dissolutions of Limited-Liability Companies and Partnerships(Adobe PDF File)

2009 REPORTS

Immigration Appeals in the 2d Circuit(Adobe PDF File)

2008 REPORTS

Individual Practices of Judges and Magistrate Judges in the Southern District of New York (Adobe PDF File)
Report Recommending Certain Amendments Concerning Electronic Discovery (Committee on Civil Practice Laws and Rules)
Report Approving Proposal to Amend CPLR 1008 (Ccmmitte on Civil Practice Laws and Rules)

2007 REPORTS

Trinko and Beyond – 2007(Adobe PDF File)
Report to Amend CPLR 2106 re Unsworn Affirmation – April 2007(Adobe PDF File)
EDNY Local Bankruptcy Rules – February 14, 2007(Adobe PDF File)

2006 REPORTS

Rulings in Klein v. Roberts American Gourmet Food, Inc. – November 14, 2006(Adobe PDF File)
Bank Escrow Deposition Agreement Report – October 12, 2006(Adobe PDF File)
Review of HF Management Services v. Pistone – October 2006(Adobe PDF File)
Protecting Employees’ Constitutional Rights in Governmental Investigations – September 2006(Adobe PDF File
Report Opposing ABA Recommendation re Draft Expert Reports… – 2006(Adobe PDF File
Report in Support of Proposed Revisions to the Lawyers Code of Professional Conduct on Lawyer Advertising – July 25, 2006(Adobe PDF File
Opposing the Recommendation of the ABA re Communications Between Experts and Attorneys not be Discoverable – July 19, 2006(Adobe PDF File)

Commercial & Federal Litigation Section Committee

Awards

STANLEY H. FULD

The Stanley H. Fuld Award was created by the Commercial and Federal Litigation Section in honor of the late Chief Judge of the New York Court of Appeals. The Section presents the award annually at its Annual Meeting luncheon in January to recognize outstanding contributions to the development of commercial law and jurisprudence in New York State.

Award Criteria: Member of the legal profession who has significantly contributed to the practice of commercial law and litigation in New York.
Nomination Deadline: September 1st
Date Presented: The award is presented at the Section’s Annual Meeting Program in January
Full Details and List of Previous Award Recipients

ROBERT L. HAIG

Award Criteria: Long-Standing member of the legal profession who has rendered distinguished public service.
Nomination Deadline: February 1
Date Presented: The award is presented at the Section’s Spring Meeting
Full Details and List of Previous Award Recipients

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.
Date Presented: November 2019
Full Details and List of Previous Award Recipients

GEORGE BUNDY SMITH PIONEER

Award Criteria: The award is given for legal excellence, community commitment and mentoring
Date Presented: The award is presented at the Section’s Smooth Move Program
Full Details and List of Previous Award Recipients

Scholarships

THE HONORABLE JUDITH S. KAYE COMMERCIAL AND FEDERAL LITIGATION SCHOLARSHIP

Eligibility:
Female attorneys who have practiced commercial litigation between two and ten years since their admission to the New York State bar, and who remain in good standing.

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Fellowships

COMMERCIAL AND FEDERAL LITIGATION SECTION DIVERSITY FELLOWSHIP

The New York Bar Foundation is pleased to offer the Commercial and Federal Litigation Section Diversity Fellowship each spring which has been established by The Foundation through a gift from the Commercial and Federal Litigation Section of the New York State Bar Association. The Fellowship will be awarded to a current first year (1L) diversity law student who is enrolled in a law school in the State of New York to work in a litigation position in the public sector in the State of New York during the summer.

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COMMERCIAL DIVISION JUDGES CONTACT INFORMATION

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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