Event Overview

Wednesday, January 15, 2025

8:30 AM – 12:00 PM – CLE Program
12:00 PM – 2:00 PM – Reception & Luncheon

Employee Restrictive Covenants: Legal Landscape and Practical Impact in NY and Beyond. What You Need to Know About Evolving Federal and State Rules in the wake of the FTC’s proposed ban on non-competes and other state legislation on restrictive covenants. A panel discussion about how employers should adapt their employee agreements to the changing landscape, and how the courts view and under what circumstances enforce such covenants. Roundtable on New York State and Federal Appellate Practice. A panel discussion consisting of appellate judges and practitioners that would discuss, among other things: what they consider to be “appellate” practice in New York state and federal trial and appellate courts and how the practice in each appellate court differs from the other NY state and federal appellate courts; how appellate work in New York has changed in recent years, emphasizing any important rule changes; common traps for the unwary and strengths and weaknesses they commonly see; and what they think the members of the bar should do to improve their own practices. The Interplay between the NY Supreme Courts and Surrogate Courts on Business Divorce Issues. A panel discussion about when business divorce disputes arise where the older generation who started the closely held business dies, and their children/heirs may not get along with the other business’ partners or prefer to be bought out, and which court may be the more appropriate forum to hear such disputes. Further, a discussion of what types of succession plans should be in place to minimize litigation and conflict between partners and family members.

Highlights and Objectives:

The objective of this program is to ensure that NYSBA members practicing within commercial litigation are up to date on Employee Restrictive Covenants, New York State and Federal Appellate Practice, and NY Supreme Courts and Surrogate Courts on Business Divorce Issues

Commercial and Federal Litigation Section Chair:
Michael Cardello

Program Chairs:
Maryann Stallone

General Registration Fee

Required for all Annual Meeting attendees.

NYSBA Members$250
Non-members$350

+plus…

$150 Program Registration Fee

Commercial & Federal Litigation Section Annual Meeting Program

Wednesday, January 15, 2025
8:30 a.m. – 2:00 p.m.

New York Hilton Midtown
Rendezvous Trianon | Third Floor

CLE Program | Rendezvous Trianon | Third Floor | 8:30 a.m. – 12:00 p.m.
Reception | Petit Trianon | Third Floor | 12:00 p.m. – 12:30 p.m.
Luncheon | Trianon Ballroom | Third Floor | 12:30 p.m. – 2:00 p.m.


3.0 MCLE Credits

3.0 Areas of Professional Practice

This program is transitional and is suitable for all attorneys
including those newly admitted.

8:00 a.m. – 8:30 a.m.

Registration and Visiting the Section Sponsors

8:30 a.m. – 8:45 a.m.

Welcome and Introductions
Speaker

Michael Cardello III, Esq. | Moritt Hock & Hamroff LLP New York, NY

Maryann C. Stallone, Esq. | Tannenbaum Helpern Syracuse & Hirschtritt LLP New York, NY

8:45 a.m. – 9:45 a.m.

The Legal Landscape of Employee Restrictive Covenants in New York and Beyond

What You Need to Know About Evolving Federal and State Rules in the wake of the FTC’s proposed ban on non-competes and other state legislation on restrictive covenants. A panel discussion about how employers should adapt their employee agreements to the changing landscape, and how the courts view and under what circumstances enforce such covenants

Speaker

Hon. Laura Taylor Swain | Chief District Judge, U.S. District Court for the Southern District of New York

Hon. Joel M. Cohen | Justice, Supreme Court of the State of New York State, New York County, Commercial Division

Joseph Lockinger, Esq. | Cooley LLP New York, NY

Randi B. May, Esq. | Tannenbaum Helpern Syracuse & Hirschtritt LLP New York, NY

Moderator

Anne B. Sekel, Esq. | Foley & Lardner LLP New York, NY

1.0 Credit in Areas of Professional Practice

9:45 a.m. – 9:55 a.m.

Break

9:55 a.m. – 10:45 a.m.

The Interplay between the NY Supreme Courts and Surrogate Courts on Business Divorce Issues

A panel discussion about when business divorce disputes arise where the older generation who started the closely held business dies, and their children/heirs may not get along with the other business’ partners or prefer to be bought out, and which court may be the more appropriate forum to hear such disputes. Further, a discussion of what types of succession plans should be in place to minimize litigation and conflict between partners and family members.

Speaker

Hon. Timothy S. Driscoll | Justice, Supreme Court of the State of New York, Nassau County, Commercial Division

Hon. Christopher S. Ciaccio | Surrogate Judge, Surrogate Court, Monroe County

Eve Rachel Markewich, Esq. | Markewich & Rosenstock LLP New York, NY

Peter J. Sluka, Esq. | Farrell Fritz, P.C. New York, NY

Moderator

Yolanda Kanes, Esq. | Tannenbaum Helpern Syracuse & Hirschtritt LLP New York, NY

10:45 a.m. – 10:55 a.m.

Break

10:55 a.m. – 11:55 a.m.

Roundtable on New York State and Federal Appellate Practice

A panel discussion consisting of appellate judges and practitioners that would discuss, among other things: what they consider to be “appellate” practice in New York state and federal trial and appellate courts and how the practice in each appellate court differs from the other NY state and federal appellate courts; how appellate work in New York has changed in recent years, emphasizing any important rule changes; common traps for the unwary and strengths and weaknesses they commonly see; and what they think the members of the bar should do to improve their own practices

Speaker

Hon. Rowan D. Wilson | Chief Judge, New York Court of Appeals

Hon. Richard Sullivan | U.S. Circuit Court Judge of the U.S. Court of Appeals of the Second Circuit

Hon. Barbara R. Kapnick | Associate Justice of New York State Supreme Court, Appellate Division, First Department

Daniel Sullivan, Esq. | Holwell Shuster & Goldberg LLP New York, NY

Scott Eisman, Esq. | Freshfields New York, NY

Moderator

Connie Boland, Esq. | Thompson Hine LLP New York, NY

Seth M. Rokosky, Esq. | Gibson, Dunn & Crutcher LLP New York, NY

1.0 Credit in Areas of Professional Practice

11:55 a.m. – 12:00 p.m.

Concluding Remarks
Speaker

Maryann C. Stallone, Esq. | Tannenbaum Helpern Syracuse & Hirschtritt LLP New York, NY

12:00 p.m. – 12:30 p.m.

Reception

Petit Trianon | Third Floor

12:30 p.m. – 2:00 p.m.

Luncheon Trianon Ballroom | Third Floor

Color Guard Opening Remarks by Section Chair Michael Cardello III and NYSBA President Domenick Napoletano Presentation of the Stanley H. Fuld Award to Hon. Debra Ann Livingston, Chief Judge United States Court of Appeals for the Second Circuit

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Gold Sponsor

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Silver Sponsor

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Silver Sponsor