Event Overview

Wednesday, January 17, 2024

8:30 AM – 12:00 PM — CLE Program | Rendezvous Trianon, Third Floor

12:00 PM – 2:00 PM — Reception & Luncheon | Petit Trianon and Trianon Ballroom, Third Floor
Presentation of the Stanley H. Fuld Award to Chief Judge of the Court of Appeals Rowan D. Wilson

Bankruptcy Basics for Commercial Litigators

The basics of bankruptcy that every commercial litigator should know, what it means for your case, and the options available to you in case a party declares bankruptcy during your litigation. Hear from bankruptcy counsel, a bankruptcy judge, and others in the bankruptcy process.

The Supreme Court Outlawed Affirmative Action in College Admissions: What That Means For Private Employers

A panel discussion on the Supreme Court’s recent decision striking down affirmative action for colleges and universities, and the broader implications that has for commercial businesses, including litigation risks and how to mitigate them.

A CPLR Update for Commercial Litigators

An update by CPLR expert David Horowitz specifically for practitioners in the Commercial Division.

Key Highlights and Objectives

  • Knowing what rights a party has when there is a bankruptcy during a litigation and what to do next
  • Understanding the changes to litigation coming up in the future because of the Supreme Court’s affirmative action decision
  • Knowing the important recent changes to the CPLR that will affect commercial litigators.

General Registration Fee

Required for in-person attendees.

NYSBA Members$220
Non-members$305

+plus…

$120 Program Registration Fee

Wednesday, January 17, 2024

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

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

Helene Hechtkopf | Hoguet Newman Regal & Kenney, LLP New York, NY

8:45 a.m. – 9:45 a.m.

Everything You Wanted to Know About Bankruptcy But Were Afraid to Ask

Description: The panel will provide a high level overview of the bankruptcy process for the benefit of non-bankruptcy litigators. The discussion will cover not only bankruptcy basics such as the significance of the petition date, the impact of the automatic stay, and the plan process, but also strategies for creditors including seeking relief from the automatic stay, actions against non-debtor guarantors, rights of contract and lease parties, moving to dismiss a case, and other key strategies for creditors to enforce their rights.

Speaker

Alan J. Brody | Greenberg Traurig LLP New York, NY

Sheryl Giugliano | Ruskin Moscou Faltischek PC New York, NY

Honorable Jil Mazer-Marino | US Bankruptcy Court Eastern District of New York

Fred Stevens | Klestadt Winters Jureller Southard & Stevens, 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 Supreme Court Outlawed Affirmative Action in College Admissions: What That Means For Private Employers

In the wake of the U.S. Supreme Court’s decision outlawing race-based admissions practices and a significant uptick in attacks on the DEI practices of employers around the country, lawyers and their clients need to understand the contours of the developing law and be able to assess the risk associated with various practices. This panel will discuss practical issues faced by private employers on a daily basis as well as the legal construct under which these issues are analyzed.

Speaker

Jill Rosenberg | Orrick Herrington & Sutcliffe LLP New York NY

Louis P. DiLorenzo | Bond, Schoeneck & King PLLC New York, NY

Paula Edgar | PGE Consulting Group LLC New York, NY

Moderator

Robert Holtzman | Kramer Levin Naftalis & Frankel LLP New York, NY

1.0 Credit in Areas of Professional Practice

10:45 a.m. – 10:55 a.m.

Break

10:55 a.m. – 11:50 a.m.

CPLR Update for Commercial Litigators

Amongst other updates, discussion of the change to CPLR R 2106 beginning on January 1, 2024. Does the change allow “any person” to submit an affirmation of service as opposed to an affidavit of service (referencing CPLR 306(d))?

Speaker

David P. Horowitz | Law Offices of David Paul Horowitz, PLLC Bronx, NY

1.0 Credit in Areas of Professional Practice

11:50 a.m. – 12:00 p.m.

Concluding Remarks
Speaker

Helene Hechtkopf | Hoguet Newman Regal & Kenney, 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
Presentation of the Stanley H. Fuld Award to Chief Judge of the Court of Appeals Rowan D. Wilson