Taking the Lead 2023: Winning Strategies and Techniques

From November, the Commercial & Federal Litigation Section held the Taking the Lead 2023: Winning Strategies and Techniques event in New York City. The Hon. Shira A. Scheindlin Award for Excellence in the Courtroom was awarded to Tracee Davis, Esq. of Seyfarth Shaw.

Save the Date!

Comfed Spring 2024

Stay tuned, more information to come soon!


The Commercial and Federal Litigation Section was established in 1988, and Robert L. Haig served as the first chair.  The Section’s Bylaws state:

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

a) Developing relationships and sharing practice experiences with fellow commercial and federal litigators, state and federal judges, and regulatory and administrative bodies;

b) Establishing committees for the purpose of promoting research, analysis, and discussion on relevant current issues affecting commercial and federal litigation;

c) Influencing and proposing legislation affecting commercial and federal litigation;

d) Developing continuing legal education programs on topics relevant to commercial and federal litigation; and

e) Providing networking opportunities for its members.

Membership in the Section and participation in our events affords litigators a unique opportunity to interact with the judiciary and to keep abreast of developments in our courts.   Judges regularly address our monthly Executive Committee Meetings, and many judges attend our Annual Meeting in January and our destination Spring Meeting in May.  At our Annual Meeting, we confer the Fuld Award on a member of the legal profession who has significantly contributed to the practice of commercial law and litigation in New York.  At our Spring Meeting we confer the Haig Award, named in honor of our first Section Chair, given to a long-standing member of the legal profession who has rendered distinguished public service.  The Section holds Bench and Bar meetings throughout the State to bring our members together with the Judges of the Commercial Divisions and federal District Courts.  Members of the Section typically can meet all of their CLE requirements by attending Section events.

While the Section and its Committees comment on many different issues facing the courts in which we practice, one of our most timely and noted contributions has been the Section’s Social Media Ethics Guidelines.  The Section’s Guidelines have been quoted in opinions by ethical bodies throughout the nation and have been widely followed by other bar associations.

The Section has been integrally involved with the establishment of the Commercial Division in New York Supreme Courts around the state, and with the development of rules of practice in the Commercial Divisions.  Justices assigned to Commercial parts regularly participate in our meetings and events.

The Section is committed to diversity and inclusion.  The Section’s Women’s Initiative Task Force has authored two ground-breaking reports about women attorneys in New York State courtrooms.  In 2017, the Task Force published “If Not Now, When? Achieving Equity in the Courtroom and in ADR,” and in 2020 published “The Time is Now: Achieving Equality for Women Attorneys in the Courtroom and in ADR.”  The leadership of the Section has publicly committed to supporting the recommendations of the Task Force in law firms, in-house legal departments, the judiciary and the public sector.

The Section honors its commitment to diversity and inclusion through awards and scholarships.  Each year, the Section awards the Shira A. Scheindlin Award for Excellence in the Courtroom to a female litigator who has distinguished herself in the courtroom in the Federal or State courts.  The Award is named for our former Section Chair, the Hon. Shira A. Scheindlin (Ret.).  The Section also awards the George Bundy Smith Pioneer Award to recognize legal excellence, community commitment and mentoring. The Section awards the Judith S. Kaye Commercial and Federal Litigation Scholarship to female attorneys who have practiced commercial litigation for between two and ten years and a Diversity Fellowship to a diverse first year law student to work in a litigation position in the public sector.

The Section is particularly interested in involving more young attorneys.  Membership in the Section provides younger attorneys with the opportunity to network with more senior litigators and to meet members of the judiciary in informal settings.  Membership on Section Committees offers younger attorneys the opportunity to work with some of the most noted attorneys in our profession on issues facing litigators in the Commercial and Federal courts of New York.

 

Contact the Commercial and Federal Litigation Section Liaison

To learn more about this Section, please contact Simone Smith
[email protected]
(518) 487-5593

Please do not contact the Section liaison with a request for legal advice or an attorney referral. You can instead visit our ‘Public Resources’ or ‘Lawyer Referral Service’ page for this type of request.

Anne Sekel

Anne B. Sekel

Partner, Foley & Lardner LLP

Anne B. Sekel is a partner and litigation lawyer with Foley & Lardner LLP. She serves as the managing partner of the firm’s New York office. Anne also is the New York City office chair of the Litigation Department and the Litigation Department’s Training Partner.

Anne has experience assisting clients with a broad range of litigation matters, including employment discrimination and retaliation, trade secrets/non-competes, commercial and financial fraud, breach of contract, and insurance broker professional liability claims. Anne is a member of the firm’s Business Litigation & Dispute Resolution and Labor & Employment Practices.

Anne has successfully represented clients in all phases of commercial disputes, ranging from pre-litigation dispute resolution through trial or arbitration.

Anne has been active in leadership roles within the firm throughout her career, having served first as the representative of the New York Office on the firm’s Associates Committee and then as the Committee’s national chair, as well as serving as a representative on the firm’s Women’s Network. She also frequently works on the firm’s loss prevention and professional responsibility matters.

Representative Experience:

  • Won a jury trial in a Title VII gender discrimination case in the Eastern District of New York
  • Won a jury trial in a professional negligence and breach of contract action in New York State Supreme Court, Westchester County
  • Obtained dismissal on summary judgment of age discrimination claims in New York State Supreme Court, Queens County
  • Successfully negotiated favorable settlements of a broad range of claims asserted against a global provider of risk management, insurance and reinsurance brokerage, and human resources solutions and outsourcing services

Community Engagement:
Anne also devotes a considerable amount of time to various pro bono efforts. She has represented an individual from The Gambia in a defensive asylum application, as well as represented a death row inmate in his post-conviction efforts to have his death sentence vacated. In addition, she represents a non-profit organization that partners with artisans in developing economies to help them build sustainable and ethical businesses.

Online Community

NY Litigator Vol 28 No 2

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 Moshe Boroosan of Helbraun Levey, 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 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.

ComFedNews 2023 vol 29 no 3 final_WEB

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.

Commercial & Federal Litigation Newsletter Submission Details

  1. Must be submitted in Word.
  2. Must be submitted to the Publications Committee chairs (see below).
  3. Must include a two sentence bio (no longer) at the end.
  4. May include a headshot (JPG or other similar format; usually those downloaded from a website lack sufficient resolution).
  5. Should be about 4 double spaced pages, unless the Committee chair has approved a longer article (typically, either a more substantive article (for example, on new CD rules) or one covering a larger event, like the annual meeting).
  6. Remembering this is a newsletter and not a journal, try to keep footnotes to a minimum, except in a substantive article, and even then probably no more than a dozen.
  7. Pictures must have captions, unless it is a photo spread, e.g., of the annual or spring meeting. Probably the easiest way to give captions is to include in the cover email the number of the picture and the caption, e.g.: “Img21345 – l to r, Justice XX, Section Chair JJ, Program Chairs ABC and XYZ.” That makes it easy to match up the caption with the picture and minimizes the chance of errors.

Newsletter submissions should be sent to the Publications Committee Chairs: Marcella Jayne ([email protected]) and Katharine Santos ([email protected])

Author Guidelines

NYSBA has created comprehensive author guidelines, with information regarding our reprint policy, style guidelines, and obtaining MCLE Author Credits.

Executive Committee Meeting Minutes

2023 REPORTS

2022 REPORTS

2021 REPORTS

2020 REPORTS

2019 REPORTS

2018 REPORTS

2017 REPORTS

2016 REPORTS

2015 REPORTS

2014 REPORTS

2013 REPORTS

2012 REPORTS

2011 REPORTS

2010 REPORTS

2009 REPORTS

2008 REPORTS

2007 REPORTS

2006 REPORTS

Commercial & Federal Litigation Section Committee

Awards

For questions regarding awards and scholarships, please contact Simone Smith at [email protected]

STANLEY H. FULD AWARD

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 1
Date Presented: During the Section’s Annual Meeting Program in January

ROBERT L. HAIG AWARD

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

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

GEORGE BUNDY SMITH PIONEER

Award Criteria: The award recognizes lawyers who demonstrate commitment to legal excellence, community service and mentoring.
Date Presented: The award is presented at the Section’s Smooth Moves Program

ALCOTT – LEBER – YOUNGER COMMITTEE(S) OF THE YEAR AWARD

Award Criteria: The ComFed Committee(s) that have developed programs or projects that have been innovative, of high quality, and have had or are likely to have an impact on the betterment of the profession, the judicial system, or ComFed/NYSBA itself. Factors in determining the award(s) include, but are not limited to, CLE programming; comments on proposed rules; reports; committee meetings, and social/networking events. The Section may present this award to up to two (2) committees each year.

This award is named after Mark Alcott, Esq., Bernice Leber, Esq., and Stephen Younger, Esq., all of whom served as both Chair of the Commercial & Federal Litigation Section and President of the New York State Bar Association.

Nomination Deadline: April 30

Date Presented: The award is presented at the Section’s Spring Meeting

CHAIR’S AWARD

Award Criteria: The ComFed member or members who, in the discretion of the Chair, has/have demonstrated leadership for, and provided significant contributions to, the Section.  This award is given at the discretion of the Chair.

Date Presented: The award is presented at the Section’s Spring Meeting


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.


Fellowships

KAY CRAWFORD MURRAY COMMERCIAL DIVISION DIVERSITY FELLOWSHIP

The New York Bar Foundation is pleased to offer the Kay Crawford Murray Commercial Division 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.


Mentoring

COMMERCIAL AND FEDERAL LITIGATION SECTION MENTORING COMMITTEE PROGRAM

Looking for a Mentor? NYSBA’s Commercial & Federal Litigation Section is inviting members to participate in our 2022 Mentorship Program.

Program Description: NYSBA’s Commercial & Federal Litigation Section (“ComFed”) is happy to announce the re-launch of its Mentoring Committee Program (the “Program”). The Program, which will run from January 2022 – June 2022, is focused on matching mentors and mentees based not only practice areas but also personal interests in an effort to facilitate lasting and career-long relationships that are personally and professionally compatible. ComFed will sponsor appropriate events for the mentors and mentees during this time to meet the aforementioned objectives.

Please note: In order to be considered for membership in the Program, the applicant must be a member of the New York State Bar Association and Commercial and Federal Litigation Section, so if you’re not already a member…join today.

Deadline: October 30, 2021

Next Steps: Mentees may submit their application below. Space is limited, so not every applicant will necessarily be matched with a mentor. To the extent possible, we will match mentees and mentors located in the same geographical area.

Questions? Contact Program Co-Chair Maryann Stallone: [email protected]


Contests

JUDGE ROBERT A. KATZMANN MEMORIAL ESSAY CONTEST

The Judge Robert A. Katzmann Memorial Essay Contest was created jointly by the Justice For All Initiative of the Federal Courts of the Second Circuit (“Justice For All”) and the New York State Bar Association Commercial and Federal Litigation Section (the “Section”) in honor of the late Judge Robert A. Katzmann, who served as a United States Circuit Court Judge on the Court of Appeals for the Second Circuit from 1999 through 2021, and was that court’s Chief Judge from 2013-2020. Prior to his appointment as a Circuit Judge, Judge Katzmann was a Fellow of the Brookings Institute and a Professor of Law at the Georgetown University Law Center. Judge Katzmann was a great supporter of the Section.

Justice For All will manage the solicitation process for essay submissions by reaching out to New York high school students to provide the Essay Contest criteria, which will focus on civic education, an issue that was near and dear to Judge Katzmann. Justice For All and Section members will review the Essay Contest Submissions and determine the First, Second and Third prize winners. Justice For All and the Section will present the Essay Contest winners with their awards at a reception to be held at the Thurgood Marshall Courthouse. The Section will publish the Essay Contest winners in the Section’s Newsletter.

The Essay Contest Awards will be initially funded through the graciousness and generosity of Judge Shira Scheindlin, the Section’s former Chair, who served as a United States District Judge for the Southern District of New York from 1994 through 2016

Date Presented: April/May

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