Commercial And Federal Litigation & Dispute Resolution Sections Joint Spring 2023 Meeting

Group hotel room reservation link: https://group.curiocollection.com/jnoxqd 

Please use "Edit Stay" to modify arrival & departure dates if needed.

To reserve by phone, call 215-963-1500 and follow the prompts to make a new reservation, please provide the group code GCFLS.
The room block will close on April 13 unless sold out sooner.

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Attorneys in their first ten years of practice attend for only $415! You can choose this option once you click the "register" button. If you need assistance, please contact our Member Resource Center team at 800.582.2452.
Please note: Once you click the "register" button, you will see all of the registration options, including guests, children, single and group table reservations, etc. Children and non-CLE activities will be posted as soon as they are contracted. Meal options will be emailed to all attendees once they register.
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DRAFT AGENDA
Please note that there may be minor changes posted. Faculty will be added as they are confirmed.

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Friday, May 5, 2023
Evening Welcome Reception, followed by joined Commercial and Federal Litigation and Dispute Resolutions Sections dinner. All registrants and their guests welcome!

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Saturday, May 6, 2023
9:00 a.m. – 10:20 a.m.
The Litigation-Arbitration Debate

A discussion among corporate in-house counsel, judges, former judges who have become ADR practitioners and private litigators regarding the advantages, disadvantages and other considerations that inform the decision to litigate in court or to engage in arbitration.  

This two-part panel will include first a presentation regarding the characteristics of arbitration that lead in-house counsel to select it, such as the limited ability to appeal arbitration awards, the confidentiality afforded by arbitration, the potential restrictions on the scope of discovery, and expense saving. 

The second part of the panel will address the characteristics of in-court litigation and the circumstances under which an in-house counsel might select court litigation over arbitration, such as the desire to make “good law” in the “right” cases, the ability to dispose of a case by motion, and the benefits that public filing and open court proceedings may bring in certain circumstances.

1.0 Credit in Areas of Professional Practice; 0.5 Credit in Skills

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10:30 a.m. – 11:30 a.m.
THERE HAS TO BE A BETTER WAY: Changing How We Practice to Obtain Professional Satisfaction 

Numerous factors can drive attorneys, particularly litigators, to leave the practice of law: dealing with a demanding familial situation, caring for an aging parent or a young child, frequent travel, lengthy trials or arbitrations, the demands of business development, long hours, and relentless stress.  

This panel will comprise a candid and thorough discussion of how litigators at all stages of practice can create a working atmosphere that embraces diversity of all kinds and promotes workplace integrity and professional satisfaction.The panel will discuss the structural and cultural changes law firms can make to keep more practitioners engaged and productive, including effectively leveraging work-from-home policies and other benefits that promote a flexible working environment  

The panel will suggest practical steps to implement and other professional development training that firms can provide to its litigators.

This panel also will consider the unique roles that courts and ADR practitioners can play in effecting change.  

1.0 Credit in Skills

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11:40 a.m. – 12:40 p.m.
Court-Annexed Mediation and Presumptive ADR

Perspectives from litigators, judges and mediators on the types and nature of the mediation programs available in the U.S. District Courts in New York and   the Commercial Division of the New York State Supreme Court.  

The discussion will include an overview of the mediation referral process (and tips for navigating the various courts programs), issues to consider in the selection of the mediator, how to effectively prepare and participate in the mediation, and strategizing next steps if the mediation is unsuccessful.  

The panel also will delve into the practical and strategic advantages and disadvantages of early mediation.

1.0 Credit in Skills 

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Sunday, May 7, 2023

9:00 a.m. – 10:00 a.m.
Litigating, Arbitrating and Mediating for High Profile Clients 

A discussion of how litigation poses particular challenges for clients in the public eye (both individuals and institutions), and whether the practitioner should consider arbitration or mediation as an alternative to litigation.  

This panel will address the considerations involved in these representations, including the heightened measures that may be necessary to protect confidentiality, what to do when the press is involved (and how to manage your client’s reputation in the court of public opinion), preventing jury bias and the role that ADR can play in ensuring a confidential and fair outcome for your client.  The panel also will discuss how these issues are applicable to all clients.

0.5 Credit in Areas of Professional Practice; 0.5 Credit in Ethics

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10:00 a.m. – 11:20 a.m.
Artificial Intelligence in Litigation, Arbitration and Mediation

An exploration of the ways that artificial intelligence (AI) can facilitate effective litigation strategy, and the times that it may not further your client’s interests.  The panel will consider the role of AI-enabled software and other technologies in litigation, arbitration and mediation. 

Learn about the uses (and potential pitfalls) of AI tools like Chat GPT and online AI-assisted dispute resolution.  

The panel also will consider how client information and confidences can be maintained appropriately when using AI-based technologies.  

1.5 Credits in Cybersecurity

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If you are having any trouble registering or logging into your NYSBA account, please contact our Member Resource Center at 800-582-2452.

Cancellations received more than 10 days from the scheduled event date-100% refund

Cancellations received between 5-10 days from the scheduled event date-50% refund

Cancellations received less than 5 days before the scheduled event date-No refund