Commercial & Federal Litigation Section Spring Meeting 2022

New York State Bar Association

Commercial & Federal Litigation Section Spring Meeting 2022

6.0 MCLE Credits

3.5 in Areas of Professional Practice; 1.0 in Diversity, Inclusion, & Elimination of Bias; 0.5 in Ethics, 1.0 in Skills

Friday, May 13, 2022

3:00 p.m. - 9:30 p.m.

3:00 p.m. – 6:30 p.m.           Registration – Loews Lobby

4:00 p.m. – 5:00 p.m.           Young Lawyers Section Meeting – Yale Princeton Room

6:30 p.m. – 7:30 p.m.           Cocktail Reception – Carrier Ballroom Foyer

7:30 p.m. – 9:30 p.m.           Dinner – Carrier Ballroom

Dinner Speaker: Prof. Muna B. Ndulo, Cornell Law School, Ithaca, NY

Saturday, May 14, 2022

8:45 a.m. – 12:30 p.m.

8:00 a.m.                             Registration – Loews Lobby

8:00 a.m.                             Continental Breakfast with Exhibitors – Carrier Ballroom Foyer

8:45 a.m. – 12:30 p.m.         General Session – Carrier Ballroom

8:45 a.m. – 9:00 a.m.           Opening General Session Remarks – Daniel K. Wiig, Esq., Section Chair

                                            Program Overview – Ignatius Grande, Esq., Section Chair-Elect and Spring Meeting Chair

9:00 a.m. – 10:15 a.m.         Addressing New Technologies in Commercial Disputes & Investigations

Just about every commercial dispute is impacted in some way by new technologies. This panel will discuss examples of how these technologies are impacting litigations and arbitration, including discussion of recent case law. Topics that will be discussed include:

·       Cryptocurrency disputes

·       Ephemeral messaging

·       Hyperlinks in Client Documents (i.e., Google Doc/OneDrive, etc.)

·       Use of Zoom and Microsoft Teams

Moderator:

Ralph J. Carter, Esq., Senior Counsel, Litigation & Cybersecurity, Workday; New York, NY

Panelists:

Michael Farina, Esq., Robert & Robert, PLLC, Uniondale, NY

Peter Kamminga, Esq., Ph.D., JAMS, New York, NY

Scott L. Malouf, Esq., Office of Scott L. Malouf, Pittsford, NY

(1.5 Credits in Areas of Professional Practice)

10:15 a.m. – 10:25 a.m.       Refreshment Break

10:25 a.m. – 11:15 a.m.       How Law Firms and Attorneys Can Help Foster Diversity & Inclusion in the New Normal

We have all lived through a pandemic that lasted much longer than initially anticipated. Many of us worked remotely on a regular basis for long periods of time. Many younger associates have spent long portions of the past two years working remotely and they have not had the in-person interactions and impromptu networking that associates generally have the opportunity to experience.

A panel that will include diversity officers, a partner, and an associate will discuss these issues and more.

·       How has remote working impacted law firms’ diversity and inclusion efforts?

·       What can small, medium, and large firms be doing to address any inequities that may result from remote working and the current hybrid workplace arrangements?

·       As we return to the office more regularly in the coming months, what measures can law firms engage to provide fair opportunities for all of their associates?

·       What are some ways to address work allocation in a world where some attorneys spend more time working remotely than in person?

Moderator: Deborah Martin Owens, Esq., Vinson & Elkins LLP, New York, NY

Panelists:

Courtney E. Finerty-Stelzner, Esq., Getnick & Getnick LLP, New York, NY

Maryana Kodner, Esq., Getnick & Getnick LLP, New York, NY

Mahnoor Misbah, Esq., Morrison Cohen LLP, New York, NY

(1.0 Credits in Diversity & Inclusion)

11:15 a.m. – 12:30 pm         Expert Witness Best Practices in Federal Court & the Commercial Division

Expert witnesses are an important part of the litigation process in any court. This panel will discuss expert witness best practices in federal court and the Commercial Division and will address the following issues:

·       What are the procedural and substantive differences between New York and federal practice as it relates to expert witnesses?

·       Is there a difference in how experts are viewed in bench trials v. jury trials?

·       How can experts be used to win or settle cases?

·       When is the right time to engage an expert witness?

·       What are some best practices for counsel when preparing an expert at trial?

·       How to steer clear of ethical minefields.

·       Ethical considerations

Speakers:

Tom M. Fini, Esq., Catafago Fini LLP, New York, NY

Hon. Deborah H. Karalunas, Onondaga County Supreme Court, Commercial Division, Syracuse, NY

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

Hon. James M. Wicks, United States District Court for the Eastern District of New York, New York, NY

(1.0 Credit in Areas of Professional Practice, 0.5 Credit in Ethics)

12:30 p.m. – 2:00 p.m.        Buffet Luncheon (for all attendees, spouses, guests, children) – Carrier Ballroom

2:00 p.m. – 6:00 p.m.          Afternoon Free for Recreation/Golf

6:30 p.m. – 7:30 p.m.          Cocktail Reception and Finger Lakes Wine Tasting – Carrier Ballroom Foyer

7:30 p.m. – 9:30 p.m.          Gala Dinner – Carrier Ballroom

Wine at dinner is provided by Lakewood Vineyards, a family-owned, Finger Lakes winery that has been in operation since 1988. Learn more at www.lakewoodvineyards.com.

Presentation of the Robert L. Haig Award for Distinguished Public Service

Recipient: Hon. Rolando T. Acosta, New York Appellate Division of the Supreme Court, First Judicial Department

10:00 p.m.          Pub Crawl Sponsored by Young Lawyers Section – Meet in Hotel Lobby

Sunday, May 15, 2022

9:00 a.m. – 10:40 a.m.

8:30 a.m.                             Registration – Loews Lobby

8:30 a.m.                             Continental Breakfast with Exhibitors – Carrier Ballroom Foyer

9:00 a.m. – 10:45 a.m.         General Session – Carrier Ballroom

9:00 a.m. – 9:05 a.m.            Opening Remarks

9:05 a.m. – 10:55 a.m.         Practice & Procedures Contrasted: NYS Commercial Division & Delaware Chancery Court

Using a hypothetical fiduciary duty dispute, this panel will present a comparative analysis of practice in the Delaware Chancery Court and the New York Commercial Division, with an emphasis on comparing the practices and procedures, both formal and informal, in both jurisdictions. Issues to be discussed will include filing strategy, seeking a temporary restraining order, oral argument, expedited discovery and the holding of a preliminary injunction hearing.

Speakers:

Hon. Melissa A. Crane, New York State Supreme Court, Commercial Division, New York, NY

Jonathan D. Lupkin, Esq., Lupkin PLLC, New York, NY

Oderah C. Nwaeze, Esq., Faege Drinker Biddle & Reath LLP, Philadelphia, PA

Vice-Chancellor Lori W. Will, Delaware Court of Chancery, Wilmington, DE

(1.0 Credit in Areas of Professional Practice, 1.0 Credit in Skills)

10:55 a.m. – 11:00 a.m.              Closing Remarks

Commercial & Federal Litigation Section Chair

Daniel K. Wiig, Esq., City University of New York, New York, NY

Program Chair:

Ignatius A. Grande, Esq., Berkeley Research Group, New York, NY