Publication: Commercial and Federal Litigation Section Newsletter

Under Consideration Clearbrief: A Clear Winner

If you are a litigator who despises the tedious, time-consuming, mind-numbing aspects of drafting and preparing the factual record in support of briefs, outlines, timelines, etc., then you will want to try Clearbrief, an artificial intelligence add-in to Microsoft Word that promises big results: “Flawless work product without the drudgery.” (Clearbrief homepage.) Is that promise … Continued

Chatbot Program at the AAA

Sponsored by the Commercial and Federal Litigation and the Dispute Resolution Sections On May 7, two Commercial and Federal Litigation (ComFed) Section committees co-sponsored a program on “The Uses and Abuses of Chatbots: Live Demo and Review of Ethics Rules.” The committees were the Privacy, Data Security & Information Technology Litigation Committee (Co-chairs Ralph Carter … Continued

Tech Topics: Blueprint for an AI Bill of Rights

In April 2024, the NYSBA Task Force on Artificial Intelligence released a report detailing the evolution of AI, its benefits and risks, impacts on the legal profession, and existing legislation regarding the technology. The report demonstrates that the U.S. legislative and regulatory framework for AI has not advanced significantly since President Biden issued his Blueprint … Continued

Artificial Intelligence and the Law

The NYSBA Commercial and Federal Litigation Section Spring Meeting 2024 kicked off with a panel discussion on Artificial Intelligence and the Law. A panel comprising Hon. Mary Kay Vyskocil (United States District Judge, Southern District of New York), Hon. James M. Wicks (United States Magistrate Judge, Eastern District of New York), Ralph Carter (Senior Counsel, Litigation and Cybersecurity Legal, Workday), Moya Novella (Senior … Continued

2024 Amendments to the Uniform Rules for Supreme and County Courts, Rules Governing Appeals, and Certain Other Rules of Interest to Civil Litigators

(West’s 2024 N.Y. Orders 1-18; Adopted Rules on OCA website, at http://ww2.nycourts.gov/rules/comments/index.shtml; amended rules on appellate court websites) 22 N.Y.C.R.R. § Court Subject (Change) Link to Order Eff. Date Part 52 All Establishes procedure for ex parte requests for judicial accommodation by persons with a disability https://www.nycourts.gov/LegacyPDFS/rules/comments/orders/Part52-AO.pdf 2/16/24 Part 53 Sup. Adds a rule on coordination of … Continued

The Use of Special Masters—A Case Study: In Re Opioid Litigation

On May 7, 2023, the Commercial and Federal Litigation Section closed out its Spring 2024 Meeting with a panel concerning the use of special masters in the Coordinated Opioid Litigation in New York (the “Litigation”). Justice Jerry Garguilo, who served on the bench of the Suffolk County Supreme Court, managed the Litigation and participated on the … Continued

Proposed Rules of Interest to Civil Litigators (2023-2024)

(http://ww2.nycourts.gov/rules/comments/index.shtml) Note: The comment periods for the following proposed rules have expired, except as noted. Comments must be submitted to [email protected]. July 19, 2024: Request for Public Comment on proposal to amend 22 N.Y.C.R.R. § § 202.5(e) & 208.4(b) in relation to the sealing of name and sex designation change proceedings. requestforpubliccommnent-name&sexdesignationchange-071924.pdf (nycourts.gov) Email comments … Continued

Privilege Issues in Litigation: A Master Class

While most lawyers are well versed with respect to the basic principles governing the invocation of the attorney-client and work product privileges, there are times when determining what is—and is not—privileged becomes exceedingly difficult. This master class tackled those complexities and tested the audience’s knowledge of the governing attorney-client and work product principles at play. … Continued

More of What You Wanted To Know About Bankruptcy but Were Afraid To Ask

Nicknamed “Bankruptcy 202,” this Spring Meeting CLE program took up where the January 2024 Annual Meeting program on bankruptcy left off. The panel featured the same four engaging and impressive speakers: Moderator Hon. Jil Mazer-Marino, U.S. Bankruptcy Court, EDNY; Creditors’ Rights and Bankruptcy Litigation Committee Co-Chairs Alan J. Brody of Greenberg Traurig and Sheryl Giugliano of Ruskin Moscou Faltischek; and … Continued