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

Under Consideration Book Review of Attorney Escrow Accounts, 5th Edition

The fifth edition of Attorney Escrow Accounts: Rules, Regulations and Related Topics, edited by Peter V. Coffey and Anne Reynolds Copps (the “5th Edition”), is a comprehensive guide to navigating the complexities of handling attorney escrow accounts. Written, edited, and updated by New York practitioners, the 5th Edition tackles the wide range of challenges of attorney … Continued

Tech Topics Key Takeaways From NYSBA Questionnaire Report on Virtual Procedures

I. Introduction In this post-COVID-19 world, practitioners have been fully acquainted with all things “virtual”—conferences, depositions, oral arguments, and trials. While there can be no serious doubt that this technology is here to stay, the question that the Federal Procedure Committee of the NYSBA Commercial and Federal Litigation Section sought to answer was whether lawyers … Continued

Recent Commercial Cases of Interest in the New York Court of Appeals

The New York Court of Appeals is the state’s highest court and regularly resolves questions of import for commercial litigation. The Court has recently considered a number of interesting issues, including the legality of New York City’s property tax system1 and the interpretation of business-interruption insurance in the context of COVID-19 contamination.2 The Court also will impact … 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]. December 28, 2023:  Request for Public Comment on a proposal to add a new Part 53 to the Rules of the Chief Judge continuing the Litigation Coordinating Panel https://www.nycourts.gov/LegacyPDFS/rules/comments/pdf/LitigationCoordinatingPanel.pdf November 16, 2023: Request for Public … Continued