Publication: Commercial and Federal Litigation Section Newsletter

Message From the Outgoing Chair

As many chairs before me have observed, a year goes by with breathtaking speed. In fact, it seems impossible that twelve months have passed since Ignatius Grande handed over the reins of this fantastic and vibrant section to me. As I have been reflecting on my tenure and all that has been accomplished throughout the … Continued

Message From the Incoming Chair

As the 36th chair of the Commercial and Federal Litigation Section of the New York State Bar Association, it is my honor to write this message. I cannot begin without first thanking the immediate past chair, Anne Sekel, for her leadership and dedication to ComFed during this past year. Throughout her tenure, Anne’s leadership fostered … Continued

Emotional Intelligence, Mental Health and Success in Litigation

Did you know that litigators are among the most anxious and depressed lawyers in the profession, or that May is Mental Health Awareness Month? Michael Cardello, Program Chair, started a meaningful and empathetic panel discussion about the current mental health crisis. Viktoriya Liberchuk, Associate at Farrell Fritz, introduced the speakers and moderated the sensitive topics presented by Kerry … Continued

CPLR Amendments: 2024 Legislative Session

(2024 N.Y. Laws ch. 1-213) CPLR Chapter (Part) (Subpart, Item, §) Change Eff. Date 213-c(b) 23(39) Adds additional crimes to 20-year statute of limitations 1/30/24 215(8)(b) 23(40) Adds a crime formerly defined in Penal Law § 130.50 1/30/24 506(b)(5) 91(1) Adds venue provisions for proceedings challenging apportionment by the Legislature 2/28/24 3102(e) 101(4) Adds a … 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

Observational Notes: Former Section Chair Tracee Davis and Others Honored at Taking the Lead 2023

On the evening of November 16, 2023, the Commercial and Federal Litigation Section hosted the annual event “Taking the Lead 2023: Empowering Women Lawyers in Commercial Cases; Winning Strategies and Techniques.” The event, held at the Ceremonial Courtroom of the Daniel Patrick Moynihan U.S. Courthouse, showcased the skills of women commercial litigators through a mock … Continued

Message From the Chair

Greetings, Section members and friends! Welcome to the spring edition of the Commercial and Federal Litigation Section Newsletter. As you will see, ComFed has been busy. I am so proud of the work that we have accomplished as a Section over the past few months. It is a true testament to the deep bench of talented … Continued