Publication: Commercial and Federal Litigation Section Newsletter

Case Comment Campbell v. The Bloom Group, 2023 BCCA 84

Fairness requires that parties both understand and be understood in proceedings that affect them. This is a fundamental principle of natural justice.1 In Canada, the Canadian Charter of Rights and Freedoms provides for the right to use an interpreter where a party or witness “is deaf” or does not understand or speak the language of … Continued

Tech Topics: Post-Pandemic Litigation in New York Courts

Ed.’s Note: This issue of the Newsletter brings you the first “Tech Topics” column. The column is meant to help section members incorporate technology as effectively as possible into the practice of law. Topics can range from the new New York State virtual court interface, to benefits and drawbacks of video depositions, to incorporating digital demonstrative evidence … Continued

Proposed Rules of Interest to Civil Litigators (2022-2023)

(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]. October 18, 2023: Request for Public Comment Regarding Standardized Notice of Petition Forms Outside of New York City nycourts.gov//legacypdfs/rules/comments/pdf/noticeofpetitionformoutsidenyc-101823.pdf Comment deadline: December 1, 2023 October 5, 2023: Request for Public Comment on Amending 22 … Continued

Observational Notes: Kings County Meet and Greet

On June 21, 2023, the Commercial and Federal Litigation Section of the New York State Bar Association hosted a meet and greet as well as a panel discussion featuring justices from the Kings County Commercial Division. The event took place at the stately Brooklyn courthouse for the Appellate Division, Second Department. The distinguished guests included … Continued

Observational Notes: International Litigation: Recognition and Enforcement of Foreign Commercial Arbitral Awards in the United States

The International Litigation Committee offered an online program aimed at increasing knowledge of thorny issues encountered when enforcing foreign arbitral awards in the United States. The panel, held on December 1, 2022, featured the Hon. P. Kevin Castel, senior judge of the United States District Court for the Southern District of New York and past … Continued

Observational Notes: Comprehensive Annual Training for Litigators Representing Clients in Arbitration and for Arbitrators

On July 17-19, 2023, NYSBA conducted its 13th annual Commercial Arbitration Training in person at the Benjamin N. Cardozo School of Law, with a Zoom option. Organized by Charles Moxley and Jeffrey Zaino, co-chairs of ComFed’s Committee on Arbitration and ADR, and by arbitrators Edna Sussman and Lea Haber Kuck, and brilliantly administered by Simone … Continued

Observational Notes: Civil Prosecution Committee CLE—Using the False Claims Act To Fight Customs Fraud: What You Need To Know

On July 10, 2023, the Civil Prosecution Committee hosted a virtual continuing legal education program entitled “Using the False Claims Act To Fight Customs Fraud: What You Need To Know.” The program featured speakers Li Yu and Ellen London, two former assistant U.S. attorneys who currently work in private practice. Li Yu is a partner … Continued

Observational Notes: Arbitration and Mediation 2023: Fulfilling the Promise—Getting Matters Resolved in a Timely and Efficient Way in Today’s World

A Successful All-Day Virtual NYSBA Program On June 15, 2023, the Commercial and Federal Litigation Section of the New York State Bar Association, in partnership with Fordham University Law School, hosted a highly successful all-day virtual program. The program featured five expert panels and a captivating keynote address. This marked the seventh year of the … Continued