Archives: Articles

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 rulecomments@nycourts.gov. 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

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

Message From the Chair

Corporate Counsel Section Members: As I write this, I am halfway through my term as Chair and reflecting on my involvement in the Corporate Counsel Section. My involvement spans more than 15 years and includes prior service as Chair, Editor of Inside, House of Delegates representative, etc. As long as I can remember, an ongoing topic … Continued