Archives: Articles

Collaborative Law and Collective Bargaining: Can It Work?

Introduction A few years ago, I was exposed to the concept of collaborative law and immediately recognized its possible application beyond family law matters. As a labor attorney, I recognized the similarities between resolving potentially acrimonious family matters and tense labor-relations and collective bargaining disputes. This article reflects what I have learned about collaborative law. … Continued

BAAYÁTI’ – Indigenous Dispute Resolution of the Diné (Navajo) People

Introduction The Navajo Nation is the largest indigenous tribe within the United States in terms of land mass (over 27,000 square miles) and tribal membership (over 400,000).1 In our language, we refer to ourselves as Diné and many members still speak our language exclusively. We still maintain many of our traditional practices such as the variety of healing … Continued

Using Claude.ai in Your Legal Practice: What Works, What Doesn’t, and What You Need To Know

If you’ve been hearing about Claude.ai and wondering whether it belongs in your legal practice, you’re not alone. As artificial intelligence tools become more sophisticated, many attorneys are asking how to use them effectively while maintaining professional standards. This article offers practical guidance on implementing Claude.ai in your practice, focusing on what it does well, … Continued

Surrogate Courts and Business Divorces: The Interplay Between the New York Supreme Courts and Surrogate Courts on Business Divorce Issues

The Commercial and Federal Litigation Section of the New York State Bar Association proceeded with its morning live CLE program featuring a segment titled, “The Interplay Between the NY Supreme Courts and Surrogate Courts on Business Divorce Issues,” with panelists Hon. Timothy S. Driscoll, a justice in the Supreme Court of Nassau County, New York … Continued

Remarks Upon Receiving the Fuld Award

Thank you, Rich, for that very kind introduction. As you might surmise, the court on which I sit has a long and well-deserved reputation for collegiality. In fact, one of the great joys of serving on the Court of Appeals for these 18 years has been the opportunity it affords to work with colleagues and … Continued

Proposed Rules of Interest to Civil Litigators (2024-25)

Proposed Rules of Interest to Civil Litigators (2024-25) (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. February 7, 2025: Proposal to amend Rule 11 of the Rules of the Commercial Division (22 N.Y.C.R.R. § 202.70) to require certain initial disclosures. https://www.nycourts.gov/LegacyPDFS/rules/comments/pdf/RequestForPublicComment-CommercialDivision-InitialDisclosures-020725.pdf. January … Continued