On Wednesday, January 15, the Commercial and Federal Litigation Section of the New York State Bar Association awarded the 2025 Stanley H. Fuld Award to the Honorable Debra Ann Livingston at its annual luncheon meeting. The midday ceremony began with a welcome from Section Chair Michael Cardello III and opening remarks by NYSBA President Domenick … Continued
CPLR Amendments: 2024 Legislative Session (2024 N.Y. Laws ch. 1-679) 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. 1/30/24 306(b) 473(2) Replaces sex and color of skin with the process server’s perception … Continued
The Commercial and Federal Litigation Section’s Annual Meeting program began with a CLE titled “The Legal Landscape of Employee Restrictive Covenants in New York and Beyond.” The panelists of this CLE included Honorable Laura Taylor Swain, Chief Judge, U.S. District Court for the Southern District of New York; Honorable Joel M. Cohen, Supreme Court of … Continued
(West’s 2025 N.Y. Orders 1-4; 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 202.70(b) Sup. Sets monetary threshold for Commercial Division cases seeking equitable and declaratory relief. https://www.nycourts.gov/LegacyPDFS/rules/comments/orders/AO%2038.pdf 3/31/25 850.4(d)(1) 3d Dep’t Reduces number of copies of proposed amicus curiae … Continued
(West’s 2024 N.Y. Orders 1-23; 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 … Continued
On November 13, 2024, the section’s annual Taking the Lead CLE showcased women commercial litigators through the re-enactment of an actual civil trial with senior female litigators representing one side and junior female litigators representing the other. On the plaintiff’s side were Kathleen Fitzpatrick, founding attorney, KRF Legal; Amanda Leone, partner, Tannenbaum Helpern Syracuse & … Continued
On January 14, 2025, the General Practice Section met for its Annual Meeting. The meeting was conducted jointly with the 50+ Section and the Committee on Professional Discipline. It was jam-packed with valuable and topical content from a panoply of illustrious speakers. The first substantive presentation was “View From the Bench: Guidance From a Former … Continued
Your withdrawal from ongoing litigation can be a tricky path to navigate: you must comply with ethical guidelines and avoid compromising your client’s case, while trying to ensure receiving compensation for the value you provided to the client. As with any litigation, a successful outcome starts with proper planning. Good client screening and a well-drafted … Continued
The legal profession is at a technological inflection point where artificial intelligence tools rapidly transform practice realities. While there has been significant discussion of AI ethics in New York, primarily through the NYSBA Task Force on Artificial Intelligence and Formal Opinion 2024-5, a critical gap exists between understanding ethical obligations and having the technical literacy … Continued
A home improvement contractor sued a homeowner for breach of contract. The plaintiff-contractor alleged that it agreed to perform renovation and construction services for the defendant-homeowner, performed the labor and furnished all materials, and was not paid for the job. A jury trial was held where the jury determined that the defendant breached the contract … Continued