Commercial & Federal Litigation Section

2019 Reports

• 2019 Social Media Ethics Guidelines

2018 Reports

• Proposed Amendment to Commercial Division Rule 17, Relating to Word Limits in Papers Filed With the Court
• Proposed Amendment to Commercial Division Rule 11-e, to Address Technology Assisted Review in Discovery
• Proposed New Rule 9-a of the Rules of the Commercial Division, Relating to the Encouragement of Use of CPLR Provisions
  Permitting Immediate Trial or Pretrial Evidentiary Hearing on a Material Issue of Fact
• Proposal to Mitigate Risk Associated with Inadvertent Privilege Waiver During Disclosure
• Proposed Amendment to Rule 3 regarding Selection of Mediators
  

2017 Reports

• Report of the Commercial and Federal Litigation Section In Support of Repeal of Judiciary Law Section 470
• If Not Now, When? Achieving Equality For Women Attorneys In The Court Room and In ADR (Adobe PDF File)
• 2017 Social Media Ethics Guidelines (Adobe PDF File)
• Proposed Amendment of Commercial Division Practice Rules 10 and 11 to Address Alternative Dispute Resolution
• Proposed Revised Model Compliance Conference Stipulation and Order Form for Use in the Commercial Division
• Report of the Commercial and Federal Litigation Section in Support of the ABA Resolution Concerning 28 USC§ 1332
• Report and Recommendations of the NYSBA Committee on the New York State Constitution concerning the Judiciary Article of the New York State Constitution – Opportunities to Restructure and Modernize the New York Courts

2016 REPORTS

• Proposed Amendment to Rule 26 of the Rules of the Commercial Division Addressing the Limitation of Total Hours of Trial
• Proposed Diversity and Inclusion and Elimination of Bias CLE Requirement for New York State Attorneys (Committee on Continuing Legal Education)
• Proposed Amendment to Rule 20 of the Rules of the Commercial Division Regarding Applications for Temporary Restraining Orders
• Proposed Amendment to Rule 6 of the Commercial Division to Permit the Court to Require Hyperlinking in Electronically-Filed Documents
• Pilot ADR Project (Civil Practice Law & Rules Committee)
• Proposed Commercial Division Rule Permitting the Court to Require Certain Direct Testimony to be Submitted in Affidavit Form (Commercial Division Committee)
• Revised Agency Jury Instructions(Pattern Jury Instruction Committee)
• Use of Expert Affidavits in Summary Judgment Motions (Committee on Civil Practice Laws and Rules)
• Proposed Revised Model Preliminary Conference Form for Use in the Commercial Division (Commercial Division Committee)
• Proposed Amendment of Commercial Division Rules (22 NYCRR 202.70(g)) Regarding Memorialization of Rulings in Disclosure Conference (Commercial Division Committee)
• Proposes Amendment to Commercial Division Rules (22 NYCRR 202.70(g)) Regarding Settlement Conferences Before a Justice Other Than the Justice Assigned to Hear the Case (Commercial Division Committee)
• Rule 19 Report (Federal Procedure Committee Report)

2015 Reports

• Social Media Jury Instructions Report (Adobe PDF File)
• Threatening Disciplinary Action Against Attorneys in New York (Adobe PDF File) 
• Rule 68 Report and Rule 68 Addendum (Adobe PDF File) 
• 2015 Social Media Ethics Guidelines (Adobe PDF File) 
• Individual Practices of the Justices of The New York State Commercial Division (Adobe PDF File) 
• Report on the Proposed Amendment to Rule of Professional Conduct 8.4 Regulating Lawyer’s Supervision of Undercover Investigations (Adobe PDF File)
• Commercial Division Relating to Three Aspects of the Eligibility Criteria (Adobe PDF File)

2014 RePorts

• Proposed Commercial Division Rule Change Concerning Sanctions
• Comments on CPLR 3122-a
• Comments on Proposed new Rule of the Commercial Division relating to guidelines for discovery of electronically stored information from nonparties in the Commercial Division of the Supreme Court (Adobe PDF File) 
• The Advisory Council's Proposal Concerning Categorical Privilege Logs (Adobe PDF)
• 2014 Social Media Ethics Guidelines (Adobe PDF File) 
• “Special Masters” Pilot Program (Adobe PDF File)
• Comments on Four Proposals from the Commercial Division Advisory Council (Adobe PDF File)
• “Special Masters” pilot program (Adobe PDF File)
• "Report on the Discrepancies between Federal and New York State Waiver of Attorney- Client Privilege Rules" (Committee on Civil Practice Laws and Rules)

2013 REPORTS

• Report on the Ethical Implications of Third-Party Litigation Funding (Adobe PDF File) 
• Report on District Court Review of Magistrate Judge’s Reports and Recommendations: Should Arguments Not Previously Made to the Magistrate Judge Be Considered (Adobe PDF File)
• Report on Proposed Amendments To Federal Rules of Civil Procedure 1, 4, 16, 26, 30, 31, 33, 34, 36, 37, 84 (Adobe PDF File)
• Report Regarding Proposal to Amend CPLR § 4547 (Adobe PDF File)

2012 REPORTS

• Best Practices in E-Discovery in New York State and Federal Courts Version 2.0(Adobe PDF File
• Guide to United States District and Magistrate Judges in the Southern and Eastern Districts of New York(Adobe PDF File)
• Proposed Jury Instructions(Adobe PDF File)
• New York WARN: A Flawed Statute That Can and Should Be Fixed(Adobe PDF File)
• Stern v. Marshall Report (Adobe PDF File
• Rule 5 of the Federal Rules of Civil Procedure Should Be Revised To Allow For Electronic Service of Papers Without Prior Consent(Adobe PDF File
• Whether The Heightened Pleading Requirements of Twombly and Iqbal Apply to Pleading Affirmative Defenses(Adobe PDF File)
• Report on the American Bar Association’s Proposal for Comment on Choice of Law – Alternative Law Practice Structures: December 2, 2011(Adobe PDF File)
• Faster - Smarter - Cheaper(Adobe PDF File) 

2011 Reports

• Best Practices in E-Discover - Sept. 2011(Adobe PDF File)

2010 REPORTS

• En Banc Review for Intermediate Appellate Courts in New York State(Adobe PDF File)
• Experiments in the Lab: Donnelly Act Diversions From Federal Antitrust Law(Adobe PDF File)
• Criminal Prosecutorial Discretion In The Insider Trading Cases: Let's Look at the Numbers(Adobe PDF File)
• Court-Appointed Receivers in Judicial Dissolutions of Limited-Liability Companies and Partnerships(Adobe PDF File)

2009 REPORTS

• Immigration Appeals in the 2d Circuit(Adobe PDF File)

2008 Reports

• Individual Practices of Judges and Magistrate Judges in the Southern District of New York (Adobe PDF File)
• Report Recommending Certain Amendments Concerning Electronic Discovery (Committee on Civil Practice Laws and Rules) 
• Report Approving Proposal to Amend CPLR 1008 (Ccmmitte on Civil Practice Laws and Rules)

2007 Reports

• Trinko and Beyond - 2007(Adobe PDF File)
• Report to Amend CPLR 2106 re Unsworn Affirmation - April 2007(Adobe PDF File)
• EDNY Local Bankruptcy Rules - February 14, 2007(Adobe PDF File)

2006 Reports

• Report on Certification of Classes Pursuant to FRCP 23(c)(4)(A) - December 2006(Adobe PDF File)
• Rulings in Klein v. Roberts American Gourmet Food, Inc. - November 14, 2006(Adobe PDF File)
• Report on Amendments to CPLR 3101 (a)(4) - November 14, 2006(Adobe PDF File)
• Bank Escrow Deposition Agreement Report - October 12, 2006(Adobe PDF File)
• Review of HF Management Services v. Pistone - October 2006(Adobe PDF File)
• Protecting Employees' Constitutional Rights in Governmental Investigations - September 2006(Adobe PDF File
• Report Opposing ABA Recommendation re Draft Expert Reports... - 2006(Adobe PDF File
• Report in Support of Proposed Revisions to the Lawyers Code of Professional Conduct on Lawyer Advertising - July 25, 2006(Adobe PDF File
• Opposing the Recommendation of the ABA re Communications Between Experts and Attorneys not be Discoverable - July 19, 2006(Adobe PDF File)