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NYSBA FALL 2001 | VOL. 7 | NO. 1 Commercial and Federal Litigation Section Newsletter A publication of the Commercial and Federal Litigation Section of the New York State Bar Association A Message from the A Message from the Outgoing Chair Incoming Chair I welcome the opportunity, As your incoming Chair, I through this newsletter, to keep want to share with you the the 1,800 Section members excitement I feel about our Sec- informed about Section news tion in the coming year. Thanks and provide information that is to the groundwork done by helpful in daily practice, as the Sharon Porcellio, the Section is dedicated and energetic 2001- in its strongest position in years. 2002 officers assume their new Moreover, I want you to be roles. This issue contains an aware of the dedication and update on Section activities, energy exhibited by the individ- recent CPLR amendments, and uals whom you selected to serve Executive Committee Meeting as officers with me. In addition, summaries. For additional information, including the there are numerous people on the Executive Committee Commercial Division Law Report, please visit the Section who have volunteered and are working hard to make Web site at http://www.nysba.org/sections/comfed. this a great year for our Section. On behalf of the Section, I appreciate your support and This incoming message will have several purposes: welcome your involvement at every level—from read- to recognize certain people, to advise you of new offer- ing the Section’s publications and attending CLE pro- ings by our Section, and to discuss with you certain grams to active committee involvement. goals for our Section. Initially, I want to thank and For those of you looking to offer your talents and praise Cathi Hession, Lew Smoley, Lesley Friedman and energy to a worthwhile endeavor at this time, the Com- Rich Dodge, who are the officers of the Section. Because mercial and Federal Litigation Section offers an opportu- of the creative thinking and drive of Cathi, Lew, Lesley (Continued on page 2) (Continued on page 3) Inside Employment and Labor Relations Committee Conducts Training for the Southern District of New York....................4 Notes of the Section’s Executive Committee Meetings ..........11 (Carrie H. Cohen) 2001 Amendments to the Uniform Rules for Supreme A Toast to Justice Shainswit ..........................................................5 and County Courts, Rules Governing Appeals in (Lewis M. Smoley) the Court of Appeals and the Appellate Division, and Certain Other Rules of Interest to Commercial 2001 Annual Meeting Attendees Get “Crash” Course Litigators ..................................................................................12 in Internet Law ..........................................................................7 CPLR Amendments—2001 Legislative Session........................12 Scenes from the 2000 Spring Meeting ..........................................9 NYSBA Commercial and Federal Litigation Section A Tribute to Hon. John T. Curtin Executive Committee ..............................................................13 Recipient of the 2000 Robert L. Haig Award for Distringuished Public Service................................................10 ® NYSBA A Message from the Outgoing Chair (Continued from page 1) nity for you to make an immediate contribution. As you In addition to the Section’s membership being can see from the list of committees and chairpersons on diverse, the Section’s members also represent a diverse pages 13-15 of this Newsletter, the Section offers the client base and are deeply committed to pro bono and opportunity to work on the full gambit of substantive public service activities. Executive Committee members areas facing the commercial litigator. In addition, the Bernie McCarthy and Michael Martin have devoted Section considers the litigation process to be just as countless hours to this effort through the Pro Bono and important and has committee opportunities in that Public Interest Committee. Other committees also sup- realm as well, with committees involved in issues from port their effort. This year, the Section’s Employment ethics and professionalism to court structure. If a topic and Labor Relations Committee worked with the affects a commercial litigator, the Section no doubt has a Southern District to train attorneys to represent pro se committee to study and report on it. If the Section does litigants in mediation of employment discrimination not have one, it will form one or work with another Sec- actions. tion to keep members on the cutting edge of all relevant Collaboration of effort and diversity of membership developments. are two Section priorities. Therefore, the Section is very For example, because of the emergence of Internet pleased to have increased involvement from central litigation, the Section formed a new Internet and Litiga- and northern New York and even Canada. From the tion Committee under the able guidance of our 2001- Spring Meeting at Niagara-on-the-Lake, Ontario, Cana- 2002 Treasurer, Lesley Szanto Friedman. In light of the da (just across the border form Buffalo) last year, to the rapid developments in this area, that new committee Annual Meeting in New York City and Spring Meeting worked with the NYSBA to squeeze in a half-day CLE this year at The Sagamore, the Section has covered the program on “Privacy in the Electronic Age” this spring. state and beyond, geographically, this year. It has also It was a natural follow-up to the Annual Meeting pro- increased participation from all sectors of practice. gram, which was a collaborative effort with the Corpo- In addition to all of the substantive reports and pro- rate Counsel Section and included a wide-ranging exam- grams the Section provides, its members also gather to ination of the Internet-related issues most commercial celebrate accomplishments, successes, milestones and litigators will likely encounter, including the basics of others’ contributions. The heartfelt tributes to Western Internet terminology, such as metatagging and cyber- District Judge John T. Curtin and retired Commercial squatting, and a discussion of what happens when new Division Justice Beatrice Shainswit contained in this technology collides with established legal principles, Newsletter are two shining examples of the best of the such as personal jurisdiction and intellectual property. Section. This Section is also pleased to welcome another vol- As my term ends, I truly cannot believe how quick- unteer, Bill Fishman, to chair the new Tax Litigation ly the year passed. There is some sadness at the conclu- Committee. The Section is always open to suggestions sion of my term of office, but my experience with the and volunteers. If any member has an idea or suggestion incoming officers tells me that the Section is going to for a project the Section can undertake or CLE programs have a fabulous year under their stewardship. Jay, to provide, please contact one of the officers or any Cathi, Lew and Brian were incredible teammates. My member of the Executive Committee listed in this deepest thanks to them and to everyone else who Newsletter. helped make this year so special for me. Little did I The Section also publishes the NYLitigator. This year know when Bob Haig asked me to join the Executive it has a new editor, Jonathan Lupkin, who works with a Committee of this newly-formed Section many years student editorial board at St. John’s Law School to pro- ago, what a memorable and rewarding experience it vide substantive articles of interest to commercial litiga- would be. I encourage all of you to get involved. It is tors. The Section welcomes contributions from members really worth it. Best wishes to Jay, Cathi, Lew and Les- as well as other contributors. This year, we have had ley for the upcoming year. contributions from stalwarts, such as Executive Commit- Sharon M. Porcellio tee Member Michael Oberman, judges such as Justice Stephen Crane, and first-time contributors, such as Stephen L. Brodsky. If you have an article you would like to submit, please contact Mr. Lupkin. 2 NYSBA Commercial and Federal Litigation Section Newsletter | Fall 2001 | Vol. 7 | No. 1 A Message from the Incoming Chair (Continued from page 1) and Rich, we are reviewing the structure, committees, cess was due to a team effort. I have been amazed at the communications, responsiveness, and goals of the Sec- number of people who want to become involved in our tion. I was asked to write a short article for the Section’s activities, and I am grateful. I can assure you July/August 2001 State Bar News. The thrust of my mes- that I will see that these individuals receive the recogni- sage was that our Section wants to bring new meaning tion they so richly deserve. Again, I am grateful for all to our members’ law practice. This year we want to your help. reach out to our members and provide information, pro- You should also be aware that our Past Chairs con- grams and seminars which will make their law practice tinue to play an active in supporting our Section. The and service as judges easier, meaningful and more suc- officers recently met with our Past Chairs, who offered cessful. The officer group has already held several meet- ideas and support in many ways to achieve our goals. ings to plan the coming year to accomplish these goals. They regularly attend Executive Committee Meetings. All of us attended a very important State Bar Leader- We have also added new members, including federal ship Conference in Albany sponsored by the New York and state court judges, to our Executive Committee. State Bar Association leadership for all Section officers. However, we need your input, your help, your views, Please note that a major goal this year will be to your complaints and your suggestions as to how the increase our membership. Your help is absolutely nec- Section can be improved. essary in bringing new members to our Section. I was surprised to learn that half of the members of the New Here are some things to look for this year: thanks to York State Bar Association do not belong to any Section.

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