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Commercial and Federal Litigation Section Newsletter 2021 | VOL. 27 | NO. 2 Commercial and Federal Litigation Section Newsletter A publication of the Commercial and Federal Litigation Section of the New York State Bar Association PASSING THE BATON: SPINNING STRAW INTO GOLD: WINNERS: ROBERT L. UPDATES FROM ADVICE FOR THE NEXT HOW TO MAKE COMMUNICATION HAIG AND GEORGE SPRING MEETING GENERATION OF FEMALE IN THE COVID WORLD YOUR BUNDY SMITH AWARDS §LITIGATORS GOLDEN OPPORTUNITY § Commercial & Federal Litigation Section Events & Activities For decades, volunteers have been developing and presenting seminars, preparing rich collections of written materials and raising the bar for legal practice in New York. We’re happy to provide continuing education programming and events for our Section members, and hope you will join us as we continue to add more to our schedule. Visit NYSBA.ORG/COMFED and click on “Upcoming Events” tab for more info. Take a look at what’s coming up next... View From the Bench Series: View From the Bench Series: September 2021 Session November 2021 Session September 23, 2021 | 12:30 p.m. – 1:30 p.m. | Virtual November 10, 2021 | 12:30 p.m. – 1:30 p.m. | Virtual Best Practices: Roundtable on Different Taking the Lead: Approaches to Arbitration Excellence in the Courtroom | NYC September 27, 2021 | 12:00 p.m. – 1:30 p.m. November 18, 2021 | 5:30 p.m. – 8:00 p.m. 1.5 MCLE Credits | Virtual 1.0 MCLE Credit | In-person View From the Bench Series: View From the Bench Series: October 2021 Session December 2021 Session October 20, 2021 | 12:30 p.m. – 1:30 p.m. | Virtual December 7, 2021 | 12:00 p.m. – 1:00 p.m. | Virtual Missed Opportunities in Approaching Your Practical and Ethical Skills for Arbitration: Arbitration Case Insider Views October 21, 2021 | 12:00 p.m. – 1:30 p.m. December 9, 2021 | 12:00 p.m. – 1:30 p.m. 1.5 MCLE Credits | Virtual 1.5 MCLE Credits | Virtual Introductory Lessons: “On Ethics and Civility” 2021 October 29, 2021 | 9:00 a.m. – 1:00 p.m. 4.0 MCLE Credits | Virtual NYSBA.ORG | 800.582.2452 | [email protected] Contents Features 2021 Spring Meeting: Presentation of the Robert 4 L. Haig Award to the Hon. Loretta Lynch Mark C. Zauderer and Hon. Loretta Lynch Spring Meeting: Presentation of the George 9 Bundy Smith Award to the Hon. Peter Tom Vincent Chang and Hon. Peter Tom 15 Spring Meeting and Award 2021 Photos Spring Meeting: Spinning Straw into Gold: 18 How to Make Communication in the COVID World Your Golden Opportunity Clara Flebus Spring Meeting: Private Judging: 20 What Is It, and How Can It Help To Advance Your Cases? Maryann C. Stallone Commercial and Spring Meeting: Passing the Baton: Federal Litigation 22 Accomplished Women Attorneys Advise the Next Generation: A Program for Rising Female Section Newsletter Litigators Hamutal G. Lieberman 2021 | Vol. 27 | No. 2 Spring Meeting: Trailblazing Jurists Share 24 Valuable Insight for Junior Litigators Regulars Viktoriya Liberchuk and Peter J. Sluka Message From 3 the Chair Book Review: Commercial Litigation in New York Daniel K. Wiig 26 State Courts, Fifth Edition (Vols 2-4H, New York Practice Series), Ed. Robert L. Haig Section Committees Jonathan D. Lupkin 30 and Chairs CPLR Amendments: 2020 Legislative Session 27 32 District Leaders 2021 Amendments to the Uniform Rules for 28 Supreme and County Courts, Rules Governing Appeals, and Certain Other Rules of Interest to Civil Litigators Proposed Rules of Interest to Civil Litigators 29 (2020-2021) Former Chairs COMMERCIAL AND FEDERAL Robert L. Haig Stephen P. Younger LITIGATION SECTION NEWSLETTER Michael A. Cooper Lesley F. Rosenthal Hon. Shira A. Scheindlin Carrie H. Cohen Editor Harry P. Trueheart III Peter Brown Mark L. Davies Hon. P. Kevin Castel Vincent J. Syracuse [email protected] Mark H. Alcott Jonathan D. Lupkin Gerald G. Paul David H. Tennant Mark C. Zauderer Tracee E. Davis Section Officers Bernice K. Leber Gregory K. Arenson Chair John M. Nonna Paul D. Sarkozi Daniel K. Wiig Jack C. Auspitz James M. Wicks The City University of New York Sharon M. Porcellio Mark A. Berman 205 East 42nd St. Jay G. Safer Mitchell J. Katz Cathi A. Baglin Robert N. Holtzman New York, NY 10017 Lewis M. Smoley Laurel R. Kretzing [email protected] Lauren J. Wachtler Jonathan B. Fellows Chair-Elect Ignatius A. Grande This Newsletter is distributed to members of the New Berkeley Research Group York State Bar Association’s Commercial and Federal 810 7th Ave. St 4100 Litigation Section without charge. The views expressed New York, NY 10019 in articles in this Newsletter rep re sent only the author’s [email protected] view point and not necessarily the views of the Asso- Vice-Chair ciation, the Section or its Officers. Anne Sekel Foley & Lardner LLP Accommodations for Persons with Disabilities: 90 Park Avenue NYSBA welcomes participation by individuals with New York, NY 10016-1301 disabilities. NYSBA is committed to complying with all [email protected] applicable laws that prohibit discrimination against in- Treasurer dividuals on the basis of disability in the full and equal Helene R. Hechtkopf enjoyment of its goods, services, programs, activities, Hoguet Newman Regal & Kenney LLP facilities, privileges, advantages, or accommodations. 60 E 42nd St., Fl. 48 To request auxiliary aids or services or if you have any New York, NY 10165-3003 questions regarding accessibility, please contact the Bar [email protected] Center at 518-463-3200. Secretary Publication Date: August 2021 Jessica Christine Moller Bond, Schoeneck & King © 2021 by the New York State Bar Association 1010 Franklin Ave. Rm 200 ISSN 1530-4043 (print) ISSN 1933-8570 (online) Garden City, NY 11530 [email protected] NYSBA.ORG/COMFED Message From the Chair It is a great honor for me to write this and professionalism, and with program- message as Chair of the Commercial and ming that includes social events and CLEs Federal Litigation Section (ComFed). At and issuing comments on new rules. the outset, I want to thank our Immediate Committee Co-Chairs each serve a three- Past Chair, Jonathan Fellows, for his work year term. As I write this, Peter Pizzi and as the first “virtual” ComFed Chair. While Joe Facciponti, Co-Chairs of the Privacy, Jonathan’s term was not what he or any Data Security, and Information Technol- of us expected, ComFed under Jonathan’s ogy Law Committee, are organizing a stewardship seamlessly transitioned to program on the U.S. Supreme Court’s Van virtual operations. Whether it was the Buren decision concerning the scope of the monthly Executive Committee (EC) meet- Computer Fraud and Abuse Act. Recently, ings or the numerous CLEs, town halls, the White-Collar Litigation Committee, and committee meetings, our members helmed by Evan Barr and Kate Cassidy, still managed to congregate, share ideas, hosted former AUSA Eric Rosen to discuss manage ComFed’s affairs, and enjoy a the landmark Operation Varsity Blues virtual drink or two despite physical Daniel K. Wiig investigation. And Mark Berman, Ralph separation. Gratefully, as I write this (June Carter, Jason Lichter, and Gina Sansone- 2021) New York is re-opening, and meet- Driscoll (Co-Chairs, respectively, of the ing in person is finally a reality again. And while I believe Commercial Division and E-Discovery Committees) are nothing can replace in-person collaboration, recent times reviewing the special master appointment process in New taught us that participation can be more than flesh-and- York state court commercial cases. blood interaction, and ComFed will not lose sight of that as it strives to offer more and varied opportunities for its ComFed’s delegates to NYSBA’s House of Delegates members to engage. represent ComFed in the decision and policy making body of the association. Delegates are elected at the An- As many of you know, ComFed’s affairs are overseen nual Meeting and serve for the following bar year. The by its officers. For 2021-2022, our officers are Chair-Elect liaisons are appointed by other NYSBA Section Chairs Ignatius Grande, Vice Chair Anne Sekel, Treasurer Helene and help foster collaboration and collegiality among the Hechtkopf, Secretary Jessica Moller, and yours truly as different NYSBA Sections. Chair. What may not be clear is that ComFed’s leadership is comprised of significantly more volunteer members, Our Members at Large, distinguished members of the who serve in discrete roles and are consequently mem- legal community, lend their sage advice and vast experi- bers of the EC. I thought it would be beneficial to share ence to ComFed’s operations and serve two-year terms. some information with you about these other ComFed Finally, the former Section Chairs, those who led ComFed leaders and their specific roles. over its storied 30-plus year history, remain committed to serve ComFed and its members. District representatives are assigned to each of the judicial districts in the state where there is a Commercial The Executive Committee consists of the Section Of- Division and organize bench/bar forums with the Com- ficers, found on page 2 of this newsletter, the Committee mercial Division justices who sit in the district representa- Chairs (page 30) and the District Leaders (page 32). tive’s assigned judicial district. District representatives ComFed is built upon volunteerism and service, and serve two-year terms. You may have attended a bench/ those who have been actively engaged and assumed bar forum in the storied rotunda of the New York County the leadership mantle have forged professional ties and Supreme Court, or the virtual forum held in summer 2020 lasting friendships. I invite all members to consider more with the Commercial Division justices of Suffolk and Nas- active participation and reap the many benefits of engage- sau counties (thanks to Michael Cardello III and Kathryn ment.
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