NYSBA SUMMER 2008 | Vol. 14 | No. 2 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 It is with a great sense of I am pleased and honored productivity and pride that I to write to you for the fi rst time pass the chairpersonship of this as Chair of the Commercial and Section to your new Chair, Peter Federal Litigation Section. The Brown. The intelligence, hard responsibilities of Chair are a work, and dedication of our personal challenge, as I strive to Section members are outstand- meet the high standards of the ing and, as a result, the Section distinguished series of Bar lead- had a tremendous year: we had ers who have preceded me. I am record-breaking attendance at honored to serve this year under our Annual and Spring Meet- Carrie H. Cohen New York State Bar Association Peter Brown ings, numerous written reports President Bernice Leber. Bernice from our committees on timely litigation topics, and began her extraordinary record of Bar leadership as fantastic CLE programs. Chair of this Section. She is a dynamic leader, who will lead the Association to exceed the expectations of the lawyers of New York. (Continued on page 2) (Continued on page 2) Inside Section Welcomes New Officers: Use of Diagrams and Photographs in Appellate Briefs Jonathan D. Lupkin and Victoria Zaydman ............................... 4 in New York State Courts ............................................................14 Report on the Spring Meeting ............................................................5 Section Supports Celebration of Cultural Diversity in the New York Legal Community ......................................................18 Committee Spotlight: (Kathy M. Kass) Committee on Immigration Litigation ........................................ 8 Federal Sentencing in White Collar Cases ......................................19 Stellar Panel of Jurists of Color Presents CLE Program (Harry Sandick) “Pathways to the Bench” .............................................................10 (Carla M. Miller) Section’s 2007 Empire State Counsel ...............................................20 Cesar A. Perales Receives 2008 CPLR Amendments: 2008 Legislative Session ...............................21 Hon. George Bundy Smith Award ..............................................11 2008 Amendments to the Uniform Rules for Supreme (Susan M. Davies) and County Courts, Rules Governing Appeals, and Foundation Awards Section’s 2008 Minority Law Student Certain Other Rules of Interest to Civil Litigators ...................22 Fellowship to Fordham Student .................................................12 Notes of the Section’s Executive Committee Meetings ................ 23 (Susan M. Davies) Notice of New Electronic Filing and Alternative Dispute Resolution Rules ........................................................................... 13 (Victoria Zaydman) ComFedNewsSum08.indd 1 9/3/2008 3:18:13 PM A Message from the Outgoing Chair Continued from page 1 Starting in the winter at our Annual Meeting, we (which report was drafted by our CPLR Committee and is were especially fortunate to have the Honorable Judith S. scheduled to be presented to the NYSBA House of Del- Kaye present our Section’s Stanley H. Fuld Award to the egates), and the legal implications of linking and framing Honorable Albert N. Rosenblatt. In the early spring, our in Internet usage. Section held our Second Annual Smooth Moves event In addition, the editions of the NYLitigator and News- at which the Honorable George Bundy Smith presented letter were particularly robust during this past year; and the 2008 Honorable George Bundy Smith Pioneer Award the Section is grateful to our tireless editors, David Fioc- to Cesar A. Perales, the President and General Counsel cola and Mark L. Davies, respectively. I also am pleased to of the Puerto Rican Legal Defense and Education Fund, report that our Section actively worked to meet immedi- at a reception held at Lincoln Center for the Performing ate past NYSBA President Kate Madigan’s membership Arts. And in the late spring, we had our Spring Meeting challenge and our membership increased signifi cantly at the Equinox in Vermont, at which we teamed up with during this past year. the Young Lawyers Section to present dual-track CLE programming targeted to junior litigators. In addition, Finally, all of our success this past year would not at that meeting, we were honored to have the Honorable have been possible without the constant support and help Kevin T. Duffy, United States District Judge, Southern from my fellow offi cers, Peter Brown, Vincent Syracuse, District of New York, bestow our Robert L. Haig Award Susan Davies, and Kyana McCain, to whom I am forever on our former Section Chair, the Honorable P. Kevin grateful. In addition, immediate past NYSBA President Castel, United States District Judge, Southern District of Kate Madigan and current NYSBA President Bernice New York. Leber led by example and were a constant source of inspi- ration to our Section leadership. I also would be remiss if I As I have said throughout my tenure, the work of did not thank all of our past Section Chairs who unselfi sh- our committees is the heart of our Section, and they were ly continue to give their time and expertise to our Section. particularly productive this year with reports on a wide array of timely topics, including the Individual Practices Thanks again to all of you for your hard work and of Judges and Magistrates in the Southern District of dedication. It has been my pleasure and honor to serve as New York, contact with putative class members, antitrust your Chair. cases from the past United States Supreme Court term, proposed changes to the CPLR regarding e-discovery Carrie H. Cohen A Message from the Incoming Chair Continued from page 1 At our recent Spring Meeting I had the opportunity Our Chair-Elect, Vince Syracuse, has served the Section to thank our outgoing Chair, Carrie H. Cohen, for her in a number of capacities, including several years as the year of record accomplishments. The Section increased Section’s Treasurer, while leading one of our most suc- its membership, to over 2,600 members. Our commit- cessful CLE programs on ethics and civility in the profes- tee Chairs organized a record number of CLE programs sion. Our Treasurer, Susan Davies, has served the Section which served Section members and lawyers across the as Secretary in the past and is now keeping us on budget. state. Through constant attention and thoughtful com- Jonathan Lupkin has served as Editor of the NYLitigator, ments, Carrie encouraged our committee leaders to issue the Section’s journal for fi ve years and also Co-Chaired useful and timely reports on many important areas of the Committee on Commercial Division Law Report. The concern to commercial litigators. The Section owes her a newest member of our team, Victoria Zaydman, is our en- debt of gratitude for an outstanding year of leadership. thusiastic new Secretary. She was selected because of her I am certain that Carrie will continue her service to the potential for further contributions in the years ahead. NYSBA in the future, but her service to the Section will Finally, I must add a personal note of gratitude to not be forgotten. Kyana McCain, a junior associate at my former law fi rm, I feel confi dent about the year ahead because I am who agreed to take on the job of Section Secretary this supported by an experienced team of Section leaders. Continued on page 3 2 NYSBA Commercial and Federal Litigation Section Newsletter | Summer 2008 | Vol. 14 | No. 2 ComFedNewsSum08.indd 2 9/3/2008 3:19:51 PM A Message from the Incoming Chair Continued from page 2 past year, supporting Carrie Cohen despite a demand- Second, the Section provides the opportunity to meet ing workload. Unfortunately, her recent marriage and and work directly with state and federal judges in your relocation out of state made it diffi cult for her to continue region. A number of current and retired judges serve on as an offi cer with the Section. I wish her all success in her the Section’s committees. They are also frequent con- personal and professional life. tributors to the Section’s many successful CLE programs. Developing a relationship with judges in your area will Our outgoing President Kate Madigan initiated an enhance your professional standing in your community. effort to grow the New York State Bar Association mem- The insights learned in dealing with judges on Section bership during the coming year. We all recognize that in activities will make you a more effective advocate when private practice the pressure to produce billable hours you appear in court on behalf of your clients. has discouraged some lawyers from participating in Bar activities. If you are reading this message, you have al- Third, Section activities allow you to network with ready decided that membership can enhance your career. a broad cross-section of the Bar in your community. A I ask that you encourage the lawyers in your respective younger lawyer can build a professional reputation by fi rms or your friends to join the Section. In particular, the becoming active in Section activities. You will gain access membership of the Section does not accurately refl ect to Bar and law fi rm leaders who can enhance your career the growing diversity of the Bar across the state. In the in many ways. For more experienced lawyers, this Section coming year I hope to encourage minority lawyers and offers an opportunity to focus on your professional prac- woman to join the Section in larger numbers and contrib- tice specialties to help shape the direction of the law. The ute their unique experiences to the Section’s activities. Section is always in need of committed and knowledge- able leaders who are prepared to commit time to com- About half of our Section’s members have not signed mittee activities. The Section’s many activities, from CLE up to join one of our many committees.