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Epstein Becker & Green

Making the Lawyer-Client Relationship Work in Challenging Litigation – Speaking of Litigation Video Podcast

Sometimes, challenging clients need to be challenged. Whether encouraging candid client conversations or reining clients in during depositions, it’s important to keep the ultimate goal in mind: success. In this episode of...more

Epstein Becker & Green

“Unsworn” Attorney Affirmations: Overlooked Side Effect of Changes to CPLR 2106

By now, most New York practitioners are aware (or at least have heard) of the recent changes to CPLR 2106, which was amended as of January 1, 2024 to allow “any person” to submit an affirmation “in lieu of and with the same...more

Farrell Fritz, P.C.

Help, I Need to Get My Case into the Commercial Division!! Transfer and Determinations by the Administrative Judge

Farrell Fritz, P.C. on

As one can easily glean, we here at the New York Commercial Division Practice Blog view New York’s Commercial Division as the heartbeat of business litigation in the United States.  So, we think getting your business...more

Shook, Hardy & Bacon L.L.P.

Tips for Developing an AI Framework

In this episode of BIZ LIT | TODAY, Shook, Hardy & Bacon Partners Gary Miller and Camila Tobón explore Tips for Building an AI Framework. Gary co-leads Shook’s Business Litigation Practice and Camila is the director of...more

Farrell Fritz, P.C.

Proposed Commercial Division Rule Change Gives Remote Proceedings Even More Staying Power

Farrell Fritz, P.C. on

It is no secret by now that remote proceedings are here to stay. Driven at first by the safety protocols related to the COVID-19 pandemic, remote proceedings have outlived those protocols, and they remain the preferred forum...more

Farrell Fritz, P.C.

Have Commercial Dispute, Will Travel (to New York)

Farrell Fritz, P.C. on

A few years back, in a post entitled What the Commercial Division Has Done for Us Lately, we commented on a 2019 report from the Commercial Division Advisory Council, which extolled “The Benefits of the Commercial Division to...more

Farrell Fritz, P.C.

Updates to Commercial Division Rules Concerning Discovery of ESI

Farrell Fritz, P.C. on

As we approach the 30th Anniversary of New York’s Commercial Division, it’s fair to say that over those 30 years, the Commercial Division has held true to its aim of improving the efficiency and judicial treatment of complex...more

Farrell Fritz, P.C.

Asserting an Equitable Defense or Counterclaim? “Waive” Your Jury Goodbye!

Farrell Fritz, P.C. on

Most New York practitioners are aware that certain causes of action are triable by a jury, while other claims are triable only by the court.  For example, causes of action for money damages, such as tort claims, contract...more

Farrell Fritz, P.C.

Even as Pandemic Wanes, Remote Depositions Remain the New Normal

Farrell Fritz, P.C. on

In March 2020, the New York State Courts and attorneys’ offices all over the state shut down as part of the public’s broad effort to slow the spread of the Coronavirus, and the legal profession quickly transitioned to remote...more

Farrell Fritz, P.C.

A Wave of E-Discovery Change: The Latest Proposal from the Advisory Council

Farrell Fritz, P.C. on

New York’s Commercial Division has continuously taken the lead as an innovative forum, proposing rule changes that are aimed at increasing efficiency and overall effectiveness of the litigation process. ...more

Farrell Fritz, P.C.

New Supreme Court Rule on Summary Judgment Motions: “Just the Facts, Ma’am”

Farrell Fritz, P.C. on

Practitioners often choose to practice in the Commercial Division because of its well-documented efficiencies.  Thus, many were happy to hear that Chief Administrative Judge Larry Marks issued Administrative Order 270/2020...more

Farrell Fritz, P.C.

Defenses and Counterclaims In a CPLR 3213 Action Are Only Successful If They’re “Inseparable”

Farrell Fritz, P.C. on

In one of my previous posts, I discussed the basic requirements for bringing a CPLR 3213 motion for summary judgment in lieu of complaint.  One such requirement (and the one that generates the largest body of case law), is...more

Sheppard Mullin Richter & Hampton LLP

Commercial Division Limits the Reach of New York’s Long-Arm Statute

In Black Diamond Aviation Grp. LLC v. Spirit Avionics, Ltd., 70 Misc. 3d 823 (Sup. Ct. Suffolk Cnty. 2020), Justice James Hudson of the Suffolk County Commercial Division limited the reach of New York’s long-arm statute, CPLR...more

Farrell Fritz, P.C.

NY Practice Tip: Protecting Your Client Against an Improper Notice to Admit

Farrell Fritz, P.C. on

The CPLR 3123 notice to admit can be a useful device in litigation.  Its primary purpose is to expedite a trial by eliminating the necessity of proving a readily admittible fact or matter not in dispute. ...more

Farrell Fritz, P.C.

Depositions in shorts after the pandemic? Remote depositions are likely becoming the norm, but dress-down shouldn’t

Farrell Fritz, P.C. on

The legal industry has adapted rather quickly in order to minimize the pandemic’s impacts on the practice of litigation by enacting orders, rules, and practices to keep the wheels of justice turning.  This includes the...more

Farrell Fritz, P.C.

To Redact, or Not to Redact, That is the Question

Farrell Fritz, P.C. on

You now have to collect, review and produce documents pursuant to the preliminary conference order.  And so, in collecting documents from the various custodians, it appears some of the documents contain truly “irrelevant”...more

Farrell Fritz, P.C.

The Virtual Practice of Law Is Becoming More Real Than Virtual

Farrell Fritz, P.C. on

At this point, after nearly three months of practicing law virtually from home, I think it’s fair to say that what was once novel and experimental has become a kind of new norm for the future....more

Farrell Fritz, P.C.

Helpful Links to Virtual Courts for Commercial Division Litigators

Farrell Fritz, P.C. on

Three months ago very few of us regularly communicated by virtual videoconferencing.  Today, it’s fast become a daily routine, and in all likelihood will become a more permanent part of our practice.  Who would have guessed...more

Farrell Fritz, P.C.

Pandemic Aftermath: The Rise Of Interstate Depositions And Discovery

Farrell Fritz, P.C. on

With global commerce massively affected by the COVID-19 pandemic, post-pandemic litigation will undoubtedly result in a rise of interstate depositions and discovery. In turn, litigants engaged in actions pending outside of...more

Flaster Greenberg PC

Tip for Avoiding Costly Business Litigation: Always Have a Strong Written Agreement to Govern Your Business

Flaster Greenberg PC on

As a career commercial litigation attorney, I have been asked by several people why I would write a column advising business people on how to avoid needing my services. That’s a good question for which I do not have a good...more

Farrell Fritz, P.C.

Note to ComDiv Practitioners: There’s Teeth Behind Them Thar Rules

Farrell Fritz, P.C. on

As readers of this blog know by now, we here at New York Commercial Division Practice frequently post on new, proposed, and/or amended rules of practice in the Commercial Division.  ...more

Farrell Fritz, P.C.

First Department Protective of High-Frequency Trading Algorithm: Considerations in Handling Discovery Requests for Propriety Code,...

Farrell Fritz, P.C. on

As we continue to see increased litigation over electronic programs, apps, and algorithms, courts are increasingly called to consider discovery requests for the coding behind that technology.  These requests highlight the...more

Farrell Fritz, P.C.

Affirmatively Plead Your Defenses, or Risk “Waiving” Them Goodbye

Farrell Fritz, P.C. on

Many litigants are familiar with the well-settled rule that an affirmative defense will be waived if it is not included in a CPLR 3211(a) motion to dismiss or in the answer (see CPLR 3211[e]).   And so, lawyers tasked with...more

Farrell Fritz, P.C.

Upgrading to Commercial Division 2.0 (Part III): ICT Comes to Queens County

Farrell Fritz, P.C. on

We’ve regularly reported on such developments in the context of the individual practice rules of certain Commercial Division judges, as well as in certain NYSBA-sponsored events showcasing the new Integrated Courtroom...more

Farrell Fritz, P.C.

Three New Rule Amendments Proposed by the Commercial Division Advisory Council

Farrell Fritz, P.C. on

The Commercial Division Advisory Council (the “Advisory Council”) has proposed three new amendments to the Commercial Division Rules: (1) a proposed amendment to Rule 1, which will allow counsel to participate in court...more

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