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Recent Reminders from the Commercial Division That Experts Must Timely Show Themselves and Their Work to Avoid Preclusion

It’s been a minute since our last installment of our “Check the Rules” series here on New York Commercial Division Practice, in which we occasionally highlight decisions from Commercial Division judges holding litigants and...more

The Chief Administrative Judge’s 2023 Annual Report, the State of the Commercial Division, and Other ComDiv Goings-On

Every year around this time, New York’s Chief Administrative Judge publishes an annual report, which “collect[s], compile[s] and publish[es] statistics and other data with respect to the unified court system and submit[s]...more

Have Commercial Dispute, Will Travel (to New York)

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

A New(ish) Face in the Bronx County Commercial Division

The Commercial Division in Bronx County hasn’t been around all that long, opening its doors for adjudication in September 2019 with its very first case, Manhattan Beer Distributers LLC v Biagio Cru and Estate Wines, LLC. ...more

A New Opportunity to Settle Your Case Quickly with Your Adversary on the Way to Court

It’s no secret to anyone litigating in the Commercial Division over the past couple years during the COVID era that the judges of the Commercial Division have been particularly keen on lightening their dockets by encouraging,...more

Apropos of the Recent Omicron Outbreak, Remote Depositions Are Here to Stay in New ComDiv Rule 37

Much ink has been spilled over the last couple of years, including here at New York Commercial Division Practice, on the topic of practicing law remotely in the COVID (and likely post-COVID) era.  As we all brace for the...more

Avoiding Judicial Conflicts of Interest: New ComDiv Rule 35 Will Require Corporate Disclosure Statements

Aficionados of Commercial Division practice know that the ComDiv rules originally were — and, as evidenced by an Administrative Order earlier this month, continue to be — modeled after the federal rules.  Efficiency begets...more

Administering Justice Remotely in the Westchester County Commercial Division

A quick timeout this week from some of our more substantive content here at NY ComDiv Practice to report on some upcoming events and happenings in and around the Commercial Division, particularly in Westchester County...more

Amended ComDiv Rule 6: The Practice of Law at Your Fingertips (literally)

The New York Commercial Division continues to be a beacon of innovation with a recent amendment to ComDiv Rule 6, now requiring bookmarking and hyperlinking within briefs and affidavits filed with the court.  The amendment is...more

ComDiv Rule 1 Amended: Request to Appear Remotely, Avoid Infection, and Save Your Clients a Buck

To be sure, much has been reported on here at New York Commercial Division Practice concerning Commercial Division innovation — including in the areas of courtroom technology and, more recently, in adapting to the “new norm”...more

Bidding Adieu to Another Manhattan Commercial Division Justice

The Manhattan Commercial Division lost a gem of a jurist last month when Governor Cuomo appointed Justice Saliann Scarpulla to a seat on the bench of the Appellate Division, First Department.  Good for her, to be sure.  But...more

The Virtual Practice of Law Is Becoming More Real Than Virtual

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

How New York Courts Are Navigating the Coronavirus Crisis

A few weeks back, my colleague Chris Clarke reported on the response of the New York court system to the commercial chaos arising out of the COVID-19 pandemic, including in the court system generally, the Appellate Division,...more

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

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

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

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

What the Commercial Division Has Done for Us Lately

Last month, the Commercial Division Advisory Council issued a report entitled The Benefits of the Commercial Division to the State of New York, which, according to the Com Div’s What’s New news feed, explains how “the...more

Upgrading to Commercial Division 2.0 (Part II)

Luddites beware! If you’ve been reluctant to introduce technology into the way you practice law, the Commercial Division may soon leave you behind. ...more

Check the Rules Part X: New ComDiv Judge Emphasizes (Assumes?) Use of Technology in Individual Practice Rules

In our last “Check the Rules” post back in December, we noted the recent additions to the Manhattan Commercial Division bench, Justices Andrew Borrok and Joel M. Cohen, and promised to report back in early 2019 on any notable...more

Check the Rules Part IX: More Procedural Particularities of Practicing in the Commercial Division

As readers of this blog have come to appreciate, we here at New York Commercial Division Practice tend to report on — among other things Commercial Division — the procedural particularities of litigating commercial matters...more

Check the Rules Part VIII: More Updated Part Rules in the Manhattan Commercial Division

Over the past year or so, we have made a point of highlighting in the “Check the Rules” series on this blog periodic updates to the individual practice rules of certain Commercial Division Justices, including Justice Eileen...more

Be Prepared to Upgrade to Commercial Division 2.0—at Least in Westchester County

The Commercial Division is world-renowned for its efficiency and innovativeness when it comes to proposing and adopting new and amended rules of practice. Indeed, as recently as March of this year, the Advisory Council...more

Be Prepared to Upgrade to Commercial Division 2.0 – at Least in Westchester County

Several weeks ago we remarked on the Commercial Division’s renowned efficiency and innovativeness when it comes to proposing and adopting new and amended practice rules. But this isn’t the only area in which the Commercial...more

Check the Rules Part VII – Recent New-Rule Proposal Encourages Lawyers and Courts to Get Down to Brass Tacks Early in the Case

The New York Commercial Division was founded in 1993 “to test whether it would be possible, by concentrating on commercial litigation, to improve the efficiency with which such matters were addressed by the court and, at the...more

Check the Rules Part VI – Recent Rule-Change Proposal Asks Lawyers To Curb Their Brief-Writing Enthusiasm

Perhaps I’m revealing too much about my abilities in a prior life to balance academic and social priorities, but does anyone else remember the “not less than X pages” page requirements for high-school and college term papers...more

Check the Rules Part V – Motion and Pre-Trial Practice in Kings County and Other Helpful Resources

For the fifth installment of this blog’s ongoing “Check the Rules” series, we feature the individual practice or part rules of the Justices of the Kings County Commercial Division, particularly those recently instituted by...more

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