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Category: New York

New York Commercial Division Adopts Rule Establishing Mandatory Settlement Conferences

ADR
Posted on January 19, 2022January 23, 2023

In the latest amendment to the New York Commercial Division Rules, on January 7, 2022, Chief Administrative Judge Lawrence K. Marks ordered the implementation of…

Commercial Litigation in New York State Courts (Fifth Edition)

Articles and Books
Posted on January 18, 2022January 23, 2023

The top shelf treatise, Commercial Litigation in New York State Courts, recently published its Fifth Edition.  This 10 volume work, including contributions by over 250…

New York Commercial Division Rule and Protocols Governing Remote Depositions goes into Effect on December 15, 2021

Discovery and Discovery Protections
Posted on December 14, 2021June 28, 2023

On Wednesday, December 15, 2021, New York Commercial Division Rule 37 goes into effect.  The new rule governs remote depositions.  An appendix providing a form…

New York Commercial Division Rules Amended to Include Neutral Evaluators

ADR
Posted on November 8, 2021January 24, 2023

On October 19, 2021, Chief Administrative Judge Lawrence K. Marks ordered amendments to Commercial Division Rule 3(a) governing ADR. This is the third change to…

New York Commercial Division Adopts Rule Permitting Virtual Evidentiary Hearings and Non-Jury Trials on Consent

Covid-19
Posted on November 3, 2021January 24, 2023

In yet another recent amendment to the New York Commercial Division Rules, on October 19, 2021, Chief Administrative Judge Lawrence K. Marks ordered the implementation…

Corporate Disclosure Rule Adopted for New York Commercial Division

New York
Posted on October 11, 2021January 24, 2023

Continuing in the recent series of amendments to the New York Commercial Division’s Rules, on October 4, 2021, Chief Administrative Judge Lawrence K. Marks ordered…

Proposals to Amend NY Commercial Division Rules, and to provide Guidelines, Concerning E-Discovery and Electronically Stored Information

Discovery and Discovery Protections
Posted on September 27, 2021January 24, 2023

New York’s Commercial Division Advisory Council (CDAC) has recommended to the Administrative Board of Courts that certain Commercial Division Rules and Appendices be amended or…

Certain New York Commercial Division Rules Adopted Courtwide

New York
Posted on September 23, 2021June 28, 2023

Business courts pioneer Robert L. Haig has long described New York’s Commercial Division as a laboratory for innovation. This truth is evidenced by the adoption…

Proposed changes to NY Commercial Division Rules Addressing Proportionality and Reasonableness

Discovery and Discovery Protections
Posted on September 21, 2021June 19, 2023

On September 14, 2021, New York’s Administrative Board of the Courts issued a memorandum notice “seeking public comment on a proposal, proffered by the Commercial…

New York Commercial Division Finds No Insurance Coverage for Damages Bases on Business Closure Order Issued by State Government

Covid-19
Posted on February 22, 2021June 19, 2023

Nassau County Commercial Division Judge Timothy Driscoll recently found that a movie theater did not have insurance coverage for business losses, based on a COVID-19…

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