February 2014           News | Upcoming Programs & CLE | Reports | Get Involved

CLE

Credit Default Swaps (CDs): Avoiding Litigation
Tuesday,
February 25
9:00 - 10:30 am

Credit default swaps (CDS) have become a multi-billion-dollar market within a decade of their genesis. Surging defaults on the underlying investments amid the recent financial crisis have led to increased litigation. This panel will discuss how CDS contracts work, how they are traded, their risks and benefits, and related litigation.

Taking & Defending Depositions: Strategic Tips & Techniques
Tuesday,
February 25
6:00 - 9:00 pm

Learn how to maximize your effectiveness at taking and defending a deposition. Our panels of skilled litigators and practitioners will provide you with unique insights, including, but not limited to, practice tips, ethical issues, and the strategic considerations behind common deposition techniques for new and more senior attorneys.

Social Media in Employment Litigation
Tuesday,
March 25
6:00 - 8:10 PM

This program will cover the current and emerging case law on discovery of employee social media activity in employment litigation, including the pros and cons of seeking such discovery from prudential, tactical and strategic points of view.

1 Legal System + 2 Jurisdictions = Infinite Opportunity
Monday,
March 31
9:00 AM - 5:00 PM

The program is divided into three tracks--litigation/arbitration, corporate practice, and energy, mining and natural resources. The biannual program covers several areas, including capital markets, competition law, and the Foreign Corrupt Practices Act.

Recent Trends in Foreign Corrupt Practices Act Litigation, Enforcement & Compliance
Wednesday,
April 2
9:00 AM -
5:00 PM

The experienced faculty of private practitioners, regulators, and prosecutors will provide an in-depth analysis of the FCPA's current trends and implications. The faculty will discuss timely important information on the latest enforcement trends, international developments, compliance best practices, and risk assessment and mitigation.

 

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materials can be found on the website.



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Enacted Legislation
The State Courts of Superior Jurisdiction Committee supported legislation (A.6554/ S.4850) that will help prevent abuse during the discovery process by permitting non-parties who are not actually served with a subpoena, but whose records are nevertheless sought by the subpoena, to seek a protective order. Previously, CPLR 3103(a) only permitted a party or “any person from whom discovery is sought” (i.e., the party actually served with the subpoena) to seek a protective order. In the absence of express statutory protection for such non-parties, New York courts struggled with the issue of whether such parties have standing to seek a protective order. A.6554/S.4850 clarifies this process, and was signed into law by the Governor. The bill went into effect for all actions pending on or commenced on/after July 31, 2013.

Confidential Personal Identifying and Financial Data
The Office of Court Administration invited comments on the proposal of its Surrogate’s Court Advisory Committee to adopt a new rule to the Uniform Rules for Surrogate’s Court. The new rule, 22 NYCRR § 207.64, would limit public access to certain documents containing confidential personal identifying and financial data (Confidential Personal Information, “CPI”). The City Bar submitted comments on the Proposed Rule, which included the opinions of two of our committees and some recommendations for OCA’s consideration. Consistent with a previous submission to OCA regarding a proposal to redact CPI from court filings, the City Bar expressed its view that, consistent with 22 N.Y.C.R.R. §216.1, the sealing of court records should be guided by the general principle that sealing should be no broader than necessary to protect the threatened interest.


Consumer Credit Actions
In a joint report the Committees on Civil Courts and Consumer Affairs expressed opposition to proposed amendments 22 N.Y.C.R.R. §§ 208.14-a and 210.14-a relating to adoption of statewide affidavit forms for use in consumer credit actions seeking award of a default judgment, and urged that OCA not adopt the use of the proposed forms. The proposed forms, the letter notes, would still permit debt-collectors to use “robo-signed” affidavits and would facilitate the entry of default judgments based on hearsay and without establishment of the plaintiff’s prima facie case, including a clear chain of title for the debt at issue. Instead, the letter recommends, that OCA adopt a rule requiring - in every case - the submission of an affidavit from the original creditor attesting to the basic facts of the alleged debt based on personal knowledge of the original creditor’s records and billing practices.

Model Preservation Letter
Given the importance of the preservation of materials (and especially electronic files and electronically-stored information) for litigation and the possibility that courts may impose penalties against parties who have not met their preservation obligations, the Committee on State Courts of Superior Jurisdiction has drafted a model preservation letter that can be used by practitioners to send to clients re: preserving documents and electronic records. The model letter can be adapted to the facts of a particular case and users are advised to update the form based on changes in the law and technology.

Committee Involvement--It's Never too Late
Committees are how the City Bar’s work gets done. Working on a committee can give you great experience while opening up a number of career doors, some you may not even anticipate.

A full list of the City Bar committees along with a brief description of each and an application form can be found on the City Bar’s website. As a number of City Bar committees have more applicants than available slots, please consider applying to more than one committee.

Legislative Affairs
Have an interest in or questions about the City Bar’s legislative work? Send an email to legislation@nycbar.org, visit our website or follow us on Facebook and Twitter.