Although the trend in U.S. civil practice during the past hundred years undoubtedly has hewed toward procedural uniformity across jurisdictions, with some thirty-five states having adopted civil-procedure regimes based in large part on the Federal Rules of Civil Procedure, the New York legislature apparently has not seen fit to adopt a procedural regime that tracks the federal model. Indeed, New York’s Civil Practice Law and Rules (“CPLR”) may be the most prominent example of a modern state-court procedural regime that finds its roots in sui generis rulemaking, rather than adherence to the federal model. At the same time, certain recent amendments to the Commercial Division Rules, which supplement and, in some instances, modify, the standards under the CPLR as applied to substantial commercial disputes pending in New York’s Commercial Division courts, suggest a trend toward increasing conformity with existing rules of federal practice, at least insofar as the litigation of such commercial disputes is concerned.
In this program, attorneys Jennifer H. Rearden and Gabriel Herrmann of Gibson, Dunn & Crutcher LLP summarize the key components of several recent and pending amendments to both the CPLR and the Commercial Division Rules, and assess their potential impact on future civil practice in the New York courts.
Jennifer H. Rearden, a partner resident in Gibson, Dunn & Crutcher's New York office, is a member of Gibson Dunn's Litigation and Crisis Management Practice Groups, and is Co-Chair of Gibson Dunn's Electronic Discovery and Information Law Practice Group. She also serves on Gibson Dunn's Partnership Evaluation, Hiring and Compensation Committees.
Ms. Rearden represents clients in complex business litigation, including securities fraud, hostile M&A, and disputes with states and municipalities, as well as internal investigations. She has argued before multiple federal and state courts and administrative bodies, and has tried cases to judges and juries. Ms. Rearden's practice also frequently includes assisting clients in responding to high-profile events and evaluating legal risk, and counseling clients regarding crisis management planning and effective crisis response. Among the high-profile matters in which Ms. Rearden has been involved was the Cablevision and Madison Square Garden trial-level and appellate litigation challenging and ultimately defeating New York City's sweeping proposal to build a new stadium for the New York Jets on Manhattan's West Side, and the successful defense of Cablevision and the Garden in a $100 million antitrust suit brought by the Jets over their failed stadium bid. She is also part of the Gibson Dunn team that represented Chevron Corporation in its successful effort to block enforcement of a 2003 judgment for $9.2 billion in an environmental case in Ecuador.
Ms. Rearden received her Juris Doctor from New York University School of Law, where she was a member of the Journal of International Law and Politics. She graduated magna cum laude from Yale University with a Bachelor of Arts degree in History. Ms. Rearden serves on the boards of the Yale Club of New York City, Copland House and the NYU Law Alumni Association. She is a member of The Sedona Conference® Working Group 1 on Electronic Document Retention and Production, The Sedona Conference® Working Group 6 on International Electronic Information Management, Discovery and Disclosure, and the New York State Bar Association Committee on Electronic Discovery.
Ms. Rearden is the author of "Subprime-Related Securities Class Actions and Derivative Suits," a chapter in Practicing Law Institute's treatise, Securities Litigation: A Practitioner's Guide, and she frequently publishes and speaks on securities litigation and electronic discovery, as well as other subjects. Ms. Rearden is a member of the bars of the States of New York, Connecticut, and Georgia and of the United States District Courts for the Southern and Eastern Districts of New York and the Northern District of Georgia. She is also a member of the Association of the Bar of the City of New York.
Other significant matters include:
Recent Speaking Engagements
Gabriel Herrmann is an associate in the New York office of Gibson, Dunn & Crutcher and a member of the Firm’s Litigation Practice Group. His practice focuses on complex business litigation and arbitration in areas such as antitrust, insurance and reinsurance, breach of contract, business torts, employment, intellectual property, hostile M&A, and ERISA. He also has significant experience representing clients in matters relating to the operations of New York State and City governmental entities, including both administrative challenges to agency determinations and constitutional challenges to government action and legislation.
Mr. Herrmann earned his Juris Doctor, cum laude, from the Cornell Law School in 2003, where he served as an Article Editor of the Cornell Law Review and published a Note, Discovering Policy Under the Federal Arbitration Act, 88 Cornell L. Rev. 779 (2003). He received a Bachelor of Arts degree from Clark University in 1998.
Mr. Herrmann is admitted to practice in the State of New York and before the United States District Courts for the Southern and Eastern Districts of New York. He is a member of the Association of the Bar of the City of New York, the American Bar Association, and the ABA Section of Antitrust Law.
Solid presentation. Might be a good idea to update given new changes, like e-file in the First Department.
Excellent presentation without self-promotion.