From The Sagamore: Key Takeaways From The NYSBA 2026 Commercial And Federal Litigation Section Spring Meeting

Earlier this month, commercial litigators and judges from across New York headed to the Sagamore Resort on Lake George for the NYSBA Commercial and Federal Litigation Section’s 2026 Spring Meeting. The Spring Meeting featured a strong lineup of timely presentations focused on issues litigators commonly face – from appellate practice and bankruptcy litigation to ethics and professionalism.

Appellate Practice: Beyond Brief-Writing and Oral Argument

Although appellate practice is most often associated with brief-writing and oral argument, this panel highlighted that appellate advocacy really begins at the trial level, long before formulating arguments on appeal. Moderated by Seth M. Rokosky of Duane Morris LLP and Constance M. Boland of Thompson Hine LLP, the discussion focused on the procedural issues that often come up during the appellate process.

The panel featured Presiding Justice Dianne T. Renwick of the Appellate Division, First Department; retired Justice Anil C. Singh of JAMS; Brian D. Ginsberg of Harris Beach PLLC; and Dean L. Pillarella of Lewis Brisbois Bisgaard & Smith LLP.

Among the topics discussed were issue preservation, motion practice, stays pending appeal, interlocutory appeals, and remands. The panelists stressed that one of the most important aspects of appellate advocacy is ensuring that arguments are properly preserved in the trial court. Failing to make a timely objection, developing the record, or articulating claims in the lower court can significantly limit the issues available on appeal.

Another recurring theme was the increasing role of mediation and alternative dispute resolution in appellate matters. Presiding Justice Dianne T. Renwick highlighted the free mediation program available in the First Department as an underutilized resource that can help parties efficiently resolve their disputes.

Overall, the program provided practitioners with real-world tips on appellate practice, reinforcing that effective appellate work is rooted in careful trial-level strategy.

The Interplay Between Bankruptcy and Commercial Litigation

Moderated by Massimo Giugliano of Davis+Gilbert LLP, this panel discussed how commercial litigators can effectively navigate the complexities that arise when an adversary files for bankruptcy while litigation is pending. The panel featured Judge Kyu Y. (Mike) Paek of the U.S. Bankruptcy Court for the Southern District of New York; Leslie Berkoff of Moritt Hock & Hamroff LLP; and fellow Farrell Fritz colleague Patrick T. Collins.

The discussion covered key issues including the automatic stay, the treatment of pre-petition claims, and creditor priorities, with an emphasis on how quickly the case can change once a bankruptcy petition is filed. Attention was also given to common pitfalls for litigators less familiar with the bankruptcy practice, i.e. misjudging the scope of the stay or delaying engagement in the bankruptcy process.

Ultimately, the panel made clear that bankruptcy reshapes the case and requires counsel to quickly reassess strategy.

Lawyers Behaving Badly: Tips on What to Avoid

Unlike traditional ethics programs that focus on abstract rules, this panel took a more practical approach, using skits and realistic courtroom scenarios to illustrate how ethical issues arise in day-to-day practice, and how quickly they can escalate into serious professional consequences.

Featuring Hon. Timothy S. Driscoll of the Nassau County Commercial Division; Hon. Mitchell J. Katz of the U.S. District Court for the Northern District of New York; Anne B. Sekel of Foley & Lardner LLP; and Jonathan D. Lupkin of Rottenstreich Farley Bronstein Fisher Potter Hodas LLP, the panel explored core issues such as the (mis)use of AI, competence, civility, and improper discovery practices.

A highlight of the session was Judge Driscoll’s use of short skits, which brought common ethical pitfalls to life. The scenarios underscored that ethical issues are seldom rooted in intentional misconduct, but more often arise as a consequence of haste or lapses in professional judgment.

Overall, the Spring Meeting provided a practical look at issues commercial litigators face in their day-to-day practice. For those who missed it, you should plan to attend next year—it’s well worth it!

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