It has become an acknowledged priority to make New York State courts a more appealing choice for complex commercial litigation. Chief Judge Jonathan Lippman made this priority clear in his 2012 State of the Judiciary message, asserting that “We must make sure that New York remains at the cutting edge of how commercial disputes are resolved,” and that it is time that our court system focuses on how we “might better serve the needs of the business community and our state’s economy.” To this end, Lippman appointed a taskforce that included some of the most knowledgeable members of the commercial bar, academia and the business world, to make recommendations as to how New York’s state court system can accomplish these goals.
The Taskforce on Commercial Litigation in the 21st Century issued its report in June 2012,1 in which it emphasized that “the quality, reliability and visibility of the Commercial Division are essential to assuring the vitality of our State in the 21st century.” The report provides a useful framework for considering the specific areas of our courts’ handling of complex commercial litigation that require attention and adjustment. While it goes without saying that we must maintain a first-rate system in all of our courts, the speed with which new issues emerge in commercial litigation makes it an area that uniquely requires ongoing efforts in order to optimize the court system’s ability to handle that litigation expeditiously and competently. For New York to be, and remain, an attractive option for businesses, our handling of commercial litigation must excel. This applies, of course, not only to the New York County Supreme Court’s Commercial Division, but to all the division’s locations throughout the state, which now include Albany, Kings, Nassau, Onondaga, Queens, Suffolk, and Westchester counties, as well as the 7th and 8th Judicial District.
