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David B. Saxe and Danielle C. Lesser

A meal can be supersized at McDonald’s, but should New York County’s Supreme Court, Commercial Division be supersized as well? The Office of Court Administration has done just that through the creation of the Large Complex Case List (LCCL), a pilot program that became effective Jan. 1, 2018 and offers certain special features for commercial disputes that exceed $50 million in claimed damages. The intent behind the LCCL is to lure international disputes to the Commercial Division, away from other high profile venues such as London, the Delaware Chancery Court, and, of course, international arbitration tribunals. In our view, this sort of initiative, that appears largely cosmetic at this point, is not likely to improve the functioning of the Commercial Division and might impact the equilibrium and operation of the Commercial Division and other non-Commercial Division parts.

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