The New York Commercial Division has become a premier forum for resolving complex business disputes at the center of the world’s financial capital. Today we speak with James Catterson, a partner at Pillsbury Winthrop and former associate justice of the Appellate Division, First Department, who also served as a trial judge and now sits on the Commercial Division Advisory Council. Learn why the Commercial Division was created to keep high-value corporate disputes in New York and how federal-level developments contributed to that migration. Jim sheds light on the Commercial Division assignment criteria, the distinctions between practicing in the Commercial Division and in federal district courts, and how the court ultimately benefits both litigants and the state of New York. Jim also discusses the role of the Advisory Council, current issues facing the Commercial Division, and Jim’s perspective on growing competition among states for business courts. Listeners will come away with a clearer understanding of how the Commercial Division operates and what litigators, in-house counsel, and business leaders should know about this influential forum, along with Jim’s practical advice for young lawyers.

Key Points From This Episode:

An introduction to our guest, James Catterson, partner at Pillsbury Winthrop.
From the trial bench to years on the Appellate Division, First Department, and now the Commercial Division Advisory Committee.
Jim sheds light on the migration of commercial issues away from the Southern District of New York to the New York State Commercial Division.
How developments at the federal level contributed to that migration.
Jim outlines the New York Commercial Division and the criteria for assignment.
How appeals get from the Commercial Division to the Appellate Division.
The big distinctions between practicing in the Commercial Division vs the federal district courts.
He sheds light on how much of his practice emanates from the Commercial Division.
How the Commercial Division benefits both litigants and the state of New York.
Jim explains how the Delaware Chancery Court has streamlined their operations.
The selection process for Commercial Division judges.
How appellate division judges are appointed.
Jim talks about the Commercial Division’s advisory council and its mission.
The push to advocate for more judgeships.
Jim shares his thoughts on Dexit and the competition among states for business courts.
His advice to recent graduates and young lawyers interested in business law.

Links Mentioned in Today’s Episode:

James Catterson

James Catterson on LinkedIn

The New York Commercial Division

Commercial Division Advisory Council

Appellate Division, First Judicial Department

Judith Kaye

Delaware Court of Chancery

Fordham University School of Law Corporate Law Center