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Courses/Law/Litigation

Mandatory Initial Disclosure in Commercial Division Cases

Navigate the evolving landscape of New York discovery with critical insights into recent case law, procedural changes, and strategic best practices.

Created byNYS Academy of Trial Lawyers
BeginnerUpdated Jan 21, 2026
Mandatory Initial Disclosure in Commercial Division Cases

What You'll Learn

check_circleApply Commercial Division Rule 11-8(h) updates.
check_circleAssess case law on pre-action disclosure tactics.
check_circleNavigate strict good faith consultation rules.
check_circleAnalyze scope of privileges and waiver risks.
check_circleReview standards for medical and audit trail data.
check_circleEvaluate spoliation sanctions for destroyed evidence.

About This Course

Join us for this comprehensive update course covering a year's worth of changes to cases and statutes in the most popular topics for tort practitioners. Presented by the Honorable Deborah Karalunas, Presiding Justice of the Supreme Court, Commercial Division, Onondaga County, this course provides a deep dive into the practical implications of recent amendments to the Uniform Rules. The presentation specifically focuses on the new requirements under Rule 11-h, which mandates automatic disclosure of witness details, electronically stored information (ESI), and damage computations prior to preliminary conferences.

Beyond the headline changes in the Commercial Division, this program offers a robust analysis of the past year's most influential case law and appellate decisions affecting discovery in New York. Judge Karalunas breaks down inconsistencies between departments, clarifies statutory interpretations, and offers guidance on avoiding sanctions related to spoliation and conduct during depositions. From the nuances of pre-action disclosure to the complexities of audit trails in medical malpractice suits, legal professionals will gain the strategic knowledge necessary to navigate the current litigation landscape effectively.

Key learning outcomes and topics covered include:

  • The specific requirements and exceptions for Mandatory Initial Disclosure in Commercial Division cases.
  • Recent updates to Uniform Rules regarding infant compromise petitions and litigation financing.
  • Appellate decisions regarding pre-action disclosure, including preservation requests and identifying potential defendants.
  • The distinction between the liberal standard of discovery and the admissibility of evidence.
  • Strict enforcement of Good Faith requirements and the necessity of meaningful conferral before filing motions.
  • Navigating complex privileges, including Quality Assurance, Attorney-Client, and Religious privileges.
  • Proper conduct during depositions, rules on objections, and the scope of questioning for non-parties and corporate designees.
  • Strategies for obtaining access to medical records, raw data from neuropsychological exams, and electronic audit trails.
  • The consequences of spoliation of evidence, including when negligence may lead to striking a pleading.

This course is essential for attorneys practicing in New York State courts who wish to remain compliant with evolving procedural rules and leverage the latest case law to their advantage. By examining real-world scenarios and recent rulings, participants will be better equipped to manage discovery disputes, draft effective demands, and protect their clients' interests.

Your Instructors

NYS Academy of Trial Lawyers
NYS Academy of Trial Lawyers
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The NYS Academy of Trial Lawyers is the largest statewide trial bar in the US with 5,700+ lawyer and judge members. We are committed to protecting, preserving and enhancing the civil justice system. Our highly acclaimed CLE programming features extraordinary presenters covering the most timely and important topics.

Hon. Deborah  Karalunas
Hon. Deborah Karalunas

Administrative Judge, the Fifth Judicial District

Effective July 10, 2023, the Honorable Deborah Karalunas was appointed Administrative Judge of the Fifth Judicial District. In 2002, Justice Karalunas was elected to serve as a Supreme Court Justice in the 5th Judicial District. She presides over a wide range of civil cases including commercial, personal injury, medical malpractice, intellectual property, constitutional, and environmental. In 2007, Justice Karalunas was appointed Presiding Justice of the Supreme Court, Commercial Division, Onondaga County, and in 2017, she was appointed to the New York State Committee on Pattern Jury Instructions. Justice Karalunas is a member of the New York State Bar Association, Central New York Women’s Bar Association, Onondaga County Bar Association, and Armenian Bar Association. In addition to leading various committees and sections, Justice Karalunas served on the Board of Directors of the Onondaga County Bar Association and the Central New York Women’s Bar Association. She was President of the Central New York Women’s Bar Association, Presiding Member of the Judicial Section of the New York State Bar Association, Trustee of the Onondaga County Bar Foundation, and President of the Association of Justices of the Supreme Court of the State of New York. Justice Karalunas teaches New York Civil Practice at the College of Law. She was Editor of the Judicial Dispatch and author of a chapter in the treatise Commercial Litigation in New York State Courts. Justice Karalunas is a longstanding faculty member of the New York State Bar Association’s Young Lawyers Trial Academy, and lectures frequently on many substantive law and trial practice topics.

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We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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