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ZEK’s Tracee Davis “Principal Architect” of Proposed Accelerated Adjudication Procedure

Tracee E. Davis, Of Counsel in ZEK’s Commercial Litigation practice group, has crafted a proposed amendment to the New York State Supreme Court Commercial Division rules that would strip away costlier and more time consuming aspects of litigation for parties seeking more efficient case resolution.  Under the new rule which the NY Office of Court Administration has released for public comment, parties at the outset of contract negotiations can opt to waive a right to a trial by jury, punitive damages, interlocutory appeals, unlimited discovery and any objections based on personal jurisdiction or forum non conveniens.  Parties also would agree to conclude all pretrial proceedings, including discovery, within nine months of the date of filing a request for judicial intervention.  The proposed new rule was released late last week for public comment by the Office of Court Administration.

Ms. Davis crafted this new procedure as part of her service on the statewide Chief Judge’s Commercial Division Advisory Council, a position for which she was appointed by Chief Judge Jonathan Lippman.  The goals of the Council are twofold: (1) to advise the Chief Judge on matters relating to the Commercial Division of the Supreme Court of the State of New York and (2) to implement the recommendations outlined in the report of the Chief Judge’s Task Force on Commercial Litigation in the 21st Century.  Ms. Davis was one of the members of the Chief Judge’s Task Force.

Ms. Davis handles a wide variety of complex commercial matters at ZEK, including banking, partnership and small business dissolution, real estate, consumer class actions defense, and insurance litigation for many of ZEK’s financial institutional and other business clients.  Ms. Davis is the Immediate-Past Chair of the 2,300 lawyer Commercial and Federal Litigation Section of the New York State Bar Association.