Monaco Cooper Lamme & Carr, PLLC partner Jacob Lamme has been published in the NY Business Law Journal, a publication of the Business Law Section of the New York State Bar Association.
In his article, “Rule 11-h: The Commercial Division’s New Initial Disclosures Early-Bird Special,” Jake provides a practical and timely analysis of the Commercial Division’s adoption of Rule 11-h, which introduces mandatory initial disclosure requirements in commercial cases. Modeled in part on FRCP 26(a)(1)(A), the rule is designed to promote transparency, efficiency, and fairness at the outset of litigation.
Jake explains that the new rule represents a meaningful shift in practice for commercial litigators:
“Practitioners must be proactive about compiling basic disclosures that are available early in a case, even without completing an investigation. Essentially, being unprepared and avoiding disclosure until an investigation has been completed is no longer an acceptable practice in the Commercial Division.”
Drawing on his extensive experience in complex commercial litigation, Jake outlines what attorneys need to know to comply with Rule 11-h, how it differs from federal practice, and the practical implications for litigants appearing in the Commercial Division. The article also includes a helpful comparison chart detailing the distinctions between Rule 11-h and FRCP 26(a)(1)(A), which we are pleased to share here for the convenience of our readers.
| Initial Disclosure Requirement | Fed. R. Civ. P. 26(a)(1)(A) | Commercial Division Rule 11-h |
| Timing of Initial Disclosures | Within 14 days after the parties’ Rule 26 (f) conference unless otherwise stipulated | Within 14 days after the parties’ consultation prior to the preliminary conference unless otherwise stipulated |
| Witness Information | The name and, if known, the address and telephone number of each individual likely to have discoverable information—along with the subjects of that information—that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment | The name and, if known, the address and telephone number of each individual that the disclosing party intends to use to support its claims or defenses, unless such use is solely for impeachment, together with a brief description of the information expected to be elicited from such individual |
| Documents/ESI | Copy—or a description by category and location—of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment | Copy of all documents, electronically stored information, or other tangible things referred, but not attached, to in the pleadings |
| Damages | Computation of each category of damages claimed by the disclosing party (who must also make available for inspection the documents on which each computation is based) | Computation of each category of damages claimed by the disclosing party |
| Insurance Information | Copy of any insurance agreement under which an insurance business may be liable | Contents of insurance agreement per CPLR 3101(f) |
A full copy of the article can be found HERE at pp.40-42:
Jake regularly represents businesses and individuals in complex commercial disputes in the Commercial Division and other courts across New York. His publication on Rule 11-h reflects not only his command of evolving procedural rules, but also his practical, strategic approach to litigation.
About Jacob Lamme
Jacob F. Lamme is a founding member and partner at Monaco Cooper Lamme & Carr, PLLC. Jake provides both litigation and corporate counsel to local, statewide, national, and international companies, as well as not-for-profit entities, in a variety of contract, real property, and labor and employment matters. He has experience representing businesses, governmental entities, and individual clients in both state and federal courts. Clients and colleagues alike turn to Jake for clear guidance, early case assessment, and decisive advocacy when the stakes are high.
About Monaco Cooper Lamme & Carr, PLLC
MCLC is a law firm dedicated to providing exceptional legal services and unparalleled value while building rewarding and lasting client relationships. Our team includes seasoned trial and transactional attorneys who are nationally recognized industry and legal authorities in a wide range of practices, supported by a remarkable professional support staff. For more information on our firm, visit mclclaw.com or contact our Chief Operating Officer, Stacy A. Smith at ssmith@mclclaw.com.
