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American Bar Association

Commercial & Business Litigation Committee


The Commercial & Business Litigation Committee (CBL) focuses on issues facing litigators with broad commercial practices, including substantive areas such as bankruptcy, creditor rights, professional liability, and trade secret law, and procedural matters such as e-discovery, privilege, ADR, and international litigation.

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July 27, 2016: Roundtable—Save the Date!

Use and Discovery of Consent Decrees, Bank Exam Reports, and Third-Party Customer Information in Civil Banking Litigation

1:30 p.m. Eastern


The relationship among a bank, its regulators, the government, and its customers is fraught with personal, non-public information that is sensitive to both the bank and its customers. Increasingly, litigants seek this information in discovery. This roundtable will present a basic discussion of the types of information these entities may hold, how the information may be used in litigation, and potential avenues to prevent the disclosure of the same. For more information, see the brochure.

Presenters include Mark M. Haddad, Martin Leigh PC, Kansas City, Missouri
Zachary G. Newman, Hahn & Hessen LLP, New York, New York
Phillip J. Block, Riemer Braunstein LLP, Chicago, Illinois.


Registration is now open


CBL Leadership Opportunities In the 2016–17 Bar Year

CBL will have a new slate of subcommittee chairs and other leaders as of September 1, 2016. If you'd like to be appointed to one of these positions, please let CBL cochairs Mike Cochran and Jack Brady know. If you currently hold a leadership position in CBL, please reminder us of how you participated in and contributed to CBL this year.



Monthly Committee Conference Call

The committee's monthly calls are typically held at 3 p.m. ET on the third Wednesday of each month. To join the monthly conference call, dial 866-646-6488, and when prompted for a passcode, enter 3129886228.


Seeking Contributors

As always, the Committee welcomes article ideas and updates on legal developments for both its website and newsletter. For newsletter article submissions, ideas, and information, please contact our newsletter editor, Paula Bagger. For Practice Points submissions, please contact Charles Stotter. For website submissions, please contact Nathaniel Boyer, Mpoli Simwanza-Johnson, or Selena Molina.


Join the Discussion at the Section's LinkedIn Page

The CBL's LinkedIn Group has established a LinkedIn page, through which CBL members can engage in a lively forum for debate and discussion about the latest developments in commercial and business litigation. All members of the CBL may and should request to be members of the CBL's LinkedIn page and participate in the discussion by responding to and sharing posts and links. Membership requests should be made through the CBL's LinkedIn page and will be sent to the current Young Lawyer Subcommittee Chairs. Please review the CBL's LinkedIn Policy for information on the CBLs administration of the LinkedIn page, posting rules and guidelines, and enforcement and monitoring.


Committee FAQs Now Available

The committee has released updated answers to your frequently asked questions. They are available here.

Message from the Chairs


Thank you for visiting the Commercial & Business Litigation Committee homepage. We hope you will bookmark this webpage as your source for timely news, legal updates, and Committee activities. The Committee continues to be one of the largest and most active in the Section of Litigation because of the exceptional content, programs, marketing, and networking opportunities we provide to business and commercial litigators.


Our Committee publishes an electronic newsletter every quarter. Each newsletter addresses a particular theme relevant to commercial and business litigation, with articles by leading lawyers, judges, and academics. Articles contain information, analysis, and strategies for both new and seasoned practitioners and are prepared in an easy-to-read magazine style.

The subject of our Summer 2015 Newsletter is Experts. Please take a look here.

Upcoming newsletter subjects and submission deadlines are as follows:

  • Summer 2016: Corporate and Securities Litigation. The article submission deadline is June 1, 2016.

  • Fall 2016: Diversity and Inclusion. The article submission deadline is September 1, 2016.

  • Winter 2017: White Collar Criminal Litigation. The article submission deadline is December 1, 2016.

If you are interested in contributing an article for a future issue of our newsletter, please contact our newsletter editor, Paula Bagger.


Planning is underway for the next Section of Litigation Annual Conference (SAC) to be held in San Francisco, May 3–5, 2017.  CBL expects to submit at least six CLE program proposals to the SAC organizers by the end of August 2016.  All CBL subcommittees and members are encouraged to submit program proposals by August 15 to our CBL programming chairs.  We encourage all submissions, including on the following topics: 

  • Business development for business litigators
  • Damages
  • Data security litigation
  • The Defend Trade Secrets Act, one year later
  • Delaware business law developments
  • Internal investigations and associated privilege issues
  • Predictive coding, recent developments
  • Programs targeted at young commercial litigators

If you’d like to submit a CLE program proposal for the 2017 SAC, please contact CBL programming chair  David Ross and Jennifer Vanderhart  or CBL cochair Mike Cochran.




Another valuable resource for our members is our website. Please check out the content available on our other Committee webpages, including articles, Practice Points (PPs), programs and materials, and information about our subcommittees and how to participate in the Committee. If you are interested in submitting content to our website, please reach out to one of our website editors, Nathaniel Boyer, Mpoli Simwanza-Johnson, or Selena Molina.


Our website publishes content from 100 words to 2,500 words in length, and we are always looking for timely and relevant submissions. We are more interested in topical, accessible, and useful news and analysis, written in a magazine style, as opposed to longer academic works. In fact, PPs should be no longer than 750 words and should be targeted to practical tips (drawing on our members’ vast business litigation experience) or a timely development in the law—perhaps a new case or regulation or a look ahead to an issue on the horizon. PP pieces are an excellent—and non-labor-intensive—way to market your expertise to all ABA members and non-ABA members who visit our webpage.



The primary reason for CBL’s extensive network and great success is the hard work of the talented lawyers that chair our subcommittees. These subcommittees cover a broad range of substantive and procedural areas and are very active in providing the content for CLE programs, our webpage, and our newsletter. Each year, we ask that each subcommittee chair submit at least one PP piece and attend either the SAC or ABA Annual meeting. We also ask that each subcommittee report periodically on our monthly Committee calls and submit at least one CLE program proposal for SAC or the ABA Annual Meeting. In addition, once every couple of years, on a rotating basis, each subcommittee is expected to present a Roundtable and develop a Sound Advice recording.

We invite you to review our list of subcommittees on this page, and the roster of Committee leaders and subcommittee chairs linked below. We encourage you to contact any of the subcommittee chairs to learn how you can participate in their great work. If you are interested in serving as a subcommittee cochair, please contact one of the Committee chairs (see below).



A tremendous benefit that CBL offers is the opportunity to network with other attorneys who are members of the Committee, the Section of Litigation, or the larger ABA. We hold a monthly conference call to discuss ideas and goings-on within the Committee. We also hold two business meetings per year—one at SAC and one at the ABA Annual Meeting—and organize a Committee dinner at each of these annual meetings. As a CBL member, you will also receive one or two emails each month outlining Committee activities, the conference call, and upcoming programming and networking events. If you are looking to meet business attorneys from across the nation, then CBL provides an excellent platform to achieve this goal.



If you are interested in more information about how to become an active member of CBL, please contact our membership chairs Mitzi Shannon or Ali Razzaghi.

We thank you for your interest in the Commercial & Business Litigation Committee and welcome your involvement in both the Committee and the ABA. The Section of Litigation is the leading voice for trial lawyers in this country, and we are proud to be a part of it. Please contact us with any ideas or suggestions you may have for how the Committee can best serve you and the legal community.


Jack Brady, 816-374-0515
Laura McLaughlin, 636-230-1734
Mike Cochran, 302-651-7700
Steve Siegel, 312-516-5633

Cochairs, Commercial & Business Litigation Committee



Our active subcommittees include:

  • ADR
  • Banking & Lender Liability Litigation
  • Bankruptcy Litigation
  • Books
  • Class Actions
  • Creditor Rights Litigation
  • Data Privacy
  • Delaware Corporate
  • Diversity Initiatives
  • E-Discovery
  • Ethics
  • Intellectual Property Litigation
  • International Litigation
  • Internet Litigation


  • Membership
  • Newsletter
  • Payment Systems Litigation
  • Practice Points
  • Private Equity Litigation
  • Privilege
  • Programs and CLEs
  • Securities Litigation
  • Trade Secrets Litigation
  • UCC Litigation
  • Website
  • White-Collar Crime Litigation
  • Young Lawyers

Find contact information for committee and subcommittee chairs:


Find contact information for committee members:


Navigant Partners

David Benkert

Brian Sullivan

Elizabeth Hutchins


Commercial & Business Litigation Leadership

Cochairs Web Editors Newsletter Editors

Jack Brady

Kansas City, MO

C. Malcolm Cochran

Wilmington, DE

Laura McLaughlin

Chesterfield, MO

Stephen J. Siegel

Chicago, IL

Nathaniel S. Boyer

New York, NY

Selena Molina

Wilmington, DE


Mpoli N. Simwanza-Johnson

Madison, WI


Newsletter Editor-in-Chief

Paula M. Bagger

Boston, MA

Joseph C. Merschman

New Haven, CT

Sally K. Sears Coder

Chicago, IL

Charles W. Stotter

Florham Park, NJ

Marc Zucker

Philadelphia, PA