Letter From The President Of The New Jersey Corporate Counsel Association

2005-10-01 01:00

To The Readers Of The Metropolitan Corporate Counsel:

On September 13, the New Jersey State Bar Association (NJSBA) hosted a Business/Legal Summit on the creation of a Commercial and Technology Court in New Jersey. Legislators and representatives from major business groups spoke about their support of this initiative, one of NJSBA President Stuart Hoberman's goals for his term. President-Elect Kristi Vaiden, Immediate Past President Bruce Hector, and I, along with several other NJCCA Board members and in-house counsel, attended the event.

ACC's Board of Directors adopted a resolution in June 1996 calling on states to consider court specialization for business litigation, either in the form of special procedures or special court divisions or parts. ACC believes that business courts ease pressure on overcrowded state court systems.

Many business cases (for example, commercial banking, commercial class actions, medical malpractice and products liability) stretch court resources. As well as being substantively complex, the unique burdens of commercial litigation include extensive motion practice and longer trials. Removal of complex commercial cases allows the general civil parts to function more efficiently and develops expertise in judges that improves the handling of business disputes.

We are justifiably proud of the quality of the bench in New Jersey. One of its positive features is that the New Jersey judiciary recognizes the value of specialization through its specialized courts for family law, tax and criminal matters. Creating a Commercial and Technology Part will allow the judiciary to improve the case management of commercial disputes and free a segment of judges to increase the efficiency and quality in handling the broader civil docket.

Court specialization for business litigation would enable New Jersey to compete with states like New York and Delaware that already provide specialized treatment of commercial litigation and have developed a depth of legal precedents in resolving business disputes. Laying the foundation for such a court in New Jersey, the state legislature is considering Assembly Bill 3544 to create a Commercial and Technology Part in the Law Division. The bill passed the Assembly without opposition. It now moves to the Senate.

We call on our in-house colleagues to join the New Jersey business community in supporting A3544. Contact your state Senator and involve your government affairs team in the effort. You can learn more aboutthe bill by contacting Todd Sidor at NJSBA at (732) 937-7544 or tsidor@njsba.com.

We look forward to continuing work with the state bar, the judiciary and the business community to make the New Jersey court system the best system it can be for all citizens.

Sincerely,

Arthur H. Saiewitz