David B. Saxe

July 24, 2023 | New York Law Journal

The current legislative approaches discussed in this article serve to disrupt the long-standing and efficient separation of powers that has existed between the legislative branch and the judiciary.

By Y. David Scharf and David B. Saxe

11 minute read

June 22, 2023 | New York Law Journal

A discussion of 'Perez v. Sturgis Public Schools,' a new and important development in Special Education Law. The decision has clarified the importance of public school district compliance with the Individuals with Disabilities Education Act.

By David B. Saxe and Phyllis K. Saxe

7 minute read

April 10, 2023 | New York Law Journal

Judge Saxe writes: "In my view, the objection to Justice LaSalle's appointment was misguided. For this reason, it is my purpose in this article to remind readers, and those who objected to LaSalle's appointment, that a number of former prosecutors have served on the Court of Appeals and, during their tenure, have demonstrated a sturdy and thoughtful approach to the rights of criminal defendants."

By David B. Saxe

9 minute read

January 31, 2023 | New York Law Journal

Over the last 10 years, the Appellate Division, First Department, has developed what is called the pre-argument conference, or "conference before the conference"—what the authors describe as a "unique and forward-looking procedure that has not only improved productivity at the court but also enabled judges to be laser-focused in oral arguments."

By David B. Saxe, Joseph Kamelhar, Mahnoor Misbah and Sydney Reade

7 minute read

December 09, 2022 | New York Law Journal

Change may not be easy at first, but progress often does not happen without some form of change.

By Alan R. Feigenbaum and David B. Saxe

10 minute read

August 19, 2022 | New York Law Journal

How can you be prepared to respond to the frequently asked questions that you should be able to swat away? And, how should you respond to the unexpected ones—the questions that can rock you to the core—if you are unprepared?

By David B. Saxe and James M. Catterson

7 minute read

July 22, 2022 | New York Law Journal

The rebuttal argument is a highly useful opportunity to address the concerns of the panel as well as rebut the arguments of your adversary.

By David B. Saxe and Danielle C. Lesser

6 minute read

March 11, 2022 | New York Law Journal

How can trial judges who often have long-standing settled responsibilities in their trial parts become better prepared for the Appellate Division?

By David B. Saxe

7 minute read

January 18, 2022 | New York Law Journal

Former associate justices of the Appellate Division, First Department, David Saxe and James Catterson offer a refresher on best oral argument techniques that may be helpful to the practitioner who has gotten use to the more laid‑back practices of "argument-by-Zoom."

By David B. Saxe and James M. Catterson

7 minute read

March 19, 2021 | New York Law Journal

The COVID-19 pandemic has badly shaken the commercial real estate market. A recent First Department decision has thrown an unfortunate barrier up against the hope for a turnaround.

By Y. David Scharf, David B. Saxe and Aaron B. Lauchheimer

7 minute read