Hon. David B. Saxe (Ret.), one of the most honored and respected members of New York's legal community, is a partner in the Alternative Dispute Resolution and Business Litigation Departments of Morrison Cohen and a former associate justice in the New York State Appellate Division, First Department.
Having recently retired after 35 years on the bench, Justice Saxe is now a sought-after ADR professional, mediator, and strategic consultant. He brings an essential skill to the arbitral process - the ability determines a neutral, impartial, and dispassionate resolution to a complex problem fiercely advocated on both sides. As a longtime distinguished jurist who has heard thousands of disputes and dispositive motions and tried virtually every type of matter, Justice Saxe is entrusted by his clients to provide the same evenhanded impartiality to their cases that he employed in his career on the bench.
Justice Saxe’s ADR practice has a particular focus on resolving complex commercial, insurance, and real estate controversies, as well as high-end matrimonial-related disputes. He is involved in all manner of negotiations, disputes, debates, and legal proceedings. Whether serving as a mediator, arbitrator, or consultant, Justice Saxe offers impartial and meaningful solutions and unparalleled judicial insight in all of his clients’ ADR matters.
As the leader of the firm’s Appellate Practice, Justice Saxe provides consultation to clients and legal teams on strategy, trial preparation, and brief review in all jurisdictions. Having sat for 19 years on the most prestigious intermediate state appellate court in the United States, he provides a deep understanding and unique perspective on successfully navigating the litigation and appeals process. He is often hired by attorneys when going through an appeal in NY State Appellate Court to advise on presenting briefs and focusing appellate oral arguments for maximum effect.
Justice Saxe’s clients benefit from his experience handling a wide range of appellate matters during his tenure on the appellate court, including contract issues, corporate finance, insurance and re-insurance matters, business torts, products liability, intellectual property, real property, land-use and zoning, labor and employment, environmental law, constitutional law and civil rights, matrimonial and family law matters, and probate Issues.
As head of the firm’s Strategic Case Review Practice, Justice Saxe provides an impartial review from the perspective of an experienced judge on issues that are important to a judge and jury. He works with his clients and/or their legal team as a set of “fresh eyes” to review and analyze case strategy, papers, or case options.
Justice Saxe currently serves as a member of the Governor’s Screening Committee for the Appellate Division, First Department, for which he vets judicial applicants for the court. He is a gifted and prolific writer and has been one of the most published jurists in New York State. His decisions, whether majority opinions, concurrences, or dissents are regularly cited by colleagues and often have been the subject of scholarly critiques.
The last gasp of opportunity for the appellant's counsel during oral argument is the Rebuttal after the respondent's counsel has rested. At this point there is usually a sliver of time to clear- up any confusion that may exist on the part of the pane...