PRE-2024 COMMITTEE NOTE
The Committee recommends the retention of Local Civil Rule 23.1.1. Unlike Fed. R. Civ.
P. 23 (which deals with class actions), Fed. R. Civ. P. 23.1 (dealing with shareholder
derivative actions) does not contain any provisions dealing with attorney’s fees. Local
Civil Rule 23.1.1 has been part of the local rules for many years and has proven its
usefulness in derivative actions.
2016 COMMITTEE NOTE
The Committee in 2011 recommended that prior Local Rule 23.1 regarding class actions
be deleted as unnecessary. The Second Circuit's recent decision in Bernstein v. Bernstein
Litowitz Berger & Grossman LLP, 814 F.3d 132, 137 n.2 (2d Cir. 2016), stated that the prior
Local Rule is not redundant with Fed. R. Civ. P. 23(h) regarding fee sharing
arrangements. The Committee therefore recommends reinstating Local Rule 23.1 and
combining it with Local Rule 23.1.1 to cover both class actions and derivative actions.
Joint Local Rules, S.D.N.Y. and E.D.N.Y.
Effective January 2, 2026
