AFBNJ Past Events
2023 Breakfast with Judges of the Third Circuit
2023 Breakfast with Judges of the Third Circuit
Friday, March 3, 2023
8:00 am – 9:00 am – breakfast
9:00 am – 10:00 am – CLE program
Seton Hall Law School
Newark, NJ
Join the AFBNJ for an insider’s discussion about the Third Circuit, including the process of your appeal from filing to decision, how to prepare a persuasive brief, and how to present an effective oral argument.
Hon. Michael A. Chagares, Chief Judge
Hon. Paul B. Matey
Hon. Patty Shwartz
PROGRAM SUMMARY:
At the Third Circuit Breakfast program on March 3, 2023, Chief Judge Chagares, Judge Patty Shwartz, and Judge Paul Matey of the Third Circuit answered questions from lawyers about practicing before the Third Circuit. Here is a summary of some of the very helpful insight and tips they provided, which apply equally well in every court.
Briefs
- Be on the lookout for redundancy and wheel-spinning, often caused when a brief is drafted by multiple people with different points of view.
- Don’t go overboard on string cites, especially with long parentheticals; the judges and law clerks are going to pull the cases and read them for themselves.
- Focus on what binds the particular court, the standard of review, and basis for jurisdiction.
Prepare for Oral Argument
- Know your beginning and your ending; you likely will not control the middle.
- Only 35% of appeals get argued. So if you’re called in, expect a hot bench that wants a dialogue.
- Get comfortable with your argument. Practice. Know what words you want to use.
- Don’t use a script. Create an outline. Pay attention and know the main points that need to be made.
At Oral Argument
- If the court tells you in advance where to focus, start there.
- Don’t assume you will save things for rebuttal; use it to respond for what was said by your opponent.
- As the appellee (arguing second), trust your gut. Emphasize your strongest points but don’t ignore the weaker ones.
- Listen carefully and observe where the court is focused.
- View the panel as having a conversation about the issues to be resolved. Contribute to the conversation as they strive to get to the right answer.
Court Rules
- Know them. For example, non-precedential opinions in the 3rd are not binding. The court is interested in what their colleagues have said, but it can’t be cited. They are not necessarily reflecting what the court as a whole thinks.
- Remember only “for publication” opinions are reviewed by the entire court before they are issued and published.
Pet Peeves
- Splitting arguments: Don’t usually like when attorneys split arguments (with exception of allowing a very junior attorney to do the argument, with senior doing ‘clean up’).
- Lack of courtesy: Don’t talk over the judge.
- Failure to respond: Answer the judge’s question.
- Briefs too long: Keep the reply briefs short.
- Arguing too far: Concede an issue when appropriate.
- Blaming others: Don’t resort to “I wasn’t the trial lawyer.” (The judge can’t say, “I wasn’t the trial judge.”)
WRITTEN MATERIALS:
Order Amending Internal Operating Procedures: A new amendment to the Court’s Internal Operating Procedures gives attorneys more notice of oral argument (IOP 2.5). The new rule is linked.
Internal Operating Procedures: Link to the full Internal Operating Procedures of the US Court of Appeals for the Third Circuit.
Third Circuit’s Model Civil and Criminal Jury Instructions
Third Circuit’s Local Appellate Rules: These rules supplement the Federal Rules of Appellate Procedure.
Criminal Justice Act and Appointed Counsel Information: For the Third Circuit Court of Appeals.
Clerk’s Office Directory for the US Court of Appeals for the Third Circuit.
Third Circuit’s YouTube channel: You can listen to a live-stream of oral argument here.
Audio recordings of prior arguments.
Free for AFBNJ members.
$25 for all non-members.
Important CLE Information:
1.0 CLE credits have been approved towards New Jersey.
1.0 substantive CLE credits have been approved towards Pennsylvania.
In order to receive proper credit, each attendee is required to complete and submit a CLE affirmation form after the program.
February 7, 2023: The Nuts and Bolts of Seeking Emergent and Injunctive Relief
The United States District Court for the District of New Jersey, in conjunction with the Association of the Federal Bar of New Jersey, presents:
The Nuts and Bolts of Seeking Emergent and Injunctive Relief
Tuesday, February 7, 2023
12:30 – 2:00 pm
Virtual Webinar
Moderator:
Jakob B. Halpern, Esq., Saiber LLC
Panelists:
Hon. Renee Marie Bumb, U.S. District Judge, District of New Jersey
Hon. Christine P. O’Hearn, U.S. District Judge, District of New Jersey
Kristine L. Butler, Esq., DiMarino, Lehrer & Collazo, P.C.
Jeanne LoCicero, Esq., Legal Director, American Civil Liberties Union of New Jersey
This program is designed to provide concrete and strategic information for practitioners representing a client who may seek, or oppose relief other than, or in addition to, monetary damages, and may need emergent relief.
Topics to be covered include:
- Review of the standards governing the applications for injunctive relief and determining when equitable relief is both appropriate and attainable
- Injunctive Relief 101: Process for filing, serving and moving forward with an emergent injunctive application
- Emerging trends and judicial insight relating to injunctive relief
This CLE event is free of charge and will be held virtually.
This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit. Of these, 0 qualify as hours of credit for ethics/professionalism, and 0 qualify as hours of credit toward certification in civil trial law, criminal trial law, workers compensation law and/or matrimonial law.
This course has been approved for 1.5 substantive Pennsylvania CLE credits.
5th Annual Federal Pro Bono Institute
5th Annual Federal Pro Bono Institute
and We are pleased to announce the awarding of the 2022 Monday, January 23, 2023 (Zoom webinar) Program is free to attend. Presented in cooperation with the United States District Court Opening Remarks: AFBNJ President Ricardo Solano Jr., Esq., CareOne View from the New Jersey Federal Bench: Hon. Sharon A. King, U.S. Magistrate Judge, District of New Jersey This panel will start with an overview of the U.S District Court’s Pro Bono Program and will cover the types of cases assigned, process for assignment, how to become a part of the program, what Judges expect from pro bono counsel, the experience newer counsel can gain in pro bono cases, and what a pro bono trial looks like from the bench. Pro Bono Practitioner Resource Update: Eric H. Jaso, Esq., Spiro Harrison & Nelson Keynote: Justice Barry T. Albin (Ret.), Lowenstein Sandler LLP Justice Albin will discuss the importance of pro bono and public interest representation and, using the Kakkouras litigation as a case study, analyze critical strategic choices in Section 1983 litigation. Avoiding Pitfalls in Pro Bono Representation: Maximilian D. Cadmus, Esq., Epstein Becker & Green, P.C. Although litigation for paying and pro bono clients may be more similar than you think, this session will identify some of the key differences and discuss procedures, techniques and tips to avoid potential pitfalls so that you may represent pro bono clients to the fullest. The panel will touch on engagement issues, potential complications in pro bono representation, setting boundaries, best practices in communication, responsibilities within the law firm and available resources. Hon. Jerome B. Simandle Award* Presentation: The Simandle Award will be presented to the Hon. Lois Goodman at the AFBNJ’s Annual Judicial Conference being held in-person on March 21, 2023 at Forsgate Country Club. We hope you will join us then to honor Judge Goodman. Important CLE Information:
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December 14, 2022: Demystifying International & Interstate Discovery
The United States District Court for the District of New Jersey, in conjunction with the Association of the Federal Bar of New Jersey, presents:
Demystifying International & Interstate Discovery
Wednesday, December 14, 2022
12:00 – 1:30 pm
Virtual Webinar
Moderator:
William C. Baton, Esq., Saul Ewing LLP
Panelists:
Hon. Michael A. Hammer, U.S. Magistrate Judge, District of New Jersey
Hon. Cathy L. Waldor, U.S. Magistrate Judge, District of New Jersey
Clara N. Jiménez, Esq., Senior Counsel, Patent Litigation, Johnson & Johnson
Michael Martinez, Esq., Kramer Levin Naftalis & Frankel LLP
Rodney Villazor, Esq., Smith Villazor LLP
This seminar will explore how to utilize certain laws, rules, and best practices to navigate potential obstacles that can arise in seeking international and interstate discovery in criminal and civil actions.
This CLE event is free of charge and will be held virtually.
This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit. Of these, 0 qualify as hours of credit for ethics/professionalism, and 0 qualify as hours of credit toward certification in civil trial law, criminal trial law, workers compensation law and/or matrimonial law.
This course has been approved for 1.5 substantive Pennsylvania CLE credits.
Chapter 13 Bankruptcy Symposium: Friday, November 4, 2022
Chapter 13 Symposium – Friday, November 4, 2022
Pines Manor, Edison, NJ
Program: 9:00 am – 12:30 pm
Welcome – Marie-Ann Greenberg, Ch. 13 Standing Trustee, Newark Vicinage
Session One: Moderator: Hon. Christine M. Gravelle, U.S. Bankruptcy Court, District of New Jersey
Representing Uncooperative Clients in a Chapter 13 Case – A discussion on how to maintain your ethical responsibilities and moral compass while still appropriately representing your client. Also, a bankruptcy criminal case update.
- Speakers: William Clunn, Staff Attorney for Isabel C. Balboa, Chapter 13 Standing Trustee; Martha Hildebrandt, Office of the U.S. Trustee; James Stives, Office of the U.S. Trustee
Ethics of Remote Lawyering – A discussion on the dos and don’ts of remote lawyering in this day and age.
- Speaker: Christina Livorsi, Day Pitney LLP
Session Two: Moderator: Albert Russo, Ch. 13 Standing Trustee, Trenton Vicinage
Joint Administration, Consolidation and Sever in a Chapter 13 Case – A discussion on the pitfalls of jointly administered cases and severed cases, review of applicable code section, rules and case law.
- Speakers: Chief Judge Michael B. Kaplan, U.S. Bankruptcy Court, District of New Jersey; Hon. Rosemary Gambardella, U.S. Bankruptcy Court, District of New Jersey; Susan Long, The Law Offices of Susan S. Long; Rebecca K. McDowell, Saldutti Law Group
Case Law Update – A review of current opinions affecting the Chapter 13 practice in the District of New Jersey.
- Speakers: Rebecca Earl, Career Law Clerk for the Hon. Michael B. Kaplan; Michael Tedesco, Career Law Clerk for the Hon. Christine M. Gravelle; Kevin Holden, Career Law Clerk for the Hon. Jerrold N. Poslusny Jr.
Closing Remarks – Chief Judge Michael B. Kaplan and Marie-Ann Greenberg, Ch. 13 Standing Trustee, Newark Vicinage
Earn 3.0 NJ CLE credits (including 1.5 ethics credits) and 2.5 PA CLE credits (including 1.0 ethics credit) by attending the full program. In order to receive proper credit, each attendee is required to complete and submit a CLE Affirmation Form after the program.
Annual Young Lawyers, Federal Judges and 2022 – 2023 Law Clerks Welcome Reception: December 1, 2022
Annual Young Lawyers*, Federal Judges and 2022- 2023 Law Clerks Welcome Reception
Thursday, December 1, 2022
6:00 – 8:00 pm
McCarter & English, LLP
Newark, NJ
Thank you to everyone who attended the 2022 – 2023 Reception.
*Attendance is limited to lawyers who have been practicing for ten years or less and are current or prospective members of the Association, Federal Judges and Federal Law Clerks.