Appellate Practice CLE Program: Comparing State and Federal Practice

The Second Circuit’s state and Federal Judicial Advisory Council will sponsor a CLE on April 24. Jim Wicks will present the program overview for this CLE.  Jim will moderate and Katy Cole will be a panelist discussing Ethics of Appellate Practice. 

Following welcoming remarks by Chief Judge Dora Irizarry, the program agenda is as follows:

Introductions: Program overview by James M. Wicks, Esq., Farrell Fritz (5 mins.)

Practical Differences in State and Federal Appellate Practice: Discussion of differences in appellate practice between the two courts. Speakers: Hon. Raymond Lohier, U.S. Circuit Judge for the Second Circuit; Hon. Alan Scheinkman, Presiding Justice, Appellate Division, Second Department; Evan Krinick, Esq., Rivkin Radler; Ira M. Feinberg, Esq., Hogan Lovells (50 mins.). Issues covered:

1. Preservation of Issues
2. Finality/Interlocutory appeals
3. Argument differences: time limits/rebuttal
4. Timing of appeals: perfecting; filing; briefing scheduling
5. The record preparation and brief requirements
6. Injunctive relief/stays pending appeal

Ethics of Appellate Practice: Moderated panel discussion of ethical issues in appellate practice. Speakers: Moderator: James Wicks, Esq., Farrell Fritz; Panelists: Hon. Robert Miller, Justice, Appellate Division, Second Department; Hon. P. Kevin Castel, U.S. District Judge, SDNY; Amelia T.R. Starr, Esq., Davis Polk; Kathryn Carney Cole, Esq., Farrell Fritz; Elizabeth M. Sacksteder, Paul, Weiss, Rifkind, Wharton & Garrison LLP (50 mins.). Issues covered:

1. Filing frivolous appeals/sanctions;
2. Misstatements vs. zealous advocacy;
3. Duty to disclose authority;
4. “Cheating” on word limits;
5. Incivility toward counsel and the court;
6. Duty of competence;
7. Ghost writing.

This program is complimentary to any attorneys admitted to practice in the State of New York. Following each program, there will be a light refreshment gathering which will include the Judicial Panel. THERE IS NO FEE FOR THIS CLE OR THE RECEPTION. Space will be limited. You may now register for any of these programs through the Second Circuit registration program. The link to this website is: http://ww2.ca2.uscourts.gov/cle/Login.aspx