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40th Annual Civil Trial Practice Institute: Day 1, Preparing for Trial

SKU: LIT4100N
Total Credits
6.25 - 7.5
Price$250
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Description

This CLE program will take attendees through the entire state civil trial process. You will learn ways to develop and improve trial preparation and litigation techniques within the context of personal injury and commercial cases. This will also as an excellent refresher for more experienced practitioners.

  • Civil Pre-Trial Practice: Commercial Litigation & Personal Injury Litigation
  • Preparation of Plaintiffs and Defendants
  • Conference and Settlement and Mediation in Commercial and Personal Injury Cases
  • Courtroom Techniques: Dealing with Expert Testimony and Hearsay
  • Courtroom Techniques: Dealing with Witnesses

Lecturer Bios

Tracee Davis

Tracee E. Davis is a senior associate in the commercial litigation group at Zeichner Ellman & Krause LLP. At ZEK, Ms. Davis handles both federal and state court cases involving matters ranging in complexity: from commercial business disputes to consumer and lender’s liability class actions to disputes involving complex structured refinancing transactions. She is a graduate of Montclair State College and of American University, Washington College of Law, where she earned her law degree. Prior to joining Zeichner Ellman & Krause LLP, Ms. Davis served as the Principal Court Attorney to Justice Charles E. Ramos of the New York State Supreme Court, Commercial Division in Manhattan. During her five years with Justice Ramos, Ms. Davis assisted in managing the resolution of more than 400 complex commercial cases. She researched and wrote court opinions, many of which were published, and negotiated case settlements on panoply of business and commercial issues. Some of the cases she handled included consumer fraud class actions, unfair competition and employment contract disputes, and conflicts arising from private investment/financial arrangements. She also served an Adjunct Professor of Law at New York Law School. Ms. Davis lectured at Education Unlimited for several years to real estate salespersons on the laws regulating commercial and residential real estate transactions. Ms. Davis is currently a Delegate to the New York State Bar Association’s House of Delegates, the immediate past Secretary of the New York State Bar Association’s Commercial and Federal Litigation Section and since 2001 has been a member of the Section’s Executive Committee. She also served as Co-Chair of the Section’s State Court Counsel Committee. Ms. Davis is also a member of the Association of the City Bar of the City of New York and member of the Association’s State Court of Superior Jurisdiction Committee. In 2004, she was also appointed Director of the Independent Judicial Screening Panel, New York County Democratic Party (Civil Court 2004) to oversee the merit-based screening and selection process for reviewing applications and identifying qualified candidates. Ms. Davis has chaired or served as a faculty member of a number of programs for the NYSBA, the Association of the City Bar, the New York County Lawyers’ Association, and the Anti-Bias Committee of the New York State Supreme Court, New York County.

Jay G. Safer, Esq.

Partner Jay G. Safer is a partner in Locke Lord Bissell & Liddell's New York office and has experience handling complex litigation and arbitration in the United States and abroad. He represents clients in matters concerning contracts, antitrust, securities, RICO, banking, qui tam, international litigation and arbitration, including application of the New York Convention and enforcement of foreign judgments and arbitration awards, insurance, construction, real estate, employment, media, product liability, health care, professional ethics, financial, constitutional and regulatory issues. He also counsels clients on commercial matters, including protection and preventive measures, creation of risk litigation plans, pre-litigation analysis, e-discovery, e-readiness, esignature/ e-sign, document retention policies, and electronic records. Jay was appointed to serve on the Planning Committee for the Judicial Conference of the U.S. Court of Appeals for the Second Circuit, which he attended with the Judges of the Second Circuit. Jay was appointed by Chief Judge Judith S. Kaye to serve on a Special Commission on the Future of the New York State Courts. The Commission is composed of lawyers, civic leaders, government and private sector representatives, academicians, and sitting and former trial and appellate court judges. The Commission's charge is to redesign the state's trial court structure. Jay is the Past Chair of the 2,000 member Federal & Commercial Litigation Section of the New York State Bar Association and is the Co-Chair of its Federal Judiciary Committee. Jay has served as a lecturer on panels and a member of committees with judges and attorneys discussing a wide range of civil litigation issues, international arbitration and litigation skills, including cross examination for the National Institute for Trial Advocacy, professional ethics, ediscovery, e-signature and e-records. Jay is a member of The Sedona Conference Working Group on Electronic Document Retention and Production (WG1) and The Sedona Conference Working Group on International Electronic Information Management, Discovery and Disclosure (WG6). Jay is a member of the Advisory Board of the Institute for Transnational Arbitration (ITA). Education Columbia University,J.D., 1971 Vanderbilt University, B.A., 1968 Bar Admissions New York, 1972 Courts u.s. Supreme Court New York State Court U.S. Court of Appeals (2nd Circuit) U.S. Court of Appeals (3rd Circuit) U.S. Court of Appeals (11 th Circuit) U.S. District Court, S.D. New York U.S. District Court, E.D. New York U.S. District Court, N.D. New York U.S. District Court, N.D. Illinois U.S. District Court, Connecticut

Robert Kelner, Esq.

Mr. Kelner graduated from Columbia University School of Law, and is a member of the Bar of the State of New York. He is admitted to the United States District Court, Southern and Eastern Districts. Currently, Mr. Kelner is a member of the law firm Kelner & Kelner, Esqs., specializing in the practice of personal injury, medical malpractice and products liability law. He has obtained many verdicts in excess of $10,000,000, including one verdict of approximately $23,000,000 (Martin v. Dellwood) and one verdict in excess of $36,000,000 (Driscoll v. New York City Transit Authority). Mr. Kelner has lectured before virtually all major bar associations in Continuing Legal Education Programs, including, but not limited to, the New York State Bar Association, New York State Trial Lawyers Association, Association of the Bar of the City of New York, and the New York County Lawyers’ Association, where he is Co-chair of the annual Civil Trial Practice Institute. In addition, he lectured at Princeton University and Columbia University School of Law. Mr. Kelner is the author of numerous publications and serves as co-columnist of the New York Law Journal’s monthly column on Trial Practice.

Robert J. Conway

Mr. Conway received a B.A. degree from Fordham University and a J.D. degree from Albany Law School Union University. He is currently a partner in Marshall Conway & Wright, PC, one of the leading insurance defense firms in New York and New Jersey. He is admitted to the Bar in New York State, as well as admitted to practice in the U.S. District Court, Southern and Eastern Districts of New York. Mr. Conway is a member of the American Bar Association, Tort and Insurance Practice Section; Defense Research Institute; New York State Bar Association, Insurance Negligence and Compensation Section; New York County Lawyers’ Association; Nassau County Bar Association; American Arbitration Association; and Defense Association of New York (DANY).

Lewis Tesser, Esq.

Lewis Tesser is a senior partner in the New York law firm of Tesser, Ryan & Rochman, LLP, concentrating his practice in litigation and mediation, representing licensed professionals and professional practices, administrative law and commercial law. Lew Tesser is Vice-President of the New York County Lawyers’ Association and Director of its Ethics Institute.

Prior to private practice, Mr. Tesser was an Assistant United States Attorney in the Eastern District of New York. In that capacity, he represented various agencies of the United States government in litigation in the United States District Court and United States Court of Appeals. Mr. Tesser also served as a Judge Advocate in the United States Army where he prosecuted and defended criminal cases and was the chief legal advisor to the Commanding General of the U.S. Army War College, Carlisle, Pennsylvania. He also has served as an Arbitrator for the American Arbitration Association, New York City Civil Court, a Judge for the Environmental Control Board of the City of New York and a lecturer for various Bar Associations and New York area law schools.

Mr. Tesser, who was admitted to practice in 1971, is a 1970 Honors graduate from the National Law Center, George Washington University, a Masters graduate from the Wharton Business School, University of Pennsylvania (l974) and a graduate of the Harvard Law School Program of Instruction for Lawyers. He is a past President of Congregation Sons of Israel, Nyack, NY.

Hon. Barbara Jaffe

Justice Barbara Jaffe received her BA, cum laude, from Syracuse University, as well as her MA, for which she was awarded a graduate fellowship to study Italian Renaissance Art in Florence, Italy. She then spent several years in the wholesale antiques business in Manhattan and received her JD from Brooklyn Law School in 1984. Justice Jaffe was elected to the New York City Civil Court in 2001, and was appointed to the New York State Supreme Court in 2009. She presides in a city part, an IAS part, and a part where she tries matrimonial and asbestos-related cases. Before her election, she served as principal court attorney to Justice Marcy L. Kahn and before that, to Justice Jay Gold. Following law school, she was associate appellate counsel with The Legal Aid Society’s Criminal Appeals Bureau. A long-time member of NYCLA, Justice Jaffe is a founding faculty member of its Art Litigation and Dispute Resolution Institute and co-chaired its Civil Court Practice Section. She presently sits on NYCLA’s Pro Bono Committee, Supreme Court Committee, and Committee on Lesbians, Gays, Bisexuals, and Transgendered Issues. At the New York City Bar Association, Justice Jaffe represented the City Bar as a Delegate to the New York State Bar Association’s House of Delegates, and has served on the City Bar’s Committee on Nominations, Art Law Committee, Committee on Civil Court, Committee on Criminal Law, and Special Committee on Public Service and Education. She is presently a member of its Special Committee on Capital Punishment. She also chaired a joint committee composed of members of the City Bar and NYCLA which produced, in six languages, the “New York State Criminal Justice Handbook.” At the New York State Bar Association, Justice Jaffe serves on the Entertainment, Art, and Sports Law Section’s Executive Committee. For the New York Women’s Bar, Justice Jaffe co-chairs the Professional Ethics and Discipline Committee, and has served on its Board. She also co-chaired the Legislative Committee and the Criminal Law Committee of the Women’s Bar Association of the State of New York, and is a Past President of the Association of Arbitrators of the Small Claims Court. Justice Jaffe is delighted to moderate her fifth panel for the Institute.

David Jaroslawicz

David Jaroslawicz, the principal partner of Jaroslawicz & Jaros, is a member of the New York, Florida and California bar. He has been in practice for over 34 years and has secured tens of millions of dollars on behalf of his clients during this time. Mr. Jaroslawicz has handled both trials and appeals and has argued before the United States Supreme Court, the New York State Court of Appeals, the United States Court of Appeals for the Second, Ninth, and Tenth Circuit, as well as the Florida Supreme Court. Mr. Jaroslawicz has represented countless clients involved in commercial litigation; contract disputes; real estate litigation; sexual discrimination and harassment, sexual abuse by priests, medical malpractice; product liability cases such as defective medical products, pharmaceuticals, bicycle or motorcycle helmets, industrial machinery, tires, hospital equipment, and defective automobiles, among others. His contributions to the practice of law have helped shape New York and New Jersey common law. In fact, Mr. Jaroslawicz was among the legal pioneers who developed the “concerted action” theory that was utilized against drug manufacturer Eli Lilly Pharmaceuticals, who had manufactured and sold DES, a drug that caused cancer in children decades after their mothers had ingested the drugs while pregnant. (link to Eli Lilly case and other notable cases). In addition to his work in the personal injury field, Mr. Jaroslawicz has also handled several class-action consumer fraud lawsuits as well as lawsuits on behalf of stock holders who have suffered severe financial losses as a result of securities fraud during the dot-com downfall. Due to his expertise, Mr. Jaroslawicz had been invited to lecture on numerous occasions on behalf of lawyer groups such as the New York Trial Lawyers Association.

Clifford Aaron

Clifford Aaron has been a litigator in New York State for over 25 years. He began his career as an Assistant District Attorney in the Bronx County District Attorney’s office, where he tried over 30 felony cases to verdict. He is currently a partner in the downtown personal injury firm of London Fischer LLP, where he specializes in insurance defense litigation, general liability, vicarious liability, and automotive products liability, catastrophic injury, and complex commercial litigation. His clients include some of the largest automotive manufacturers in the world, and he has tried numerous personal injury lawsuits to verdict both in state and federal court throughout New York State. He has been an adjunct professor of law at New York Law School, and is the former treasurer of the Products Liability Subcommittee of the Tort Division of the New York County Lawyers’ Association. He is a member, NYS and American Bar Associations, Defense Research Institute and NYCLA. Mr. Aaron is admitted to the bar in New York, U.S. District Courts for the Southern, Eastern and Western Districts of New York and Tennessee. He received his B.A. degree from Franklin & marshall College and J.D. degree from Villanova University.

Hon. Richard F. Braun

Richard Braun is a justice for the New York County Supreme Court, Civil Term in the 1st Judicial District of New York. He was elected to this position in 2004, after serving as an acting justice from 1997. His current term expires in 2017.

Hon. Saliann Scarpulla

Justice, Supreme Court, New York County, Elected, 2013 to 2026 Acting Justice, Supreme Court, New York County, Appointed by Chief Administrative Judge Ann Pfau, 2009 to 2012 Judge, Civil Court of the City of New York, New York County, Elected, 2002 to 2011; Re-elected, 2012 to 2012

Joshua D. Kelner, Esq.

Joshua D. Kelner graduated cum laude from Williams College in 2001 and cum laude from Harvard Law School in 2004. While in law school, he was Articles Editor for the Harvard Civil Rights-Civil Liberties Law Review, and a finalist in the Ames Moot Court Competition. In college, he was President of the Williams College debate team. He has been associated with Kelner & Kelner since 2005, during which time he has concentrated his practice on the trial preparation of complex personal injury cases and on appellate advocacy. He has conducted depositions, second seated trials, and argued numerous motions before the courts. He has also successfully briefed and argued numerous appeals. He was previously associated with the law firm of Kramer Levin Naftalis & Frankel, LLP, during which time he focused on federal litigation and white collar criminal defense. He is the author of The Anatomy of an Image: Unpacking the Case for Tort Reform, which was published in the University of Dayton Law Review in 2006. He is a member of the New York State Trial Lawyers Association and the New York State Bar Association.



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