Event Overview
Wednesday, January 18, 2023
9:00 PM – 11:00 PM — Hospitality Suite
Thursday, January 19, 2023
10:00 AM – 1:00 PM — In-Person CLE Program
1:00 PM – 3:00 PM — Break for Lunch
3:10 PM – 5:45 PM — In-Person CLE Program
6:00 PM – 8:00 PM — Awards Cocktail Reception
6.0 MCLE Credits
6.0 Areas of Professional Practice
This program is transitional and is suitable for all attorneys
including those newly admitted.
Torts, Insurance and Compensation Law Section Chair
Molly C. Casey, Esq., O’Connor, O’Connor, Bresee & First PC, Albany, New York
Trial Lawyers Section Chair
Daniel G. Ecker, Esq., Lever & Ecker, PLLC, White Plains, New York
General Registration Fee
Required for in-person attendees.
| NYSBA Members | $215 |
| Non-members | $300 |
+plus…
$150 Program Registration Fee
Complimentary Networking and Awards Reception – (Optional, but registration required!)
Thursday, January 19, 2023
New York Hilton Midtown
Morning CLE Session | 10:00 a.m. – 1:00 p.m. | Sutton South, Second Floor
Afternoon CLE Session | 3:00 p.m. – 5:45 p.m. | Sutton South, Second Floor
6.0 MCLE Credits
6.0 Areas of Professional Practice
This program is transitional and is suitable for all attorneys
including those newly admitted.
10:00 a.m. – 10:05 a.m.
Business Meeting of the TICL Section Executive Committee: Executive Committee 2023-2024 Nomination Slate
Molly Casey, Esq., Chair, Torts, Insurance and Compensation Law Section, Maguire Cardona, P.C., Albany, New York
10:00 a.m. – 10:05 a.m.
Business Meeting of the Trial Lawyers Section Executive Committee: Executive Committee 2023-2024 Nomination Slate
Daniel G. Ecker, Esq., Chair, Trial Lawyers Section Lever and Ecker, PLLC, White Plains, New York
10:05 a.m. – 10:10 a.m.
Welcome & Introductions
Speaker
Daniel G. Ecker, Esq. | Chair, Trial Lawyers Section Lever and Ecker, PLLC, White Plains, New York
Molly Casey, Esq. | Chair, Torts, Insurance and Compensation Law Section, Maguire Cardona, P.C. Albany, New York
10:10 a.m. – 11:25 a.m.
ADR Mediation from the Private Mediator Perspective
Retired Appellate Justice Jeffery A. Cohen and Attorney Jim Hacker, Esq. will offer their perspectives on private mediation, including the practices by the involved lawyers that tend to increase – and decrease – the likelihood of a successful mediation. They will offer insights on, among other things, mediation submissions, client management and negotiation strategy at mediation. Justice Cohen serves as a mediator through NAM while Jim Hacker is the Managing Partner of E. Stewart Jones Hacker Murphy LLP.
Speaker
Hon. Jeffrey A. Cohen (ret) | Abrams Fensterman, LLP, White Plains, New York
James E. Hacker, Esq. | E. Stewart Jones Hacker Murphy LLP, Troy, New York
1.5 Credits in Areas of Professional Practice11:25 a.m. – 11:35 a.m.
Break
11:35 a.m. – 12:50 p.m.
ADR Mediation from the Settlement Judge Perspective
Justice Joan B. Lefkowitz will provide insight into her views regarding alternative dispute resolution from the bench. Given the far more limited submissions and time that the courtroom settlement conferences tend to offer in comparison to private mediation, Justice Lefkowitz will offer guidance into what lawyers can do to maximize the likelihood of resolution in these more limited settings.
Speaker
Hon. Joan B. Lefkowitz | Supreme Court Justice, 9th Judicial District, Westchester, New York
Hon. Robert J. Muller | Supreme Court Justice, 4th District, Warren County
12:50 p.m. – 3:00 p.m.
Break for Lunch
3:00 p.m. – 3:05 p.m.
Welcome Back and Introductions
Speaker
Daniel G. Ecker, Esq. | Chair, Trial Lawyers Section Lever and Ecker, PLLC, New York, New York
3:05 p.m. – 3:55 p.m.
Dealing With the Commonly Raised Defenses in 240 & 241 NY Labor Law Cases
Trending issues and tips on proving and/or defeating the common labor law defenses. Topics will include: The “It Doesn’t Apply To this Case” defense and Plaintiff’s use of the integral and necessary part test; Sole Proximate Cause/Recalcitrant Worker Defense; De Minimus/Same Level as Plaintiff Rule; When Prior notice is a required element.
Speaker
Daniel R. Santola, Esq. | Powers & Santola, LLP, Albany, New York
1.0 Credit in Areas of Professional Practice3:55 p.m. – 4:45 p.m.
Trial Motions and Motions in Limine
This session will explore trial motion practice -- trial motions and motions in limine. Learn about motions under Article 44 of the CPLR. Get an overview of recent decisions of interest. Learn about strategic reasons for making select motions and repercussions for failure to make timely motions. Post-verdict checklists will also be covered. Be prepared for your next high stakes trial – attend this session and gain an understanding of trial motions and motions in limine from both the bench and bar.
Speaker
Michael P. O’Brien, Esq. | O’Brien Law Firm, PLLC, New York, New York
1.0 Credit in Areas of Professional Practice4:45 p.m. – 5:35 p.m.
The Anatomy of an Asbestos Trial
Although asbestos trials are not very different from an ordinary personal injury trial, the stakes are generally much higher. Justice Adams and Justice Silver will address several points of departure where an asbestos trial may present some unusual challenges for the bench and bar.
Speaker
Hon. Suzanne Adams | Acting Supreme Court Justice, New York, New York
Hon. George J. Silver (ret) | Silverstar Mediation and Arbitration LLC, New York, New York
1.0 Credit in Areas of Professional Practice5:45 p.m.
Adjourn
Hon. Suzanne Adams, Acting Supreme Court Justice, New York, New York
Hon. Jeffrey A. Cohen (ret), Abrams Fensterman, LLP, White Plains, New York
James E. Hacker, Esq., E. Stewart Jones Hacker Murphy LLP, Troy, New York
Hon. Joan B. Lefkowitz, Supreme Court Justice, 9th Judicial District, Westchester, New York
Hon. Robert J. Muller, Supreme Court Justice, 4th Judicial District, Warren County
Michael P. O’Brien, Esq., O’Brien Law Firm, PLLC, New York, New
Daniel R. Santola, Esq., Powers & Santola, LLP, Albany, New York
Hon. George J. Silver (ret), Silverstar Mediation and Arbitration LLC, New York, New York
The TICL and Trial Lawyers Sections will be honoring the recipients of their annual awards at the Awards and Networking Reception on January 19 during Annual Meeting at the New York Hilton Midtown at 6pm in Beekman. Limited tickets are available. Light refreshments will be served.
Lifetime Achievement Award
The Torts Insurance and Compensation Law Section and the Trial Lawyers Section will be presenting the Lifetime Achievement Award to Justice Lawrence K. Marks, Chief Administrative Judge of the Courts of New York State.
Congratulations to the Torts, Insurance and Compensation Law Awardees
Sheldon Hurwitz Young Lawyer Award
In recognition of outstanding contributions to the practice of law in the field of insurance.
Brian D. Barnas, Esq., Hurwitz Fine, PC, Buffalo, New York
Abigail A. Dean, Esq., Albany, New York
The Professor David D. Siegel Award
In recognition of outstanding contributions to the study of New York Law
Prof. Patrick M. Connors, Albany Law School, Albany, NY
John E. Leach Memorial Award
In recognition of the outstanding service and distinguished contributions to the legal profession as a member of the TICL Section
Saul Wilensky, Esq., Schnader Harrison Segal & Lewis LLP, New York, New York
Outstanding Jurist Awards
Hon. George J. Silver (ret.), Silverstar Mediation and Arbitration
Recognized for his outstanding contributions while Deputy Chief Administrative Judge for the New York City Courts.
Hon. Denis J. Butler, Supreme Court, Queens County
Recognized for his outstanding contributions as a Justice of the Supreme Court, Queens County.
Congratulations to the Trial Lawyers Section 2nd Annual Awards Winners
Betty D. Friedlander Award for Trial Excellence
Hon. Laura M. Jordan, Justice of the Supreme Court, 3rd Judicial District Of New York
For distinguishing herself in upstate trial practice, demonstrating the highest quality of trial skill and conduct and showing a commitment to professional excellence.
Peter C. Kopff Trial Advocacy Award
Helene E. Blank, Esq., Blank & Star, Pllc, Brooklyn, New York
In recognition of the professional career of a trial lawyer in private practice who embodies the highest ideals of the Trial Lawyers Section.
Justice Irma Vidal Santaella Memorial Award for Excellence in the Courtroom
Hon Doris M. Gonzalez, Justice of the Supreme Court, 12th Judicial District of New York
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