Good morning Family Law Section members,
On Monday, Nov. 20, NJICLE and NJSBA will present the NJSBA Fall Conference from 8:30 a.m. to 4:30 p.m.
Enjoy a CLE extravaganza from the comfort of your home or office as you log in to the NJSBA Fall Conference. While the esteemed judges are at Judicial College, join us for a special day of seminars in a variety of practice areas and with speakers who are at the very top of the profession.
Join us for The NJSBA Fall Conference for a convenient way to earn CLE credits on topics that include criminal law, labor and employment law, personal injury, school law, social media posts, marriage equality, family law, real estate, land use, animal law, local government law, landlord tenant and elder and disability law.
TOPICS AND SPEAKERS
Litigation Lessons from the Murdagh Trial
The story of the Alex Murdaugh Murder Trial is a story of substance abuse, disregard for lawyer ethics, and murder. And yes, the three are related. From small town USA, the Murdaugh family has controlled the law in Hampton County for almost 100 years. Corners were cut. Misdeeds ignored. Could this include murder? A jury, after hearing about Alex Murdaugh's ethical violations and the facts surrounding the murder of his wife and son, convicted him of first-degree murder in less than 3 hours. This amazing story, that grabbed America's attention like no other recent case save People v. OJ, is a cautionary tale about the dangerous lures of power, greed and substance abuse in the practice of law. And along the way, we will examine the trial strategies that worked – and failed – in this cautionary story.
Speaker:
Joel Oster, Esq.
Comedian of Law, LLC
Two Hot Issues in Labor and Employment
This program will address two hot topics for labor and employment attorneys.
First, hear about the ramifications of Pantano vs. New York Shipping Association from Matthew Schiappa, who argued the case on behalf of the prevailing respondents.
He will delve into The Borrowed Employee Test as discussed in the June 2023 decision. The New Jersey Supreme Court considered the test for determining whether someone who commits a tort in the course of employment is a special employee and thereby shields the company from liability. He will also provide an in-depth analysis of the test used to determine whether a company exercises control over an employee and what it means for your practice.
Then, the retired U.S. Magistrate Judge Ronald Hedges will generate some excitement when he discusses the second hot issue of the day, how generative A.I. (GAI) will affect your labor and employment practice. Judge Hedges will discuss the nature of GAI and how it is being used, the Model Rules of Professional Conduct, NJ RPC's and GAI, GAI and the Federal Rules of Civil Procedure and finally, what the future might hold.
Speakers:
Hon. Ronald J. Hedges (ret.)
Ronald J. Hedges, LLC, Hackensack
Matthew A. Schiappa, Esq.
Lomurro Law, Freehold
What Attorneys Need to Know about Hoarding Disorder
Most of us are aware of the symptoms of hoarding disorder – a clutter so great that it disrupts the ability of the people who gather the items to use their living spaces for anything other than storage. People with hoarding disorder have persistent difficulty getting rid of or parting with possessions due to a perceived need to save the items. Attempts to part with possessions create considerable distress and lead to decisions to save them. They collect and keep items we don't understand, such as items destroyed by dirt or insects, or food that has been decimated by mold.
The physical manifestation of hoarding disorder leads to myriad legal issues. For example:
• A landlord may petition the court to evict a tenant when excessive possessions or unsanitary conditions violate a lease.
• Protective service workers may seek guardianship of children, disabled, or older adults when they determine that the consequences of hoarding disorder constitute abuse or neglect of these individuals.
• Members of the public health or fire departments may appear before a judge for a court order to bring a property in compliance with health and safety codes or, in extreme cases, to condemn the property.
• Animal welfare workers may petition the court to remove abused or neglected animals from their owner
If your practice involves family law, real estate, land use, animal law, local government, landlord tenant, elder and disability law or any issues that touch on living conditions or quality of life, you will not want to miss this fascinating insight into hoarding disorder. Lauren Williams, a National Association of Productivity and Organizing Professionals certified professional organizer with decades of experience will help you understand the motivation and causes of hoarding disorder. Lauren and attorney Xiao Sun will discuss the implications for lawyers and provide you with some tools that may help you better handle a legal situation that involves a hoarder.
Speakers:
Xiao Sun, Esq.
Orloff Lowenbach, Stifelman & Siegel, PA, Morristown
Lauren Williams, CPO®, CVPO®
Casual Uncluttering, LLC
Case Studies in Complex Personal Injury Cases
A panel of respected New Jersey personal injury attorneys will share their experiences and strategies for building, defending and presenting cases involving complex issues in specific liability and damage scenarios. You will learn tools and techniques to secure the best outcome for your client. Gain insight from leaders in the field on:
• Preparing, defending and presenting construction injury claims
• Preparing, defending and presenting traumatic brain injury cases
• Coverage issue considerations
• Plus added perspective from a New Jersey mediator
Moderator/Speaker:
Michael G. Donahue, Esq.
Past Chair, NJSBA Civil Trial Bar Section
Stark & Stark, Hamilton
Speakers:
Hon. Georgia M. Curio, AJSC (ret.)
Georgia M. Curio Alternative Dispute Resolution and Related Services, Vineland
Marco P. Di Florio, Esq.
Salmon, Ricchezza, Singer & Turchi LLP, Sewell and Philadelphia
Jennifer M. Jones, Esq.
McElroy, Deutsch, Mulvaney & Carpenter, LLP, Morristown
James S. Lynch, Esq.
Certified by the Supreme Court of New Jersey as a Civil Trial Attorney
Lynch Law Firm, Hasbrouck Heights
Bruce H. Stern, Esq.
Stark & Stark, Hamilton
Your Client's Social Media Posts Could Cost Them Their Job
On Oct. 5, the New Jersey Appellate Division ruled that a school district acted properly when it told a prospective employer that a teacher's social media posts made her the subject of a "sexual misconduct investigation" pursuant to a 2018 statute commonly known as the "Pass the Trash" law.
The ruling provides guidance on the application of that law, NJSA 18A:6-7.6-7.13. The law is meant to address the practice of encouraging school employees who engage in improper conduct to seek work elsewhere in exchange for a neutral job reference.
In this case, a teacher with the Hackensack School District had been under investigation for posting sexually explicit statements on social media in 2013. She agreed to resign as part of a settlement with the district before the investigation was complete. When she applied to the Clifton school district in 2019, Clifton sent a questionnaire to Hackensack as per the statute, and Hackensack replied that she had been under investigation. Clifton then rescinded a job offer.
The teacher sued Hackensack, asking it to rescind and correct its response to the questionnaire. An administrative law judge ruled for Hackensack and dismissed the teacher's complaint on summary judgment, and the Appellate Division later affirmed that ruling. The Commissioner of Education adopted the administrative law judge's findings.
Join John G. Geppert Jr., the attorney who argued the case, as he discusses the case, the law and the danger your clients may face when posting sexually explicit material on their social media pages.
Speaker:
John G. Geppert Jr., Esq.
Scarinci Hollenbeck, Little Falls
Preparing for Family Law Trials
Hear from experts who will discuss how to prepare different family law cases for trial.
• Preparing your witness for trial
• Trial tips for Family Lawyers: Direct and Cross-Examination
• Know Your Rules of Evidence
• Trial Tips for Family Lawyers
Speakers:
Bruce E. Chase, Esq.
Chase & Chase LLC, Hackensack
Jhanice V. Domingo, Esq.
Pashman Stein Walder Hayden, PC, Hackensack
Barry L. Kaufman, Esq.
Aronsohn Weiner Salerno & Kaufman, PC, Hackensack
Waiting at the Altar: How Marriage Equality Finally Got Hitched to New Jersey Law
Oct. 21, 2023, is the 10th anniversary of marriage equality in New Jersey. It marks the effective date of Mercer Assignment Judge Mary C. Jacobson's landmark ruling in Garden State Equality v. Dow, 82 A. 3d 336 (Law Div. 2013), holding that New Jersey's marriage laws violated the rights of same-sex couples to equal protection of the law under the New Jersey State Constitution.
Join NJSBA Past President Thomas H. Prol – a founding executive board member of the Garden State Equality, co-author of the New Jersey marriage equality statute, and a partner at Sills Cummis & Gross – and the Hon. Daniel L. Weiss (ret.), who along with his husband John were the lead plaintiff couple in the case, as they share a behind-the-scenes view on that litigation and the grassroots effort to achieve equality for committed couples. They will speak about how Garden State Equality worked with lawyers and national civil rights organization Lambda Legal to change the course of history for the LGBT community and others. Judge Weiss will also share his personal story of what led him and his husband to be plaintiffs in the case.
Speakers:
Hon. Daniel L. Weiss (ret.)
Thomas H. Prol, Esq.
Past President, NJSBA
Sills Cummis & Gross, PC, Newark
CLE credits:
NJ CLE: NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 8.2 hours of total CLE credit (Full Credits Available: NJ General: 8.2).
NY CLE: NY Professional Practice Non-Transitional: 8.0
PA CLE: PA Substantive Credit: 6.5
$28.00 fee – payment is required for PACLE credits, and can be made when registering for this program or when submitting your CLE form
The tuition for NJSBA members is $185. The general tuition is $225.
Click here to register for The NJSBA Fall Conference.
For questions or to register by phone, please contact an association representative at 732-214-8500 or by email at [email protected].
All the best,
Barb
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Barbara S. Straczynski
Director of New Media and Promotion
New Jersey State Bar Association
One Constitution Square
New Brunswick, NJ 08901
732-937-7524
[email protected]------------------------------