The NJSBA Virtual Fall Conference

Conflict Resilience – How to Negotiate and Win and Thrive in High Stakes Situations

Master conflict and come out with a win even in the most uncomfortable circumstances.

An attorney’s life is all about conflict. It is our “bread and butter.” From high-stakes lawsuits to business deals, real estate to decedents’ estates, client meetings to difficult adversaries, conflict is pervasive and our job is to win. Winning, though, sometimes has a collateral cost. We can lose sleep, relationships or time because we don’t deal with the discomfort and anger associated with conflict. What if you could use conflict as a tool to win while becoming more strategic and focused?

Join an internationally-recognized lawyer and negotiation expert and a renowned behavioral neurologist as they join forces to introduce conflict resilience: the radical act of sitting in and growing from conflict to break the bad habits that sabotage our politics, workplaces, relationships and cases. Conflict resilience will allow us to better serve our clients and ourselves in times of personal conflict by providing innovative techniques and an understanding of how conflict affects the brain. The result of this is to make us more resilient, strategic and controlled.

In this powerful presentation based on the best-selling book, attendees can learn the following:

• How to get out of your own way as a communicator
• Understanding the importance of timing
• How to embrace disagreement as an opportunity
• Learning how to anticipate and manage defensiveness

The program will also feature a panel of prominent NJSBA members, who will further connect the topics to the practice of law, settlement, and dealing with difficult counterparties. You will find a path to resolving conflicts in a way that better serves your clients, and yourself.

Speakers include:
– Robert C. Bordone, JD, Senior Fellow, Harvard Law School, Founder and Principal, The Cambridge Negotiation Institute
– Joel Salinas, MD, MBA, Clinical Associate Professor, Founder and Chief Medical Officer, Isaac Health 

The Captive Audience Rule Takes Effect Dec. 2 – How the Recent Legislation Will Affect Your Clients

On Sept. 3, the Governor signed A4429/S3302, which expands prohibitions on employers concerning requirements for employees to attend or listen to communications related to political or religious matters. This bill makes clear that employers cannot mandate employees to participate in communications about certain political matters, including mandatory meetings regarding the decision to join or support a labor organization or association. Such mandatory meetings, often called “captive audience” meetings, are a tactic some employers use to try and dissuade and threaten employees from forming or joining a union.

Join Senator Vin Gopal, one of the sponsors of the bill, and Diomedes Tsitouras, Executive Director of AAUP-BHSNJ, a professional labor organization representing 1400+ doctors, dentists, and other medical science faculty, as they delve into this impactful legislation and the affect it will have on your clients.

Speakers:
– Senator Vin Gopal (District 11), Majority Whip
– Diomedes Tsitouras, Executive Director of AAUP-BHSNJ

The Latest on the Community Wealth Preservation Act and Foreclosure

In August, a New Jersey court struck down the “right of second refusal” in the Community Wealth Preservation Act, declaring it unconstitutional in Atlantic County Sheriffs and Joseph O’Donoghue v. State of New Jersey. The ruling echoes concerns raised by many legal practitioners since the Act was signed into law in January 2024.

The case arose after several junior lienholders across New Jersey sought to vacate sheriff’s sales in their foreclosure actions after non-profit community development corporations purchased foreclosed properties at the upset price. The lienholders argued that this practice unfairly prevented them from bidding on the properties and denied property owners the chance to recover surplus equity.

While the court has ordered that the “right of second refusal” be stricken from Act, the remainder of the Act remains in effect. Notably, the Court’s decision is not retroactive and applies only to Sheriff’s sales conducted after Aug. 28.

Hear from leading experts as they unpack the court’s decision and explore what it means for the future of foreclosure in New Jersey. Don’t miss this opportunity to stay ahead of the curve.

Moderator:
– Lisa Chapland, Esq., Assistant General Counsel, New Jersey State Bar Association

Speakers:
– Harold G. Cohen, Esq., Dilworth Paxson LLP, Cherry Hill
– Lawrence J. Fineberg, Esq., Former Senior V.P. and Regional Counsel, Fidelity National Title Group (Ret.)
– Rob Saltzman, Esq., Pluese, Becker, Saltzman & Thomas LLC, Mount Laurel
– Maryann Flanigan Sutherland, Esq., Supervising Attorney, Foreclosure Defense Project, Legal Services of New Jersey, Edison

Accuracy in Engineering Animations

Modern audiences have become largely accustomed to the visually striking, cinematic animations produced by major film studios; however, their accuracy is often secondary to entertainment value. In the forensic realm, precision and accuracy are paramount for the creation of demonstrative evidence. This session delves into the engineering methods and standards used to produce scientifically defensible, court-admissible 3D exhibits. Attendees will develop a deeper understanding of the expert’s process, from the importance of “to-scale” objects and defining movements in accordance with physics laws to the strategic planning behind effective deliverables. Real-world case examples will showcase both challenges and solutions, illustrating the potential impact of objective, evidence-based demonstratives for investigations, insurance claims, and litigation. Additional topics to be covered include technical terminology, data collection, and incorporation of video evidence.

Speakers:
– Laurence R. Penn, CFVT, Senior Forensic Animation and Video Specialist
– Bailey A. Hentz, 8.5.A.E., ACTAR, Collision Reconstruction Engineer

Representing Muslim Clients in Residential Real Estate Closings

Residential real estate attorneys in New Jersey serve clients from a wide range of cultural and religious backgrounds. Representing Muslim clients in residential real estate closings presents unique considerations, because Islamic law prohibits the charging and paying of interest. This requires replacing the traditional lender-borrower relationship with alternative legal structures, such as co-ownership or lease-to-own agreements, that are finalized at closing.

Join a knowledgeable panel of speakers as they equip practitioners with the tools they need to provide competent and effective representation to their Muslim clients in residential real estate closings. Participants will gain practical information as the panel delves into the legal and financial issues that can arise and learn strategies for ensuring smooth and successful transactions.

Topics include:

• An overview of Islamic finance principles and their impact on mortgage structures.
• Understanding Sharia-compliant lending and purchase agreements.
• The various financial structures offered by different institutions and how to determine which one best suits your clients.
• How to navigate title, escrow, and insurance matters with sensitivity to faith-based concerns.
• Answers to your questions.

Speakers include:
– Saad Admani, Esq., President, New Jersey Muslim Lawyers Association, Admani Law, Jersey City
– Hisham Hamed, Esq., President, Fertile Crescent Title Agency, Law Offices of Hisham Hamed, LLC, Woodbridge

Representing Members of the LGBTQ Community in Criminal Proceedings

Representing clients in criminal matters requires more than mastery of statutes and courtroom skills, it demands understanding, empathy, and cultural competence. Members of the LGBTQ+ community often face unique challenges in the criminal justice system that can affect everything from bail to sentencing.

This program will help attorneys provide informed, effective, and respectful representation for LGBTQ+ clients at every stage of a criminal case.

• Common misconceptions and systemic barriers LGBTQ+ individuals face in the justice system
• Best practices for intake, communication, and confidentiality when representing LGBTQ+ clients
• Navigating issues related to name, gender identity, and pronoun use in court and correctional settings
• Legal protections, case law developments, and recent policy updates impacting LGBTQ+ defendants
• Strategies for addressing bias

Whether you’re a public defender, private practitioner, or prosecutor, this seminar will deepen your understanding of how to safeguard the rights and dignity of LGBTQ+ individuals in criminal proceedings and ensure they receive fair and equitable treatment under the law.

Moderator:
– Lee Schaer, Assistant Prosecutor, Bergen County Prosecutor’s Office

Speakers:
– Jessica Gomperts, Esq.
– Frank J. Morano, Esq., Flanagan Barone O’Brien, LLC, Bernardsville

Play Still Under Review: The Impact of the NIL Settlement in House vs. NCAA Within the Legal Landscape of College Sports

The landmark class-action settlement in House v. NCAA created a $2.8 billion damages fund and set up a framework allowing schools to formally compensate athletes for the use of their name, image, and likeness (“NIL”). It was supposed to give schools additional certainty and control amidst increasing turbulence following the NCAA’s July 2021 rule change that first allowed athletes to sign NIL deals with third parties.

And in many ways, it has. Schools this year can distribute up to $20.5 million to their own athletes as NIL compensation, and a new entity – the College Sports Commission – has been established to review NIL deals between athletes and third parties in order to ensure they are not “pay for play” deals. These measures were taken, in part, to minimize the influence of NIL collectives – groups of boosters and donors that popped up alongside almost every major college athletic program after the July 2021 rule change, and that signed NIL deals with athletes that blurred (or simply ignored) the distinction between “legitimate” NIL deals and pay-for-play.

But the House settlement and the new revenue-sharing system have also created new questions and issues regarding NIL, not just for schools but also for athletes, collectives, sponsoring businesses, state legislators, and even Congress. And even if those questions and issues are fully resolved, there are still a host of legal issues outside of the House settlement that could fundamentally change the world of college sports in the very near future.

Join Matthew Baker, a noted litigator, public policy advisor and sports law specialist, as he makes sense of the latest information in the multi-layered and ever-changing world of NIL. He will discuss the terms of the ground-breaking House settlement, and what lawyers representing schools, athletes, and potential third parties should know about the current NIL landscape as well as what issues to look for in the future.

Whether you represent student athletes or are a college sports fan, you won’t want to miss this fascinating look at the very latest in the changing legal landscape of college sports.

Speaker:
– Matthew I. W. Baker, Esq., Partner, Genova Burns, LLC, Newark

AI Turkeys and How to Avoid Them at your Thanksgiving Table

Presented in cooperation with the NJSBA AI Committee

It’s the night before Thanksgiving and you’re working late. You have one more brief point left before you can save your document and yield to merciful sleep with dreams of family and pumpkin pie. Bleary-eyed, you enter information and feed documents into your favorite AI program to speed up the process. It spits out what looks like coherent, logical, credible support you need for your last act of lawyering for the day. The clock is ticking. The wind is howling. Too tired to check the content you, copy the information, paste it and hit send. Done!

But wait! The realization that the brief you submitted is a turkey invades your dreams! As your head spins to the whirl of litigation demons you realize the AI assistant you used was hallucinating. The cases are wrong, the facts are wrong, your client’s personal information was included and your good reputation just disappeared along with your spotless malpractice record!

This cornucopia of misery can happen to any good lawyer with too much to do and too little time. Join us as we set the table for AI success and provide recipes for how to avoid your own tales of woe. We will review best practices and important rules and procedures to follow that will keep you safe from indigestion and malpractice.

Moderator:
– Steven J. Eisenstein, Esq., Lum, Drasco & Positan LLC, Roseland

Speakers:
– Hon. Mark B. Epstein, J.S.C. (Ret.), Hoagland, Longo, Moran, Dunst, & Doukas, LLP
– Chad M. Moore, Esq., Hoagland, Longo, Moran, Dunst & Doukas, LLP, New Brunswick and Hammonton
– Frank X. Wukovits, Esq., Chiesa Shahinian & Giantomasi PC, Roseland

Advanced Discovery Techniques for Experienced Practitioners

More information coming soon!

Difficult to Divide Assets in Family Law

More information coming soon!

It’s Not You, It’s Me – How to Ethically End the Attorney-Client Relationship

Attorneys often face difficult decisions about whether – and how – to withdraw from representing a client. Whether the client is failing to pay their fees, engaging in fraudulent activity, being disruptive or abusive, or for a multitude of other reasons, an attorney may need to end the attorney-client relationship.

This program will explore the ethical and practical dimensions of terminating representation, with a focus on minimizing risk to both the client and the attorney.

Using real-life examples from practice areas such as real estate, matrimonial, and trust and estate law, we’ll walk through the key considerations under RPC 1.16, including:

• When withdrawal is mandatory versus permissive.
• How to avoid prejudice to the client.
• Best practices for returning client property and files.
• Drafting effective termination letters.
• Coordinating with successor counsel.
• Managing reputation and mental health during difficult withdrawals.

We’ll also discuss early warning signs during client intake and how to protect yourself from problematic engagements. The session will include practical tools such as sample templates, checklists, and a panel discussion with experienced practitioners.

Whether you’re a solo attorney or part of a larger firm, this session will help you navigate the withdrawal process with confidence, professionalism, and care.

Speakers:
– Jacob P. Davidson, Esq., Falk, Flotteron & Davidson, LLP, Woodbridge
– Tara L. Hanna, Deputy Ethics Counsel, Office of Attorney Ethics, Trenton
– Barry J. Muller, Esq., Secretary, New Jersey Supreme Court District VIII Ethics Committee, Fox Rothschild LLP, Princeton
– Rahool Patel, Esq., Porzio Bromberg & Newman, P.C., Morristown
– Kimberly Roman, Assistant Deputy Statewide Ethics Coordinator, Office of Attorney Ethics, New Jersey

Feeling Well by Doing Good – Leveraging Ethics to Develop Well-Being in the Practice of Law

Let’s admit it, when we hear the word “ethics,” we are not overcome with warm and fuzzy feelings. In fact, the word alone may raise our stress levels or conjure up thoughts of “let me just get my ethics courses done while I (fill in the blank)”!

But what if we changed our perspective of ethics from rule compliance, and instead ask how can the RPCs support us in our duties to clients and the profession? In this program, we will explore how specific RPCs can help you proactively develop a philosophy and practice of well-being. Through real-world examples, you will see how prioritizing well-being supports competence, diligence, and integrity in practicing law. Finally, attendees will not just leave the program with new knowledge, but actionable strategies and practices to implement into a well-being plan. Leave inspired, recharged, and equipped with strategies to thrive in their practices – ethically and sustainably.

Speakers include:
 – Cedric Ashley, Esq., M. Div. , Ashley Law Firm, Princeton

CLE Credits