NYC Bar Expired

The "How-To" of Successful Motion Practice


The preparation and filing of motions before the court can be a very hard task to do successfully. In this course, the panel of experts discusses not only the preparation and filing of motions, but they also provide extremely useful information on best practices on behalf of clients, use of the court’s time, and professionalism. The discussion includes observations on how attorneys can better-utilize their time to focus on areas of particular interest to the court. Topics include: Temporary Restraining Orders, Motions to Dismiss, Discovery Motions, Motions to Compel and Motions for Summary Judgment. The panel covers the spectrum of motions from the perspective of the lawyers preparing them, and the judges who hear them.


I. Successful Motion Practice
   A .Panel Introductions 
   B. Preliminary Injunction/Expedited Discovery
       1. Mastering Motion Practice
       2. Temporary Restraining Orders
       3. Irreparable Harm
       4. Prohibitory vs. Mandatory Injunctions
       5. Bonding TROs
       6. Expedited Discovery
  C. Successful Motions to Dismiss
       1. Motion to Dismiss
       2. The Judge Knows the Standard
       3. Insufficient Particularity
       4. Partial Motion to Dismiss
       5. Evaluating the Lawyer Through Motions
       6. Documentary Evidence
       7. Local and Individual Rules
       8. Standards for Motions 
   D. Motions to Compel
       1. Unwelcome Motions to Compel 
       2. Agreements With Opposing Counsel
       3. Precedent Over Policy
       4. Facts Drive the Law
       5. Limiting Interrogatories
   E. Motions for Sanctions
       1. Frivolous Motions and Sanctions Hearings 
       2. Nature of the Adversarial System
       3. Cost of Discovery
       4. Targeted Relief 
       5. Requirements of Rule 11
   F. Motions for Summary Judgment
       1. Summary Judgment
       2. Undisputed Facts
       3. Hyperlinked Briefs
       4. Effective Oral Argument
       5. Answer the Judge's Question

Content Provided


The years following the Civil War were tumultuous ones for New York City, offering many opportunities to the dishonest. Unsavory politicians and errant members of the bench and bar were among those who took advantage of those troubled times. In December 1869, a letter was circulated among some of the city's lawyers addressing those improprieties. It called for the creation of a new bar association to "sustain the profession in its proper position in the community, and thereby enable it ... to promote the interests of the public ...." More than 200 lawyers responded by signing a declaration of organization and in 1870 The Association of the Bar of the City of New York was born. The young organization quickly made its presence felt. Among its first activities was a campaign to defeat corrupt politicians and judges at the polls and to establish standards of conduct for those in the legal profession.

The association continues to work at political, legal and social reform, and maintaining high ethical standards for the legal profession. The association also continues to implement innovative means by which the disadvantaged may be helped. Much of this work is accomplished through the Association's more than 160 committees, each charged to consider a specific area of law or the profession.

The association has grown to more than 23,000 members. To serve them, the association strives to move ahead in many areas. The library is the largest member-funded law library in the country, and provides members with a "gateway" to online services, including free use of LexisNexis and WestLaw, while continuing to provide more traditional library services. The Small Law Firm Center, Career Management Program and other benefits are constantly evolving to serve members' needs. More than 150 continuing legal education programs are presented annually.

The public good remains one of the association's highest priorities. The Legal Referral Service, jointly sponsored by the association and the New York County Lawyers' Association, provides an array of services directly aimed at serving the needs of the public. The City Bar Justice Center identifies the most pressing legal concerns of New York's neediest and uses novel approaches to address them, often involving community participation.


Speakers / Authors:

Photo of Jane Chuang

Jane Chuang
Lee Anav Chuang White & Kim LLP 

Jane Chuang is a partner at Lee Anav Chuang White & Kim LLP. She advises small and medium-sized businesses on copyright, trademark and media law issues, as well as commercial disputes. Ms. Chuang was a founding partner of Yim & Chuang LLP, and was formerly associated with Patterson Belknap Webb & Tyler LLP.

Ms. Chuang is admitted to practice in New York, New Jersey, the Southern, Eastern and Western Districts of New York and the District of New Jersey. She is the Treasurer of the Asian American Bar Association of New York (AABANY), and a co-chair of AABANY’s Intellectual Property Committee.

Jane Chuang received her J.D., cum laude, from Fordham University School of Law in 2005 where she served as a Notes and Articles Editor of the Fordham Law Review. She received her B.A., cum laude, from Columbia College, Columbia University in 2001. In 2005-2006 she served as law clerk to the Honorable Anne E. Thompson in the District of New Jersey.

Photo of Rosanne E. Felicello

Rosanne E. Felicello
Felicello Law P.C.

Rosanne E. Felicello is the principal attorney at Felicello Law P.C. She focuses her boutique litigation practice on the financial services and tech start-up industries. Prior to founding the firm, Rosanne was a senior litigation associate at Patterson Belknap Webb & Tyler LLP. Before moving to New York City she was a litigation associate at Ropes & Gray LLP in Boston, MA.

Ms. Felicello is admitted to practice in New York, Massachusetts, the Southern District of New York, and the District of Massachusetts. She is a member of the Litigation Committee of the New York City Bar Association.

In 1999 Ms. Felicello earned her J.D., magna cum laude, in 2002 and received her B.A., magna cum laude, from Boston University, where she also served on the Boston University Law Review.

Photo of Barbara R. Kapnick

Hon. Barbara R. Kapnick

Hon. Barbara R. Kapnick was elected to the Civil Court in 1991, appointed as an Acting Supreme Court Justice in April 1994, and was elected to the Supreme Court, New York County, in 2001. She was assigned to the Commercial Division in 2008.

She is a member of Advisory Committee on Judicial Ethics and also serves as Chairperson of the Board of Trustees of the New York County Public Access Law Library. She is a Master of the New York American Inn of Court and past president of the Jewish Lawyers Guild, where she remains active as a member of the Board of Governors.

Justice Kapnick is also a longstanding member of the New York Women's Bar Association, where she served as Co-Chair of the Litigation Committee. She also sits on the Board of Directors of the Judges and Lawyers Breast Cancer Alert and the New York State Association of Women Judges. She is currently serving as a Vice President of the Citywide Association, and a member of the Executive Committee of the Statewide Association. She has received many awards, including the Benjamin N. Cardozo Award from the Jewish Lawyers Guild and the Harlan Fiske Stone Memorial Award from the New York City Trial Lawyers Association.

Justice Kapnick received her J.D. from Boston University School of Law, and her B.A., cum laude, from Barnard College . She worked as a Law Clerk to both the Hon. Ethel B. Danzig and the Hon. Michael J. Dontzin in Supreme Court, New York County.

Photo of Shawn J. Rabin

Shawn J. Rabin
Susman Godfrey LLP

Shawn J. Rabin is a partner at the law firm of Susman Godfrey LLP, based in New York City. He tries cases for plaintiffs and defendants in state and federal courts across the country. His past experience includes handling antitrust, securities, patent, breach of contract, dram shop, fraud, class action, and other complex business disputes. Rabin handles all aspects of a case-from evaluating claims before a complaint is filed to securing final judgments.

Mr. Rabin obtained his J.D. from the University of Texas, where he received the distinctions of Chancellor and Order of the Coif, and also served as an Associate Editor of the Texas Law Review. He graduated with Honors from Georgetown University’s School of Foreign Service with a major in International Politics and Security. After law school, Mr. Rabin clerked for the Honorable Juan R. Torruella of the United States Court of Appeals for the First Circuit.

Photo of Jed S. Rakoff

Hon. Jed S. Rakoff

Hon. Jed S. Rakoff is a United States District Judge for the Southern District of New York. He was a Litigation Partner with Fried, Frank, Harris, Shriver & Jacobson LLP prior to being appointed to the bench in 1995.

Judge Rakoff began his career as an Associate at the firm of Debevoise, Plimpton, Lyons & Gates in 1970. He was an Assistant U.S. Attorney for the Southern District of New York from 1973 until 1980, when he became a Litigation Partner with Mudge, Rose, Guthrie, Alexander & Ferndon.

He is an Adjunct Professor of Law at Columbia Law School where he teaches courses on white collar crime, interplay of civil and criminal litigation, and science and the courts. He is the co-author of five books, including Modern Federal Jury Instructions.

He was on the Board of Managers at Swarthmore College and has been a Trustee with the William Nelson Cromwell Foundation since 2009. He has been Chair of the Grievance Committee for the S.D.N.Y. since 2001, and served as Chair in the Second Circuit Bankruptcy Committee from 2003-2011. He has been a Fellow (now Judicial Fellow) of the American College of Trial Lawyers since 1987 as well as a Fellow (now Judicial Fellow) with the American Board of Criminal Lawyers since 1995.

Judge Rakoff earned his J.D. from Harvard Law School, his M.Phil. from Oxford University, and graduated with a B.A. from Swarthmore College. He served as a Law Clerk to the Hon. Abraham L. Freedman, U.S. Court of Appeals, 3rd Circuit from 1969 until 1970.

Price (USD)

Standard Rate: $297.00

Course Code : 773134

Length : 2hr 35min
Recorded Date : 5/30/2013

Format Type : eLearning

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