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Stopping an Order Before It Takes Effect: Stays, Writs, and Interlocutory Review

An adverse order takes effect in days, not months. Learn to assemble an irreparable-harm record under deadline, draft a stay motion the circuit will actually grant, and choose among mandamus, § 1292(b), Rule 23(f), and the collateral order doctrine.

2026-10-20 12:00:00

Program Details

2026-10-20 12:00:00

2026-10-20 12:00:00

2h CLE Credits

2026-10-20 12:00:00

Program Details

2026-10-20 12:00:00

Program Details

2026-10-20 12:00:00

Over 1,000+ webinars

2026-10-20 12:00:00

Course Overview

Most Emergency Motions Fail on Timing, Not on the Merits

2026-10-20 12:00:00

Interim relief has become its own body of law. Nken v. Holder set the four factors, but the circuits split on whether they slide against one another. Labrador v. Poe separated the administrative stay from the stay pending appeal. The emergency docket now resolves disputes that never reach final judgment.

Miss Rule 62’s automatic stay window, and the supersedeas bond argument is gone. Skip the motion below, and FRAP 8(a)(1) bars the circuit from hearing you. Wait a week to file, and self-inflicted delay answers your irreparable-harm showing. Comply with the order, and you waive the writ. Let Rule 23(f)’s fourteen days run, or § 1292(b)’s ten, and the route closes.

You leave with a filing sequence for emergency relief and a FRAP 8(a)(2) motion checklist carrying the required certifications. A route-selection decision tree sorts mandamus, § 1292(b), Rule 23(f), Rule 54(b), and the collateral order doctrine. These are judgment calls made under deadline: which forum, which record, which route. No model makes them for you.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Stay Standards Applied
Weigh the four Nken v. Holder factors in a circuit that slides them against one another, and separate an administrative stay from a stay pending appeal under Labrador v. Poe.
02
Moving Below First
Use Rule 62’s automatic stay window and the supersedeas bond before FRAP 8(a)(1) sends you back down from the court of appeals.
03
Emergency Record Building
Assemble irreparable-harm declarations and timing proof that answer the self-inflicted-delay objection defeating most emergency motions.
04
Filing and Escalation
File under FRAP 8(a)(2) with the certifications and opposing-counsel notice your circuit requires, then escalate to the Circuit Justice under Supreme Court Rule 23.
05
Mandamus in Practice
Apply Cheney’s three conditions and the Bauman factors to privilege rulings after Mohawk Industries, disqualification, transfer, and sealing orders, then draft the FRAP 21 petition that carries them.
06
Choosing Your Route
Decide among § 1292(b) certification, Rule 23(f), Rule 54(b), and the collateral order doctrine before the fourteen-day and ten-day windows close or compliance waives review.

Program schedule

clock 12:00 pm - 1:00 pm EST

Stopping the Clock: Stays Pending Appeal, Emergency Motions, and the Race to the Circuit

This session gives civil practitioners a working framework for halting an adverse order before it takes effect, from the district court’s automatic stay window through an emergency application to the Circuit Justice. Attorneys will learn how courts actually weight the four Nken factors, when a motion must be made below before a court of appeals will hear it, and how to assemble an irreparable-harm record fast enough to survive the timing objections that defeat most emergency motions. Drawing on his experience litigating emergency and extraordinary relief in the Second, Ninth, and D.C. Circuits, Michel Paradis walks through the drafting, filing, and escalation decisions that determine whether a stay issues. Attendees leave with a filing sequence and a motion checklist they can deploy under deadline pressure in any federal circuit

Michel ParadisMichel Paradis
clock 1:10 pm - 2:10 pm EST

No Final Judgment, No Problem: Mandamus, § 1292(b), and the Routes to Immediate Review

This session maps the paths to appellate review when no final judgment exists and the client cannot wait for one. Attorneys will learn how the Cheney and Bauman standards are actually applied to mandamus petitions, which categories of rulings courts have proven willing to correct by writ, and how to choose among § 1292(b) certification, Rule 23(f), Rule 54(b), and the collateral order doctrine when more than one route is arguably available. Michel Paradis — who won In re Al-Nashiri in the D.C. Circuit, a mandamus petition that vacated five years of proceedings — walks through petition drafting, respondent designation, and the preservation traps that quietly forfeit immediate review. Attendees leave with a route-selection decision tree and a petition checklist usable in any federal circuit.

Michel ParadisMichel Paradis
Michel Paradis

Michel Paradis

Steptoe LLP

Michel Paradis

Michel Paradis

Steptoe LLP

Michel Paradis is a seasoned litigator with extensive experience in appellate litigation, technology law, and international and national security law. Over a distinguished career spanning more than two decades, he has led numerous high-profile cases across state, federal, and foreign courts, and is recognized as a formidable appellate advocate who has handled every appellate posture—petitions for review, habeas corpus actions, extraordinary writs, and petitions for certiorari. Holding a doctorate from Oxford where he did pioneering work on large language models, Michel brings a rare, dual fluency to the intersection of law and artificial intelligence—translating the law for those focused on the technology, and the technology for those focused on the law.

Education & Credentials

Michel earned a D.Phil. in Computational Linguistics from the University of Oxford, a J.D. magna cum laude from Fordham University School of Law, and a B.A. cum laude from Fordham University. He was elected to the Order of the Coif. He is admitted in New York and before the U.S. Supreme Court, the U.S. Courts of Appeals for the Second, Ninth, and D.C. Circuits, the U.S. Court of Appeals for the Armed Forces, the U.S. District Courts for the Southern District of New York and the District of Columbia, and the International Criminal Court.

Recognition & Leadership

Michel is a world-renowned scholar and author whose recognitions include the U.S. Department of Defense Joint Meritorious Unit Award (2021), the Secretary of Defense Global War on Terrorism Medal (2020), and the Frederick Douglass Human Rights Award (2007). He is a Fellow at the Center on National Security, a board member of the National Institute of Military Justice, and a contributing editor at Lawfare. He has been a Lecturer at Columbia Law School since 2014—where his new AI course has drawn media attention—and previously served as an adjunct professor at Georgetown University Law Center, teaching national security law, international law, and constitutional law.

Professional Involvement

Michel is a member of the New York City Bar's Military and Veterans Affairs Committee, the American Historical Association, and the American Society of International Law, and serves as Law of Armed Conflict Editor at CAAFlog and Editor-in-Chief of Audio Arguendo. A prolific author and speaker, he has written for outlets including The Atlantic, The New York Times, The Washington Post, The Wall Street Journal, Lawfare, and Just Security, and appeared on Netflix, CBS, MSNBC, NPR, and CNBC. He is the author of the critically acclaimed The Light of Battle (HarperCollins 2024), a biography of Dwight Eisenhower, and Last Mission to Tokyo (Simon & Schuster 2020), among other books, and lectures widely at institutions from the Smithsonian to presidential libraries.

Experience

Michel advises technology companies—from industry giants to innovative startups—and clients across all sectors grappling with the legal risks and opportunities of artificial intelligence, whether in litigation or through jargon-free strategic counsel. He is deeply engaged in the rapidly developing law of AI governance, co-authoring analyses on federal and state AI policy, California's AI safety legislation, and First Amendment scrutiny of regulations targeting large language models, and regularly speaks on AI's implications for global security and commercial disputes. For nearly two decades, from 2007 to 2025, he served in the U.S. Department of Defense's Office of Military Commissions, giving him firsthand experience at the highest levels of national security and international humanitarian law. His practice at Steptoe spans appeals and advocacy; AI, data and digital; national security and cross-border transactions; and business and human rights.
Michel Paradis

Michel Paradis

Steptoe LLP

Michel Paradis is a seasoned litigator with extensive experience in appellate litigation, technology law, and international and national security law. Over a distinguished career spanning more than two decades, he has led numerous high-profile cases across state, federal, and foreign courts, and is recognized as a formidable appellate advocate who has handled every appellate posture—petitions for review, habeas corpus actions, extraordinary writs, and petitions for certiorari. Holding a doctorate from Oxford where he did pioneering work on large language models, Michel brings a rare, dual fluency to the intersection of law and artificial intelligence—translating the law for those focused on the technology, and the technology for those focused on the law.

Education & Credentials

Michel earned a D.Phil. in Computational Linguistics from the University of Oxford, a J.D. magna cum laude from Fordham University School of Law, and a B.A. cum laude from Fordham University. He was elected to the Order of the Coif. He is admitted in New York and before the U.S. Supreme Court, the U.S. Courts of Appeals for the Second, Ninth, and D.C. Circuits, the U.S. Court of Appeals for the Armed Forces, the U.S. District Courts for the Southern District of New York and the District of Columbia, and the International Criminal Court.

Recognition & Leadership

Michel is a world-renowned scholar and author whose recognitions include the U.S. Department of Defense Joint Meritorious Unit Award (2021), the Secretary of Defense Global War on Terrorism Medal (2020), and the Frederick Douglass Human Rights Award (2007). He is a Fellow at the Center on National Security, a board member of the National Institute of Military Justice, and a contributing editor at Lawfare. He has been a Lecturer at Columbia Law School since 2014—where his new AI course has drawn media attention—and previously served as an adjunct professor at Georgetown University Law Center, teaching national security law, international law, and constitutional law.

Professional Involvement

Michel is a member of the New York City Bar's Military and Veterans Affairs Committee, the American Historical Association, and the American Society of International Law, and serves as Law of Armed Conflict Editor at CAAFlog and Editor-in-Chief of Audio Arguendo. A prolific author and speaker, he has written for outlets including The Atlantic, The New York Times, The Washington Post, The Wall Street Journal, Lawfare, and Just Security, and appeared on Netflix, CBS, MSNBC, NPR, and CNBC. He is the author of the critically acclaimed The Light of Battle (HarperCollins 2024), a biography of Dwight Eisenhower, and Last Mission to Tokyo (Simon & Schuster 2020), among other books, and lectures widely at institutions from the Smithsonian to presidential libraries.

Experience

Michel advises technology companies—from industry giants to innovative startups—and clients across all sectors grappling with the legal risks and opportunities of artificial intelligence, whether in litigation or through jargon-free strategic counsel. He is deeply engaged in the rapidly developing law of AI governance, co-authoring analyses on federal and state AI policy, California's AI safety legislation, and First Amendment scrutiny of regulations targeting large language models, and regularly speaks on AI's implications for global security and commercial disputes. For nearly two decades, from 2007 to 2025, he served in the U.S. Department of Defense's Office of Military Commissions, giving him firsthand experience at the highest levels of national security and international humanitarian law. His practice at Steptoe spans appeals and advocacy; AI, data and digital; national security and cross-border transactions; and business and human rights.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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MCLE Credits

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Approved
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Approved
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Pending
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Approved
Delaware
Pending
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Pending
Kentucky
Pending
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Pending
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Pending
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No Required
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Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
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Approved
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Pending
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Approved
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Approved
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Pending
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Approved
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Approved
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Approved
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Pending
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Approved
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Not Eligible
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Pending
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Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

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  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs