Delaware

Expert Analysis

• Conducting Court Hearings Remotely: 12 Considerations

  

  As more courts begin to explore remote hearings during the COVID-19 crisis, attorneys and courts should be aware of some of the common concerns accompanying video- and teleconferencing technology and make allowances to avoid these issues, say Attison Barnes III and Krystal Swendsboe at Wiley Rein.

• The Era Of Video Mediation Is Here — Or Is It?

  

  Mediator Jeff Kichaven has heard from several first-chair trial lawyers and senior claims executives that they are reluctant to adopt online video mediation even during the COVID-19 crisis, and says this reluctance is grounded in reality.

• COVID-19 Highlights BigLaw Need For Emotional Intelligence

  

  The formula for making decisions at BigLaw firms has historically been rooted in IQ-based factors, but with the ongoing pandemic, lawyers and firm leaders are increasingly dealing with issues that require emotional intelligence — from establishing effective virtual offices to retaining firm morale and client confidence, say Jolie Balido and Tina van der Ven at NewStar Media.

• Perspectives

  States Must Toll Court Deadlines To Ensure Access To Justice

  

  There are several reasons why a state should consider temporarily lifting statutes of limitations during this pandemic, including protecting the rights of litigants who are vulnerable, say Adam Mendel and Rayna Kessler at Robins Kaplan.

• Opinion

  FTC Should Leave Regulation Of Noncompetes To States

  

  If the FTC must use its rulemaking authority to regulate employee noncompete agreements, it should tread cautiously and let states make policy decisions for their citizens and economies, say Russell Beck and Erika Hahn of Beck Reed.

• Benefits Of Pandemic-Prompted Court Extensions Are Limited

  

  State and federal courts are canceling proceedings and pushing out deadlines in response to the novel coronavirus pandemic, but the relief is complex and necessarily incomplete in its power to relieve parties from jurisdictional deadlines, says Neil Lloyd at Schiff Hardin.

• Opinion

  Judicial Shaming Of Attys Is Troubling Even During Pandemic

  

  Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

• Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

  

  While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.

• Justices' Citgo Ruling Offers Shippers Contractual Clarity

  

  The U.S. Supreme Court's recent opinion in Citgo v. Frescati provides shippers, brokers and counsel with assurance that maritime shipping contracts' safe berth clauses are an express warranty of safety, allowing future agreements to be drafted with greater certainty, say Christopher Nolan and Robert Denig at Holland & Knight.

• Tips For Executing Contracts Electronically Amid Pandemic

  

  While COVID-19 has created unprecedented challenges for even commonplace tasks like contract execution, federal and state legal frameworks offer practical alternatives to manual signing, say attorneys at Cleary.

• Opinion

  It Is Time To Make Virtual Trials A Reality

  

  The COVID-19 crisis is rapidly teaching us that there is surprisingly little legal work that requires everyone to be in the same room — and that’s equally true for trials and other court proceedings, says Jeffrey Blumenfeld at Lowenstein Sandler.

• Remote Depositions: Coming To A Home Office Near You

  

  Recent Texas state court orders indicate judges are increasingly requiring parties and nonparties to submit to remote depositions amid the pandemic. However, there are inherent drawbacks to such depositions, including limitations on attorneys’ ability to assess witness credibility, says Edward Duffy at Reed Smith.

• State Telemedicine Rules Remain Murky Amid COVID-19 Crisis

  

  In the vast majority of states, the regulatory environment remains unclear or hostile to telemedicine services by out-of-state physicians, limiting their capacity to help during the coronavirus pandemic, say attorneys at Polsinelli.

• Ways Lawyers Can Support The Most Vulnerable Right Now

  

  In this global health and economic crisis, it is essential that lawyers recommit to inclusion, and fight for colleagues, clients, community members and friends who are most at risk, says Dru Levasseur, head of the National LGBT Bar Association's inclusion coaching and consulting program.

• Opinion

  COVID-19 Shows Need For Stronger Diagnostic IP Protection

  

  Despite the bad optics created by Labrador Diagnostics' suing a test manufacturer for patent infringement amid the COVID-19 crisis, robust incentives for the development of diagnostic inventions are much-needed, so Congress should enact patent reform after the crisis subsides, says Michael Harlin at Neal Gerber.