Personal Injury & Medical Malpractice

Expert Analysis

• 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.

• 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.

• 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.

• Telehealth During COVID-19: New Rules And Considerations

  

  Changes in federal and state regulations are expanding access to remote health care in response to the COVID-19 crisis, and health care providers need to be thinking about licensure, how to establish valid practitioner-patient relationships, prescribing authority, technology requirements and more, say attorneys at Arnold & Porter.

• Confronting The Challenges Of Virtual Mediation

  

  Conducting mediation via videoconference amid the ongoing pandemic poses significant challenges, including the difficulty of reading people when you are not with them in person. Daniel Garrie at JAMS shares six tips to overcome the limitations.

• 3 Steps To Building Effective Teams While On Lockdown

  

  When your team is working from different locations due to the COVID-19 outbreak, don’t default to just sending emails. Collaboration is much easier when team members are also communicating in real time over the phone or through videoconferences, say William Oxley and Meghan Rohling Kelly at BakerHostetler.

• Client Advocacy Tips For Remote Hearings During COVID-19

  

  As the judiciary implements telephone and video hearings in response to the coronavirus pandemic, attorneys can deliver effective advocacy by following certain best practices, such as using backup materials and specially preparing witnesses and exhibits, say attorneys at Fish & Richardson.

• How To Conduct Depositions Remotely

  

  Remote depositions are a useful tool for meeting discovery deadlines while allowing all parties to stay at home amid the COVID-19 outbreak. But they come with a unique set of challenges, say Eliot Williams and Daniel Rabinowitz at Baker Botts. 

• A Guide To Zealously Representing Clients During COVID-19

  

  The American Bar Association's Model Rules of Professional Conduct require lawyers to be zealous advocates for clients' interests, but how do these rules apply in this unprecedented time of COVID-19? Anne Lockner at Robins Kaplan offers some pointers.

• Accidental Death Ruling Highlights Flaw In ERISA Deference

  

  The First Circuit’s recent decision in Arruda v. Zurich American Insurance, overturning an award for accidental death insurance benefits, is another illustration of how the Employee Retirement Income Security Act’s deferential standard of review tends to favor defendants in employee benefit cases, says Mark DeBofsky at DeBofsky Sherman.

• 7 Ways Attys Can Create The Right Home Office Environment

  

  In the midst of this health crisis when lawyers are working from home with their loved ones around all day, practitioners need to ensure their “home” and “office” settings coexist without one trumping the needs of the other, says Luciana Fragali at Design Solutions.

• 8 Possible Paths To Insurance Coverage For COVID-19 Losses

  

  At least some insurance policies are almost certain to apply to coronavirus-related losses, and a few hypothetical situations explain how, say attorneys at Covington.

• 10 E-Discovery Challenges Caused By COVID-19

  

  The COVID-19 crisis will continue to affect e-discovery long after we overcome this pandemic. When litigation and investigations reengage and courts start moving their schedules forward, these concerns will need to be addressed, say David Kessler and Andrea D'Ambra at Norton Rose.

• BigLaw Leaders Must Prepare For COVID-19 Economic Fallout

  

  The financial impact of COVID-19 is already starting to ripple through law firms in the form of diminished demand and time entry. A few lessons from the 2008 financial crisis and some new ideas can help firm leaders navigate the storm, says Peter Zeughauser at Zeughauser Group.