Trials

Expert Analysis

• 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.

• Calif. Ruling Guides Employers On Unlimited Vacation Policies

  

  The California Court of Appeal’s recent decision that a company owed former employees unpaid vacation benefits in McPherson v. EF Intercultural Foundation reminds employers to ensure that unlimited time off policies cannot be characterized as a ploy to deny employee benefits, say Anthony Oncidi and Cole Lewis at Proskauer.

• 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.

• Considerations For Conducting Remote Internal Investigations

  

  As COVID-19's effects reverberate throughout the corporate sector, in-house legal departments and their outside counsel will need to develop creative techniques to conduct internal investigations remotely, while ensuring that unanticipated risks do not compromise integrity, say attorneys at Steptoe & Johnson.

• Led Zeppelin Ruling Is Already Affecting Copyright Litigation

  

  The first two decisions applying the Ninth Circuit’s Skidmore v. Led Zeppelin decision indicate that the recent trajectory of music copyright infringement law appears to be changing in favor of defendants, limiting what courts find protectable and what they permit a jury to consider, say attorneys at Proskauer.

• How COVID-19 Will Affect DOJ’s White Collar Enforcement

  

  To help address fraudulent conduct amid a slowing of the U.S. Department of Justice's prosecution and enforcement efforts, the Coronavirus Aid, Relief, and Economic Security Act grants the DOJ some emergency powers, subject to important limitations related to defendants' constitutional rights and public access to hearings, says James Petkun at Klehr Harrison.

• 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.

• 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.

• Calif. Ruling Further Weakens Employee Seating Claims

  

  The Los Angeles Superior Court’s recent decision that cashiers' job attributes don’t allow them to sit in LaFace v. Ralphs Grocery should strengthen retailers' defenses against suitable seating claims, and give plaintiffs pause over whether, after their sixth straight loss, they are viable, say attorneys at Paul Hastings.

• 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.

• Coronavirus Will Have Lasting Impact On Juror Worldviews

  

  Months from now, when making decisions about how to treat corporations, jurors will remember how they are being treated today amid the COVID-19 crisis. While this presents a challenge for many corporations, it also presents something of an opportunity, say Sherry Salmons and Alison Wong at Salmons Consulting.

• 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.

• Opinion

  Pa. Asbestos Ruling Ignores Science And Hurts Defendants

  

  The Supreme Court of Pennsylvania's recent decision in Roverano v. John Crane Inc., holding that asbestos diseases are incapable of apportionment, is unfortunate for defendants, as it disregards numerous scientific studies and the role of juries in asbestos cases, say Gregory McNamee and Erin Miter Scanlon at Goldberg Segalla.