Litigation

Will Virtual Jury Trials be part of the “New Normal” Ushered in by the COVID-19 Pandemic?

Just a few months ago, the idea of a virtual jury trial probably seemed inconceivable to most judges and lawyers.  Now, with the COVID-19 pandemic shuttering courthouses throughout the nation and most in-person proceedings suspended, many judges and attorneys are left wondering when and how civil jury trials will be able to safely resume.  We suspect that most prospective jurors will not be enthralled with the idea of sitting shoulder to shoulder in a jury box while the outbreak is still raging.  As litigators and the courts become comfortable with Zoom and other videoconferencing tools, it is apparent that we have the technology to hold virtual trials – the questions is should we?

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Securing a foothold for a successful rebound from the economic effects of COVID-19

How well prepared are Ireland’s banks for COVID-19?

Going into the pandemic recession banks are assessing their position. Brian McEnery and Harry Fehily crunch the figures. Irish banks seem to be in a better position facing into the current pandemic crisis as compared to their position entering the 2008 Global Financial Crisis. A number of strategies and policies will assist the Irish banks to weather the storm and assist our economy.  [Going into the pandemic recession banks are assessing their position. Brian McEnery and Harry Fehily crunch the figures]Read here.

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Time Does Not Stand Still for Litigants

In light of the ongoing coronavirus pandemic, with many law firms working remotely and going “virtual”, as well as the Irish Court system being effectively closed, save for urgent matters, legal practitioners and their clients should be particularly mindful of the consequences of delay in relation to progressing legal proceedings.

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Inoculating Against Wage and Hour Class Litigation Related to COVID-19

During the Covid-19 pandemic, companies should focus in the first instance on health and safety issues for workers, customers, and the public at large during a pandemic, but they cannot lose sight of the wage and hour risks that are lurking in these challenging times.

For a staggering number of U.S. businesses over the past several weeks, the early and middle part of 2020 will look something like this:

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The Supreme Court encourages courts to follow his example and hold trials online

In view of the ruling of the Presidium of the Supreme Court of the Russian Federation and the Presidium of the Council of Judges of the Russian Federation from March 18, 20201 Russian courts have been working in a new “self-isolated” regime for just over a month. Personal reception of citizens in courts is suspended, it is recommended to submit documents through electronic reception of courts, and courts are considering only certain categories of cases.

The Supreme Court has already drawn up the results of the first month of work in the new regime2. From March 18 to April 20, 2020 the courts received 225.2 thousand documents in electronic form – this is one and a half times or 77.3 thousand documents more than for the same period of the previous year. More than 286 million times, citizens have used the state automation system “Pravosudiye” (Justice). Also by the end of May a system of online familiarization with case materials is planned to be introduced in all commercial courts of all instances3.

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How New York’s COVID-19 Executive Orders Affect Limitations Periods in New York

The COVID-19 pandemic is causing great uncertainty in the United States and around the world. One potential uncertainty specific to parties in New York is the applicable deadline to file a lawsuit. New York state courts are currently restricting filings of non-essential new actions, but parties may not have long to file after restrictions have been lifted. The determination of the deadline to file depends on how recent Executive Orders are interpreted. Read more…

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COVID-19: As Cases Continue to Spread, Will Court Cases Begin to Spread?

When the calendar turned from 2019 to 2020 a mere four months ago, few could have imagined that a novel coronavirus (COVID-19) outbreak would soon disrupt societies across the globe and upend the lives of millions of people. While the coronavirus continues to spread across nations, much of the workforce finds itself confined at home while governments try to slow the transmission of the virus. Read more…

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Best Practices for Litigating in the Virtual World

As the majority of the United States legal community continues to work from home, many courts are proceeding with cases virtually. Hearings that would have required in person attendance are now being held telephonically or over videoconference, and depositions are expected to move forward over video or teleconference. But a virtual court appearance should not be treated any different than an in person court appearance. In a recent case, a judge in Florida admonished an attorney for appearing on a video conference in bed, showing the dangers of approaching virtual court differently than when physically present. Read more…

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CAN INSURERS DENY COVERAGE FOR LOSS OF BUSINESS INCOME OR BUSINESS INTERRUPTION ARISING FROM THE COVID-19 PANDEMIC?

Implications of the Decision in MDS Inc. v. Factory Mutual Insurance Company (FM Global), 2020 ONSC 1924 on Business Interruption Claims Arising from the COVID-19 Pandemic. Read the full article.

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The Court of Appeal Considers the Impact of the COVID-19 Crisis on Contractual Relationships

By Jean-Pierre Sheppard, Sara Laraichi and Sydney Warshaw, from our Business Law Practice Group

April 18, 2020 — As of April 16, 2020, there have been some 27 published judgements rendered by Quebec courts and tribunals that mention COVID.

One decision is of particular interest as it addresses the impact that COVID-19 could have going forward. In Naimer c. Naimer, 2020 QCCA 567, Justice Geneviève Marcotte of the Court of Appeal ruled on April 8th to grant part of the Respondents’ Application for safeguard order. Respondents sought to force a share purchase agreement. Justice Marcotte held that the financial climate created by the unique COVID-19 crisis favoured ordering that the transaction go forward.

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