LAW360 Coronavirus Special Report Afternoon Briefing Tue May 12 2020
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TOP NEWS
Remote Courtrooms Here To Stay As Judges Tackle Backlogs
Federal and state court judges say they are likely to rely heavily on remote courtrooms, including virtual trials, as the prospect of fully reopening the justice system to its former capacity remains a distant goal for many, and case backlogs and delays continue to mount.
Coronavirus: How Law Firms Are Handling The Downturn
UPDATED May 12, 2020, 12:28 PM EDT | The spreading coronavirus pandemic has upended the legal industry, forcing firms to cut salaries, lay off attorneys and make changes to summer associate programs. Here is a roundup of how law firms are responding.
4 More Firms Implement Cuts In Face Of Pandemic
Quinn Emanuel Urquhart & Sullivan LLP, Thompson Hine LLP, Freshfields Bruckhaus Deringer LLP and Eversheds Sutherland on Monday confirmed they are among the growing ranks of law firms taking cost-cutting measures and other financial adjustments during the COVID-19 pandemic.
Ballard Spahr, Thompson Hine Delay Summer Programs
Ballard Spahr LLP and Thompson Hine LLP confirmed Monday that they have postponed this year’s summer associate programs, becoming the latest law firms to modify their offerings as the COVID-19 pandemic continues to affect the legal industry.
Do Witnesses Don Masks? Tesla Trial Date Cues Virus Queries
Tesla and a former factory worker alleging racial discrimination spoke with a California federal judge Monday about whether their June trial should be pushed to September, with the parties raising concerns about what a trial in the age of COVID-19 looks like — including whether testifying witnesses would wear masks.
CLOSINGS AND RESTRICTIONS
Coronavirus: The Latest Court Closures And Restrictions
UPDATED May 12, 2020, 1:53 PM EDT | As courts across the country take measures to prevent the spread of the coronavirus, some are restricting access and altering their procedures. Here is a roundup of changes.
Coronavirus: The Latest EU Court Closures And Restrictions
UPDATED May 12, 2020, 12:25 PM GMT | As courts across the region take measures to prevent the spread of the novel coronavirus, some are restricting access and altering their procedures. Here is a roundup of changes.
Virus Curbs More Hearings, Trials In Fed. Circ. And WDTX
The COVID-19 pandemic continues to curb in-person proceedings in patent-heavy jurisdictions, with the Federal Circuit saying Monday that all oral arguments will be held by telephone next month and the Western District of Texas calling off trials through the end of June.
WHAT IT MEANS FOR ATTORNEYS
Mergers During COVID-19 Create New ‘Failing Firm’ Paradigm
Despite COVID-19’s economic fallout, antitrust agencies continue to insist they’re sticking to their normal playbooks when reviewing mergers, but as more companies struggle to survive, merging parties are likely to rely more frequently on the “failing firm” defense to convince regulators that deals that enforcers might otherwise challenge should be permitted.
COVID Crimes: White Collar Cases To Expect From The Crisis
With much of the country on lockdown, many white collar cases and investigations have slowed considerably, but the COVID-19 pandemic and resulting economic fallout are expected to bring about a wave of enforcement for activities such as price-gouging and insider trading.
SBA Has To Offer COVID-19 Loans To Strip Joints, Judge Says
The U.S. Small Business Administration must provide COVID-19 relief loans for strip clubs, a Michigan federal judge ruled Monday, saying that Congress “did not pick winners and losers” in its legislation intended to help small businesses cover employees’ paychecks during the pandemic.
Defiant Tesla Sues Calif. County, Reopens Plant In Power Play
Tesla restarted operations at its Fremont, California, electric car manufacturing plant Monday after suing Alameda County for blocking its reopening, delivering a one-two punch that heightens the tension between government officials and businesses frustrated by the economic toll and pace of recovery from the coronavirus pandemic.
OCC’s New Bank Exam Chief On Prepping For Next Downturn
In part two of an interview with Blake Paulson, the new chief national bank examiner with the Office of the Comptroller of the Currency looks beyond the coronavirus, detailing the steps the agency and banks can take to prepare for the next financial downturn, whenever that may come.
House Dems Add Cannabis Banking Protections To Virus Bill
House Democrats have proposed giving the cannabis industry access to the banking system as part of their $3 trillion package of coronavirus relief, which was unveiled Tuesday.
Sushi Chain Says Ch. 11 Only Choice To Survive COVID-19
A West Coast sushi chain told the Delaware bankruptcy court Tuesday that it is seeking a going-concern sale in Chapter 11 in order to weather the COVID-19 closure of its restaurants.
Trial Recess: Faith Gay On Zoom And Her Bout With Sickness
Faith Gay can speak from personal experience when she says the coronavirus pandemic will change how attorneys think. After overcoming the “brutal” illness, the Selendy & Gay PLLC founding partner is highlighting the importance of pro bono work to ameliorate the crisis.
Coping With A Pandemic: Morgan Lewis’ Jennifer Breen
As society continues to adapt to COVID-19, Law360 is sharing reactions from around the business and legal community. Today’s perspective comes from Washington, D.C.-based Jennifer Breen, a partner at Morgan Lewis focusing on tax controversy and planning matters.
EXPERT ANALYSIS
How Law Firms Can Maximize COVID-19 Insurance Coverage
Law firms struggling due to the pandemic should identify relevant insurance policies and provisions, be mindful of notice requirements that could interfere with coverage, and push back against policy exclusions, say Robin Cohen and James Smith at McKool Smith.
6 Lessons On Jury Advocacy In The Wake Of A Crisis
Cases tried during earlier times of disaster and tragedy — including the beginning of the Gulf War, Hurricane Sandy, and the 9/11 attacks — teach us that attorneys must not exaggerate the degree to which juror decisions will be affected by the COVID-19 pandemic, say Francis Morrison and John Tanski at Axinn.
