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Law360: Coronavirus: The Week In Review

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Friday, May 21, 2021
TOP NEWS

Female Attys Tackle Workday Pandemic Pressure 
Female attorneys participating in a New Jersey State Bar Association convention panel said on Thursday that while the COVID-19 pandemic hasn’t reverted social progress in the traditionally male-dominated profession back to 1950s-level oppression, the public health crisis has exacerbated the struggle of balancing law careers and home life.

Kasowitz Real Estate Litigation Leader Sees Rise In Activism
Opponents of project development and rezoning in New York have ramped up their efforts during the COVID-19 pandemic, and such activism is likely to continue, one of Kasowitz Benson Torres LLP’s real estate litigation leaders told Law360 in a recent interview.

US, Global Tax Revamp Could Fill Vaccine Need, Study Says
The U.S. infrastructure plan presented by President Joe Biden, along with reform of global tax rules, would provide enough money to vaccinate everyone at risk from the coronavirus, a U.K. tax-fairness advocacy group said in a study issued Thursday.

BofA Atty Says Outside Biz Activities No. 1 Remote Work Risk
A top Bank of America legal officer on Tuesday called monitoring the outside business activities of registered representatives the “number one” regulatory risk for firms amid the continued remote working environment spawned by COVID-19.

Coronavirus Litigation: The Week In Review
Another lawsuit has been filed by landlords challenging the national eviction moratorium, Amazon workers told the Second Circuit that their COVID-19 workplace safety suit belongs in federal court, and Bank of America has been ordered to work out relief for public benefits recipients who had their accounts frozen during the pandemic. 

HOW COURTS ARE ADAPTING

Coronavirus: The Latest Court Closures And Restrictions
UPDATED May 21, 2021, 12:55 PM EDT | As courts across the country take measures to prevent the spread of the coronavirus, some are restricting access and altering their procedures. Click state or court to jump to section. 

NJ Federal Jury Trials To Resume Amid COVID Progress
New Jersey’s top federal judge on Wednesday ordered criminal and civil jury trials in the district to resume in the coming months as the Garden State continues to make inroads in the battle against COVID-19.

WHAT ATTORNEYS NEED TO KNOW

Coronavirus Regulations: A State-By-State Week In Review 
The U.S. Centers for Disease Control and Prevention’s recommendation this week that fully vaccinated individuals can dispense with masks and social distancing except where mandated by law unleashed a new wave of COVID-19 restriction scalebacks in multiple states already emboldened by the downtrend in coronavirus cases coupled with their vaccination progress. 

GOP Sens. Bash COVID IP Waiver As ‘Giveaway’ To China
A group of Republican senators on Wednesday sought more details from the Biden administration on its decision to back a temporary waiver on intellectual property protections related to COVID-19, warning that the waiver won’t only cover vaccines and would help China and other countries that “regularly steal American intellectual property.”

Gov’t Says CDC’s New Mask Rule Doesn’t Block Eviction Ban
The Biden administration fired back at a group of landlords looking to block the nationwide eviction ban, telling a D.C. federal judge Wednesday that the government’s new guidance on mask-wearing doesn’t warrant vacating a recent order pausing the property owners’ earlier win.

Labor Unions Say CDC Mask Advice Ignores Science, Equity
The nation’s largest union representing nurses called on the Centers for Disease Control and Prevention on Wednesday to reverse course on its recent recommendation that people who are fully vaccinated against COVID-19 can largely eschew mask and physical distancing requirements, calling the advice “dangerous.”Texas Gov.’s Mask Stance Won’t Shift Employer Safety PlansAlthough the governor of Texas has issued a series of orders easing government-imposed COVID-19 restrictions, private employers are still likely to be cautious about worker safety, particularly in light of federal requirements to provide safe workplaces.

Workers Tell 2nd Circ. Judge Didn’t Have To Punt On Amazon
Federal judges should be willing and able to assess COVID-19 workplace safety, counsel for Amazon.com workers told the Second Circuit Wednesday, after an appellate judge sympathized with the jurist who kicked their case to the Occupational Safety and Health Administration.

NJ Attys Look To 3rd Circ. On Virus Coverage Denial CasesGarden State attorneys are eagerly awaiting guidance from a Third Circuit panel on whether or not insurers must cover business losses stemming from the COVID-19 pandemic, a New Jersey State Bar Association panelist said Wednesday during the first day of the group’s annual convention.

Fla. Eatery Seeks 11th Circ. Review Of Virus Coverage Suit
A Florida steakhouse has urged the Eleventh Circuit to revive its lawsuit seeking COVID-19 business interruption coverage from its insurer, criticizing a lower court’s reliance on an influential opinion in the circuit involving “direct physical loss of or damage to” property.

Ohio Universities Join Virus Coverage Suit In Wash. State
A group of Ohio universities refiled their coronavirus coverage suit against underwriters at Lloyd’s of London, joining a group of colleges in Washington state court seeking coverage for the “devastating toll” of the pandemic on college campuses.

Kodak Says NY Has Threatened To File Insider Trading SuitEastman Kodak Co. said Monday that the New York attorney general has threatened to file a lawsuit over CEO Jim Continenza’s purchase of shares a month before the company’s July announcement of a since-scrapped $765 million government loan.

Monthly Child Tax Credit Payments Start In July, Biden SaysNearly 39 million American households will begin receiving monthly payments beginning in mid-July of an expanded tax credit for working families with children included in the March coronavirus pandemic relief law, President Joe Biden announced Monday.

Ohio Panel OKs Blocking Local Taxes On Teleworkers In 2021An Ohio tax-writing committee approved legislation Tuesday that would block cities from imposing their income taxes on remote workers for 2021 but wouldn’t retroactively change a law that permitted cities to tax nonresidents during the coronavirus pandemic in 2020.

More Than 1M Households Sign Up For FCC’s Broadband Help
There has been strong demand for the FCC’s new Emergency Broadband Benefit Program, with more than 1 million households signing up since it went live just over a week ago, agency leaders said Thursday.EXPERT

ANALYSIS

Pandemic-Era Jury Trial Innovations May Be Here To Stay
Many jurisdictions are resuming in-person jury trials, but certain technology-enabled efficiencies could outlast the pandemic and represent lasting changes for the way pretrial proceedings and courtroom presentations take place, says Stuart Ratzan at Ratzan Weissman.

Lessons From COVID Securities Rulings On Dismissal Bids
Motions to dismiss the first pandemic-related securities class actions were met with varying degrees of success, but show that plaintiffs still face hurdles bringing claims related to COVID-19’s impact on a company’s operations, and highlight ongoing litigation and enforcement risks issuers should consider, say Robert Long and Elizabeth Clark at Alston & Bird.

Navigating Development Bank COVID-19 Relief Probes
Multilateral development bank investigations into COVID-19 recovery projects are on the rise and could result in temporary suspension, followed by the spillover effects of cross-debarment and criminal prosecution, say Joshua Ray and Salomé Lemasson at Rahman Ravelli.

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