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Law360 Coronavirus: Your Afternoon Briefing June 5

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TOP NEWS

Despite Virus, Legal Jobs Inched Up In May

Legal industry jobs creeped up by 0.3% in May, an increase of 3,200 positions that came one month after a precipitous decrease brought on by the COVID-19 pandemic, according to U.S. Department of Labor data released Friday.

Coronavirus: How Law Firms Are Handling The Downturn

UPDATED June 3, 2020, 11:28 AM 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. 

GCs Forced To Juggle As Legal Teams Face COVID-19 Cuts

As general counsel lay off lawyers and other staff to help companies shoulder the economic fallout of the COVID-19 crisis and adjust to operating with leaner departments, they’re being forced to reprioritize and find ways to make up for lost knowledge, experts say.

How In-House Attys Can Build Resilience Despite Disruptions

Expecting and embracing both personal and work disruptions are crucial in developing a legal department that’s resilient, which speakers during a webinar Thursday acknowledged is especially relevant given the ongoing COVID-19 pandemic and the death of George Floyd in Minneapolis.

Can The Legal Industry Adapt In COVID-19’s Wake?

Although many in the legal industry feel they have adapted well to working from home during COVID-19, there are broad concerns about the industry’s ability to innovate in response to the pandemic and its potential long-term fallout, according to a new survey from Legal Decoder.

Miami, Orlando Headline Fla. Courts’ Remote Trial Experiment

The Florida judiciary’s COVID-19 Workgroup has tabbed five trial courts across the state, including those in Miami and Orlando, to try conducting a remote jury trial as part of a pilot program while traditional jury trials are halted because of the coronavirus pandemic.

Sotomayor Halts Order Moving Ohio Inmates Due To Outbreak

U.S. Supreme Court Justice Sonia Sotomayor on Thursday blocked a district court order forcing the Bureau of Prisons to move more than 120 medically vulnerable inmates from a federal prison in Ohio on Friday in response to the facility’s deadly COVID-19 outbreak, giving the Sixth Circuit time to rule on the government’s appeal.

Give Up CDC Info Or Answer To Me, Judge Tells Trump Attys

A displeased Manhattan federal judge said Thursday she will haul top Trump administration agency lawyers into court if they drag their feet in a freedom-of-information case claiming the president suppressed free speech at the Centers for Disease Control and Prevention as the COVID-19 crisis set in.

CLOSINGS AND RESTRICTIONS


Coronavirus: The Latest Court Closures And Restrictions

UPDATED June 5, 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 June 5, 2020, 12:06 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.

WHAT ATTORNEYS NEED TO KNOW


Virus Has Workers’ Lawyers Shifting From Litigation To Advice

As millions of workers struggle to navigate overloaded unemployment compensation systems and the web of leave, safety and other workplace rights put in play by the pandemic, many plaintiff-side employment lawyers are shifting their practices to focus more on advice.

Coronavirus Q&A: Berger Singerman’s Paul Singerman

In this edition of Coronavirus Q&A, Berger Singerman LLP co-chair and bankruptcy pro Paul Singerman talks about how the pandemic-fueled financial crisis compares with other economic turmoil he has helped clients weather and the challenges companies will face in the coming months.

4 Highlights As CDC Chief Eyes Perilous Path For Pandemic

The director of the Centers for Disease Control and Prevention on Thursday warned of “serious problems” with lax social distancing, predicted a one-two punch of seasonal flu and COVID-19, and discussed new regulatory duties tied to the pandemic’s toll on African Americans and Native Americans. Here are four highlights from a congressional hearing.

NYPD Defeats Bid To Free 300 Jailed Amid Protests

A New York state court judge on Thursday denied a demand to free hundreds of people arrested amid protests and looting in New York City, accepting the NYPD’s argument that the more than 24-hour delays to release people are caused by “a crisis within a crisis” and not malice.

Coronavirus Litigation: The Week In Review

Inovio Pharmaceuticals says one of its suppliers is “holding hostage” the development of its COVID-19 vaccine, Amazon workers have accused the company of failing to follow laws and health guidelines at a New York fulfillment center, and a lawsuit comparing Massachusetts’ governor to King George III challenges his decision to close businesses during the pandemic.

Raising Taxes To Pay For Virus Relief May Be Tall Order

Congress has passed trillions of dollars in relief since the novel coronavirus pandemic flattened the economy, but lawmakers and economists question whether a future Congress will muster the political will to raise taxes and cut spending to stem the country’s red ink.

Trump Signs Executive Order To Speed Up Project Approvals

President Donald Trump signed an executive order Thursday instructing agency heads to use “emergency authorities” to sidestep environmental laws and quickly approve major projects like highways, saying the COVID-19 pandemic created a situation that required quick action to stimulate economic growth.

China Eases Foreign Flight Limits After US Threatens Ban

China will relax flight restrictions on foreign airlines starting Monday after the Trump administration vowed to bar China-based airlines from flying to the U.S. in retaliation for China impeding U.S. airlines’ efforts to restart flights that were paused by the coronavirus pandemic.

Inovio Sues Supplier For Holding COVID-19 Vaccine ‘Hostage’

Inovio Pharmaceuticals is accusing one of its suppliers of “holding … hostage” the development of Inovio’s COVID-19 vaccine, and has asked a Pennsylvania state court to make the supplier turn over its manufacturing technology so other companies can use it.

5th Circ. Slams ‘Audacity’ Of Texas Dems’ Mail-In Vote Order

The Fifth Circuit on Thursday upended a district court order won by Texas Democrats that directed the Lone Star State to allow all voters to use mail-in ballots, with the appeals panel saying the lower court’s decision “will be remembered more for audacity than legal reasoning.”

ICE Tries To Squash Fla. Detainees’ COVID-19 Class Cert. Bid

U.S. Immigration and Customs Enforcement argued Thursday that a lack of common issues should stop detainees from collectively pursuing claims that the government failed to follow its own guidance for addressing the COVID-19 pandemic. Meanwhile, the detainees said a judge’s recommendation of partial class approval would prevent meaningful relief.

Albertsons Sued Over COVID-19 Toilet Paper Price-Gouging

Grocery giant Albertsons has been exploiting consumers amid the coronavirus pandemic by drastically increasing prices for high-demand items like toilet paper and medical supplies, in violation of Golden State law, according to a proposed class action filed in California federal court.

EXPERT ANALYSIS


2 Tested Alternatives To Unavoidable Court Delays

Those seeking resolution in commercial disputes that are stuck in an unavoidable but lengthy court backlog due to the pandemic must consider the advantages of arbitration and mediation over court proceedings, says former U.S. District Judge Shira Scheindlin now at Stroock.

Caremark Precedent Should Inform Boards’ COVID-19 Duties

Directors of Delaware corporation boards should consider the responsibilities established in Caremark as a framework for getting sufficiently involved in COVID-19 decision-making, both to help their corporations navigate this difficult period and to defend against potential duty to monitor claims, say attorneys at Boies Schiller.

Considerations For Employers Using Virus Prevention Tech

Use of mobile apps may enhance COVID-19 prevention and remediation in the workplace but also comes with privacy, safety and labor law compliance risks worth evaluating, say attorneys at Epstein Becker.

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