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Law360 Coronavirus: Your afternoon briefing

From Media & Entertainment Law360

Monday, May 11, 2020
TOP NEWS
Thompson & Knight Fires Manager For COVID-19 Mask Post
Thompson & Knight LLP has fired a document services manager in the Dallas area after he published a public Facebook post that references a gun and ammunition and expresses anger at retail businesses requiring face masks during the coronavirus pandemic.

Don’t Fear The Reaper, He’s A Florida AttorneyThe attorney who’s been haunting Florida beaches dressed as the Grim Reaper is no stranger to controversy, but his newest protest is stirring up debate not just about the coronavirus, but the proper conduct for a lawyer.

Weathering A Pandemic: What GCs Have Learned So FarTwo months after the World Health Organization formally declared the coronavirus outbreak a pandemic, general counsel share what they’ve learned about their roles and teams, as well as their predictions about the eventual “new normal.”

Coronavirus: How Law Firms Are Handling The Downturn
UPDATED May 11, 2020, 1:37 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. 

COVID-19 Cuts Continue At Three BigLaw FirmsEversheds Sutherland, Holland & Knight LLP and Pepper Hamilton LLP confirmed on Friday that they are proceeding with salary cuts and furloughs in response to the economic upheaval caused by the COVID-19 pandemic, with Pepper Hamilton also saying it plans to continue with its planned merger with Troutman Sanders LLP.

Bryan Cave, MoFo Join Firms Going Virtual This SummerBryan Cave Leighton Paisner LLP, Morrison & Foerster LLP, Akin Gump Strauss Hauer & Feld LLP and two other BigLaw firms on Friday confirmed plans to conduct remote versions of their summer associate programs, just the latest round of industrywide COVID-19 adjustments.

Virus Smacks Legal Industry With 64,000 Jobs Lost In AprilThe legal industry shed about 64,000 jobs in April, a 5.5% decrease over March as the impact of the COVID-19 pandemic washed over the sector, according to U.S. Department of Labor data released Friday.

Covid-19 Prompts 6-Week Delay In Delaware Bar Exams
Delaware’s Supreme Court postponed the state’s annual bar examination by six weeks on Monday, pushing the start date to Sept. 9 and coming into line with pandemic-driven changes announced earlier in California, Illinois, New Jersey, New York, Pennsylvania and other jurisdictions.

CLOSINGS AND RESTRICTIONS

Coronavirus: The Latest Court Closures And Restrictions
UPDATED May 11, 2020, 1:57 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 11, 2020, 6:42 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 IT MEANS FOR ATTORNEYS

Labor Dept. Looks To Clarify CARES Unemployment Benefits
The U.S. Department of Labor has issued new guidance aimed at clearing up states’ questions about the enhanced unemployment benefits provided by the federal Coronavirus Aid, Relief and Economic Security Act, touching on issues including eligibility and tax treatment of benefit payments.

Benefits Litigation To Watch For Post-PandemicWhen the coronavirus pandemic subsides, employers can expect a spike in litigation over employee retirement plan investments, notices to laid-off workers about benefit rights, and companies’ handling of retirement and health plans after furloughs or layoffs.

Guarding Against Workplace Harassment In A Pandemic
The coronavirus pandemic may have elevated safety, staffing and other immediate concerns above harassment, but harassers haven’t changed their ways and governments haven’t freed businesses from their obligations to shield workers from mistreatment based on their sex, race and other protected characteristics. Here, Law360 looks at what employers can do to stave off harassment in a work-from-home world.

Cybersecurity Legal Market Still Thriving During Pandemic
As the coronavirus pandemic prompts law firms to cut costs and causes some attorneys to worry about the viability of their practice areas, cybersecurity and privacy lawyers appear to be more in demand than ever.

FTC May Change Obscure Data Breach Rule In Telehealth Era
The Federal Trade Commission said Friday that it is considering changing a decade-old, little-used rule that requires certain companies handling health information to publicly report data breaches — and which could gain new relevance as consumers increasingly turn to telehealth.

Colombian Airline Avianca Hits Ch. 11 In COVID-19 Shutdown
Avianca, Latin America’s second-largest airline, has asked a New York bankruptcy court for Chapter 11 protection, saying its revenues have plunged 80% since the COVID-19 pandemic grounded global air travel.

Discount Retailer Stage Stores Plans Ch. 11 Sale Effort
Stage Stores Inc., the parent company of discount retailers Peebles, Palais Royal, Bealls and Goody’s, hit Chapter 11 on Sunday in Texas planning to auction its more than 700 stores and blaming the COVID-19 outbreak for the reversal of its fortunes.

OCC’s New Bank Exam Chief Talks COVID-19 And Beyond
Blake Paulson has worked through plenty of economic peaks and troughs during his more than three decades at the Office of the Comptroller of the Currency, but he asserts that the effects of COVID-19 have been unique, requiring unprecedented steps to keep banks running smoothly.

FCA Could Take Business Interruption Case To Court By July
The Financial Conduct Authority could bring a case over insurers’ liability over claims for business interruption to court as early as July, a group of claimants said on Monday, although it could come too late for businesses brought close to collapse by a continued coronavirus lockdown.

Coping With A Pandemic: Cleveland Legal Aid’s Colleen Cotter
As society continues to adapt to COVID-19, Law360 is sharing reactions from around the business and legal community. Today’s perspective comes from Colleen Cotter, executive director at The Legal Aid Society of Cleveland.

PODCAST

Law360’s Pro Say: Judge Rakoff Talks COVID And The CourtsThe federal judiciary is adjusting to the challenges of an entirely virtual workplace, and there have already been a fair share of headaches even at the highest levels of the court system.

EXPERT ANALYSIS

What Attys Should Consider Before Waiving Jury Trial Right
As courts slowly reopen in the wake of the pandemic, and amid a likely shortage of jurors for civil trials, attorneys may be forced to decide whether to opt for a bench trial or wait for an unknown period of time to have their matter tried to a jury, say attorneys at Dentons.

Beware WARN Act Liability For Pandemic-Related Layoffs
Two early class action claims that allege violations of the Worker Adjustment and Retraining Notification Act portend a wave of litigation questioning whether certain decisions to terminate employees were unforeseeable, necessary, or truly caused by COVID-19, say Barbara Roth and Tyler Hendry at Herbert Smith.

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