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Friday, August 21, 2020

TOP NEWS

Will COVID-19 Force Older Attys To Retire Sooner?

As law firms look for ways to reduce costs during the coronavirus pandemic, more are offering early retirement packages to employees. So far, firms have only confirmed the offer for staff, but experts believe the virus will likely accelerate the timing of retirement plans of many older lawyers.

Coronavirus: How Law Firms Are Handling The Downturn

UPDATED August 21, 2020, 11:06 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. 

Firms Tackle Challenges Facing Atty Parents As School Starts

A number of law firms are ramping up their efforts to support attorney parents who are facing a new school year and the need to again navigate remote schooling and work, with Reed Smith LLP and Blank Rome LLP among those highlighting new programs on Wednesday.

For Some In-House Attys, Virus Means More Work, Less Pay

Almost a quarter of in-house lawyers surveyed have experienced a decrease in base pay and benefits during the coronavirus pandemic, and more than three-quarters said layoffs or hiring freezes have affected their workload, according to survey results released Tuesday.

Other Firms May Follow Dentons With Virtual Tie-Ups

Law firm mergers practically screeched to a halt this spring with the onset of the coronavirus pandemic, but megafirm Dentons’ announcement last week that it had inked a major combination using virtual means could signal that law firm deals will soon pick up steam again.

BigLaw Joins Push To Rock The Vote With Paid Holiday

With the coronavirus pandemic complicating the presidential election process, law firms are increasingly joining companies nationwide in declaring this year’s Election Day a paid holiday to encourage more people to vote.

Second Georgia Probate Judge Dies Of COVID-19

A Georgia probate judge died on Tuesday after contracting the novel coronavirus, and is the second probate judge in the state to have succumbed to COVID-19, while another remains on a ventilator in the hospital.

COURT AND BAR EXAM ADJUSTMENTS

Coronavirus: The Latest Court Closures And Restrictions

UPDATED August 21, 2020, 1:52 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.

Don’t Expect Pandemic Trials To Scale Up, Fla. Judge Says

After overseeing the first jury trial under a Florida pilot program evaluating how to try cases in a pandemic, a Sunshine State judge has come to the conclusion that small socially distanced trials might work, but not complex or extended cases.

WDTX Judge Says Virus Case Drop Means Trials Start Soon

Judge Alan Albright of the Western District of Texas said the district’s Waco division will resume jury trials Sept. 1 despite the rest of the district putting them off until the following month, citing a “meaningful decline” in new COVID-19 cases around the division.

Texas Lawyers Not Keen On Virtual Jury Trials, Survey Finds

Fewer than 20% of Texas lawyers are ready to conduct a remote jury trial, according to nearly 2,800 lawyers’ responses to a wide-ranging survey conducted by the Texas Office of Court Administration.

1st Online Bar Exam In Calif. Attracting Record Numbers

The State Bar of California’s plan to administer its first bar exam online is attracting a record number of applications, with at least 12,000 prospective attorneys having signed up for the October test, the organization said on Wednesday.

Fla. Chief Justice Apologizes For Bar Exam Failures 

On the day Florida had been scheduled to hold its bar exam online due to the coronavirus pandemic, before software bugs upended those plans, Florida’s chief justice issued a video message Wednesday apologizing to bar applicants and acknowledging the failure of officials responsible for the test.

Fla. Bar Applicants Petition To Practice Without Taking Exam

More than 50 Florida attorneys as well as Florida Bar applicants who are waiting to take the now-postponed bar exam filed a petition Thursday with the state’s high court asking for an emergency rule that would allow recent law graduates to practice without having to pass the bar exam.

WHAT IT MEANS FOR ATTORNEYS

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Coronavirus Litigation: The Week In Review

President Donald Trump and other Republicans are challenging vote-by-mail measures in court, Clorox has been hit with a lawsuit over splash-less bleach that allegedly fails to disinfect, and American Airlines is looking to escape claims that it owes refunds for flights canceled amid the coronavirus pandemic.

Coronavirus Regulations: A State-By-State Week In Review

The COVID-19 pandemic managed to drive newsworthy enforcement, funding and reopening developments over the past week despite competing headlines from Tropical Storm Isaias and politics.

5 Tips For Helping Workers Deal With Mask-Averse Customers

As businesses continue to ramp up in-person operations, they’re grappling with how to make sure sometimes-reluctant customers wear masks without exposing their workers to verbal abuse or even physical violence. Here are five tips for getting customers to mask up while minimizing risks to employees.

OSHA Whistleblower Claims Jump Amid Virus, Watchdog Says

The Occupational Safety and Health Administration must do a better job of processing complaints alleging retaliation for reporting unsafe working conditions, especially as the coronavirus pandemic has caused whistleblower claims to spike, the Labor Department’s internal watchdog said in a new report.

COVID-19 IP Catch-Up: All Eyes On Texas

In this round of intellectual property updates tied to the ongoing pandemic, patent trials across Texas continued to get pushed back, except in Marshall, where an in-person jury hit Apple with a half-billion-dollar verdict Tuesday.

Hatch-Waxman Complaints Down Sharply During Pandemic

Patent suits over abbreviated new drug applications have dropped significantly since the start of 2020 compared to the same time last year due to pharmaceutical companies diverting their attention from developing generics to responding to the coronavirus pandemic, a Schiff Hardin LLP partner said Thursday.

Juror Irregularities Mar Asbestos Zoom Trials, Defendants Say

Taking a pair of asbestos trials online in California state court has led to jurors working during opening statements and improperly making nice with a plaintiff, according to Honeywell and another company on trial over claims they respectively caused a former custodian’s and Navy admiral’s mesothelioma.

Insurance Suits Aim For MDL Over COVID-19-Canceled Trips

A proposed class of travelers is asking the Judicial Panel on Multidistrict Litigation to consolidate a group of suits against the American unit of Assicurazioni Generali Group, saying consolidation is appropriate to streamline claims that the insurer failed to pay up on policies for trips canceled because of COVID-19.

COVID-19 Damages Lungs, Not Property, Insurer Says

Continental Casualty Co. told a Kansas federal judge Monday that “COVID-19 damages human lungs, not property,” saying that its policyholder can’t rely on an absence of virus exclusion for coverage when it failed to show a physical loss in the first place.

Restaurants Say Structural Damage Unneeded In Virus Claims

A group of Florida restaurants fighting certain underwriters at Lloyd’s of London over business interruption coverage stemming from the COVID-19 pandemic are pushing back against the insurer’s call to toss the suit, telling the court “physical loss” that triggers the policy includes not just structural damage, but loss of function and intended use.

Tax Pros Seeking Workarounds To Minimize Postal Delays

U.S. Postmaster General Louis DeJoy’s postal efficiency upgrades, combined with the backlog of unopened IRS mail during the novel coronavirus pandemic, has prompted some tax professionals to look for new ways to help their small-business clients file their returns.

Latham Leads Challenge To Rushed Census Plan

Latham & Watkins LLP is leading the charge in a lawsuit brought by a group of civil rights organizations and municipalities in California, Texas and Washington claiming that the Trump administration’s decision to drastically cut the time to collect census data amid the coronavirus pandemic is unconstitutional.

Coronavirus Q&A: Bilzin Sumberg Real Estate Leader

In this edition of Coronavirus Q&A, Bilzin Sumberg’s real estate leader discussed the current challenges that hotel owners face and the rocky road ahead for that sector.

EXPERT ANALYSIS

Weighing The Virtual Courtroom Option In Civil Cases

Lawyers can look to federal district courts’ recent virtual proceedings to evaluate whether remote appearances would further their clients’ interests in civil lawsuits or if they would impose unfairness and inefficiency, say Christopher Green and Sara Fish at Fish & Richardson.

Tips For Protecting Privilege In Remote Internal Investigations

Conducting video or telephonic internal investigations poses significant risk that attorney-client privilege may be waived if third parties gain access to communications, but appropriate warnings to interviewees and savvy use of technology tools can help, say attorneys at Riley Safer.

Recent Months Have Muddled COVID-19 Force Majeure Law

Courts have been inconsistent in deciding whether COVID-19 is a casualty or direct physical loss in force majeure contract disputes, and with no expected legislation to offer uniformity, contradictory rulings will likely continue, says Massimo D’Angelo at Adam Leitman.