Coronavirus: Law360 Briefing Fri June 19 2020
By Media & Entertainment Law360
Friday, June 19, 2020
TOP NEWS
How Attys Hope To Prevent Recession-Era Diversity Mistakes
From career-focused webinars for black associates to public calls for in-house counsel to hire women- and minority-owned firms, some legal organizations are proactively trying to encourage lawyers to avoid letting up on diversity progress as they emerge from the COVID-19 pandemic.
Coronavirus: How Law Firms Are Handling The Downturn
UPDATED June 18, 2020, 11:53 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.
Coronavirus Litigation: The Week In Review
Princess Cruise Lines wants out of a negligence suit brought by passengers, consumers seeking refunds of ski trips and flights canceled due to the coronavirus pandemic want to consolidate a growing number of similar cases, and a D.C. federal judge says the U.S. Department of the Treasury can’t hold back $679 million in COVID-19 relief funds from tribal governments.
OSHA Lays Out Road Map For 3-Stage Reopening Plan
The U.S. Department of Labor’s Occupational Safety and Health Administration on Thursday issued a blueprint on how nonessential businesses should reopen amid the coronavirus pandemic, answering questions that ran the gamut from testing and temperature checks to the risk of litigation.
For Tax Court Judges, No End Of Work During Pandemic
Law360 recently asked U.S. Tax Court Chief Judge Maurice Foley and Judge Cary Pugh about the adjustments they and the court have had to make due to the COVID-19 pandemic, such as working remotely and preparing to hold trials online. Here, the judges discuss how the court has shifted its operations due to the novel coronavirus and what’s in store for the future.
CLOSINGS AND RESTRICTIONS
Coronavirus: The Latest Court Closures And Restrictions
UPDATED June 19, 2020, 1:46 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 19, 2020, 11:43 AM 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.
Virtual Tax Court Trials May Expand Access, Top IRS Atty Says
The federal government may be able to expand access to the U.S. Tax Court permanently by continuing to use virtual platforms to hold trials beyond those scheduled for this fall because of the pandemic, the IRS’ top attorney said Thursday.
WHAT IT MEANS FOR ATTORNEYS
Employers’ Mental Health Initiatives May Carry ADA Risk
A global pandemic and nationwide civil unrest over police violence have employers increasingly eyeing ways to augment the mental health and wellness services available to their employees. But those well-intentioned efforts could land businesses on the wrong side of the Americans with Disabilities Act.
AFL-CIO Asks Full DC Circ. To Revisit Virus Safety Rule Suit
The AFL-CIO asked the full D.C. Circuit on Thursday to revisit a panel decision last week that tossed the group’s suit aiming to force the U.S. Department of Labor’s workplace safety arm to issue an emergency rule requiring employers to protect workers from COVID-19.
NY Hits Back At Uber Drivers In Unemployment Benefits Suit
New York state has said that a federal judge shouldn’t order the Empire State to immediately pay unemployment benefits to a group of drivers for Uber and other app-based car services, arguing that the drivers are already receiving unemployment insurance.
Power Station Owner Hits Ch. 11 For Third Time In A Decade
The owner of two gas-fired power generating stations filed for Chapter 11 on Thursday in Delaware, saying decreasing energy demands and dwindling gas prices have hurt its bottom line and forced the company into its third bankruptcy since 2014.
NJ Gym Told To Work Out Virus Shutdown Fight In State Court
A New Jersey federal judge knocked out a gym’s bid for permission to operate as it litigates its constitutional challenge to Gov. Phil Murphy’s COVID-19 business shutdown orders, reasoning Friday that the battle belongs in state court.
Mass. Gyms Flex On Gov. With COVID-19 Shutdown Suit
A chain of Massachusetts gyms is suing Gov. Charlie Baker in federal court for delaying their reopening until the third phase of the state’s plan, saying the “unconstitutional” closure orders could force them into bankruptcy.
Chinese Co. Charged With Selling Defective Respirator Masks
A Chinese electronic device manufacturer has been charged with selling 140,400 falsely labeled and defective KN95 respirator masks to a New Jersey company, the U.S. Department of Justice announced, marking the latest charges against purported profiteers exploiting the coronavirus pandemic.
EXPERT ANALYSIS
Pandemic Could Bring Student Exodus From Legal Profession
A recent survey shows that law and prelaw students have serious concerns about the quality and value of remotely provided legal education, and rapid action from the legal community is necessary to prevent promising young people from leaving in favor of other professions, says Mehran Ebadolahi at TestMax.
The Challenges Of Prosecuting Congressional Insider Trading
Recent allegations that several U.S. senators traded on confidential COVID-19 briefings resemble traditional insider trading claims, but prosecuting violations under the Stop Trading on Congressional Knowledge Act presents at least two existential challenges due to the nature of legislative work, say attorneys at Covington.
Applying Frustration Of Purpose To NY Commercial Leases
Whether commercial tenants struggling with rent obligations due to COVID-19 can successfully invoke the frustration of purpose doctrine in New York courts will depend on three key factors that have been historically difficult to satisfy, say Matthew Schenker and Sam Goodstein at Fox Rothschild.
