From Media & Entertainment Law360

Thursday June 18 2020

TOP NEWS

Spike In Work Overshadowed By Billing Woes For Law Firms

Law firms saw an increase in new work at the beginning of June, but the industry is not in the clear yet as the impacts of the coronavirus are still being felt when it comes to collecting client payments and in ongoing staff layoffs, a Wednesday report found.

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. 

EEOC Says Employers Can’t Require COVID-19 Antibody Tests

Businesses can’t make workers take tests that detect COVID-19 antibodies without violating the Americans with Disabilities Act, the EEOC said in new guidance Wednesday, answering a question left open when the commission recently gave businesses the green light to test employees for the virus itself.

Blank Rome Attys Talk COVID-19 Insurance Coverage Battles

Blank Rome LLP insurance recovery partners Jim Murray and Linda Kornfeld recently spoke with Law360 about how their practice group has been tackling clients’ claims for business loss coverage amid the COVID-19 crisis, while adjusting to the new normal of working from home.

CLOSINGS AND RESTRICTIONS

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Coronavirus: The Latest Court Closures And Restrictions

UPDATED June 18, 2020, 1:41 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 18, 2020, 12:24 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.

Federal Indictments Return To NYC As Grand Juries Gather

Court officials say New York City’s federal grand juries are meeting in person once again, grinding out a wave of new indictments in the past two weeks after a nearly three-month hiatus and amid continuing concerns about COVID-19.

Fla. Courts Allowed To Resume Jury Trials On Local Basis

Florida’s individual counties or trial court circuits will have a say in determining when to resume in-person jury trials under Chief Justice Charles Canady’s latest round of updates to guidelines for the state’s courts on navigating the COVID-19 pandemic.

WHAT IT MEANS FOR ATTORNEYS

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Unions Sue DOL To Force Virus Safety Rule For Miners

A coalition of mining and steel unions urged the D.C. Circuit on Tuesday to make the Mine Safety and Health Administration issue a rule requiring employers to protect miners from COVID-19, saying the agency’s refusal to issue an emergency safety standard is an “abuse of agency discretion.”

Sherwin-Williams Accused Of Cutting Pandemic Pay From OT

A former assistant manager at Sherwin-Williams is suing the paint manufacturer in Ohio federal court, alleging the company underpaid workers for overtime by failing to calculate regular bonuses and extra coronavirus pandemic pay into overtime rates.

Lyft Says COVID Paid Sick Leave Suit Belongs In Arbitration

Lyft told a D.C. federal court on Tuesday that a proposed class action seeking paid sick leave for drivers with the ride-hailing service belongs in arbitration because the drivers agreed to an arbitration clause in their terms.

Eatery Says COVID-Caused ‘Loss Of Use’ Is Physical Damage

Seattle eatery Nue LLC urged a Washington federal judge Wednesday not to grant Oregon Mutual Insurance Co.’s bid to toss its suit seeking COVID-19 loss coverage, arguing that it suffered a “loss of use” of property that constitutes physical damage under its policy with the insurer.

Pa. Justices Tasked With Breaking COVID-19 Order Impasse

The Supreme Court of Pennsylvania agreed Wednesday to step in and resolve a dispute between Gov. Tom Wolf and Republicans in the state legislature over whether lawmakers can unilaterally make the governor end the state’s COVID-19 disaster emergency declaration.

Judge Blocks Restrictions On Virus Aid For Foreign Students

A California federal judge ruled Wednesday that the U.S. Department of Education’s guidance blocking coronavirus aid for foreign students is likely unconstitutional, temporarily barring the government from imposing those eligibility requirements at California community colleges.

EXPERT ANALYSIS

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The Privilege Implications Of Using Online Collaboration Tools

While few courts have addressed the attorney-client privilege or work-product doctrine in the context of online collaboration tools, existing case law supports five best practices as organizations increasingly use these tools in the COVID-19 era, say Christopher Campbell and Marcus Sandifer at DLA Piper.

Health Cos.’ Biz Associate Agreements Need COVID-19 Update

Health providers should update their business associate agreements to account for increased federal enforcement related to COVID-19, rising usage of telehealth and new rules regarding interoperability, say Cynthia Haines and Elizabeth Hein at Post & Schell.

How To Handle Congressional Queries On COVID-19 Relief

Despite their informal nature, congressional inquiries regarding CARES Act implementation should not be taken lightly as these requests may be precursors to more formal and invasive investigations, say attorneys at Baker Donelson.