LitigationBlog Posts
Litigator’s Guide to Navigating Virtual Court ProceedingsWith the “new norm” losing some of its “newness” as the COVID-19 pandemic continues, virtual court proceedings are becoming widespread across federal and state courts. Here are some important areas to consider before and during remote court proceedings. Test Your Technology At this point, many people have participated in a conference call in which one...… Continue ReadingJuly 8, 2020 |
Litigator’s Guide to Navigating Virtual Court ProceedingsWith the “new norm” losing some of its “newness” as the COVID-19 pandemic continues, virtual court proceedings are becoming widespread across federal and state courts. Here are some important areas to consider before and during remote court proceedings. Test Your Technology At this point, many people have participated in a conference call in which one...… Continue ReadingJuly 8, 2020 |
Updated EEOC Guidance: COVID-19 Antibody Testing Cannot Be Required to Return to WorkEarlier this month, the Equal Employment Opportunity Commission (“EEOC”) updated its Technical Assistance Questions and Answers on COVID-19 issues to state that employers cannot require antibody testing of its employees before they return to work. The EEOC’s guidance came in response to the CDC’s earlier statement regarding antibody testing. In adding Question A.7, the EEOC...… Continue ReadingJune 29, 2020 |
Federal Courts Issue Guidance for Jury Trials During COVID-19: What Litigators Need to KnowThe U.S. Courts’ COVID-19 Judicial Task Force has released guidance on conducting jury trials and convening grand juries during the pandemic. The task force’s guidance, released on June 4, 2020, makes clear that each tribunal will ultimately set its own rules for jury trials after considering things like location, budget, and physical facilities. Highlights from...… Continue ReadingJune 23, 2020 |
Pandemic Leads to Accommodation Claims under Federal and State LawsThe New York District Office of the Equal Employment Opportunity Commission recently commented that it had received an increasing number of charges relating to the COVID-19 pandemic, all of which alleged violations of the reasonable accommodation mandate of the Americans with Disabilities Act (ADA). While the number of filings was not disclosed, the New York...… Continue ReadingJune 22, 2020 |
Supreme Court Rules Title VII Protects LGTBQ+ Employees From Employment DiscriminationIn a landmark ruling, the United States Supreme Court ruled that LGTBQ+ employees are protected from workplace discrimination under Title VII of the Civil Rights Act of 1964. An article by our colleagues discussing the case and its implications can be read here. A copy of The Court’s decision can be accessed here. … Continue ReadingJune 15, 2020 |
Zooming In on Remote Depositions during COVID-19 PandemicAs a result of the COVID-19 pandemic, fully remote depositions have become necessary and employment lawyers are quickly adjusting. Below are some areas to consider when taking a remote deposition. Technology Court reporting services use various audio-video technologies, including Zoom, Cisco Webex, and other platforms, to connect participants in a remote deposition. Being comfortable on...… Continue ReadingJune 9, 2020 |
Assistant Nursing Director Claims COVID-19 Retaliation Against Nursing Home EmployerIn what may be the beginning of a wave of post-COVID-19 lawsuits, a former Assistant Director of Nursing filed a whistleblower complaint against her employer, a long-term care facility. The lawsuit claims termination for raising concerns about alleged health and safety issues relating to, inter alia, staffing levels and the use of effective personal protective...… Continue ReadingJune 8, 2020 |
Missouri Legislature Passes Bill Increasing Standard for Plaintiffs to Receive Punitive DamagesRecently, the Missouri Legislature passed a bill that would make it more difficult for a plaintiff to obtain punitive damages. For a full discussion of the bill expected to be signed by the Governor, see the article from our colleagues by clicking here.… Continue ReadingMay 26, 2020 |
Reopenings in COVID-19 Era and Employee Disability, Leave LitigationThe flurry of federal, state, and local laws hastily passed in response to the COVID-19 pandemic have affected the workplace in ways employers have not seen before. Now, as employers seek to reopen their businesses, in-house counsel and Human Resources professionals tasked with navigating these uncharted waters should bear in mind which decisions could give...… Continue ReadingMay 5, 2020 |