Search

Search form

LitigationBlog Posts

See all

Litigator’s Guide to Navigating Virtual Court Proceedings

With 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 Reading
July 8, 2020

Litigator’s Guide to Navigating Virtual Court Proceedings

With 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 Reading
July 8, 2020

Updated EEOC Guidance: COVID-19 Antibody Testing Cannot Be Required to Return to Work

Earlier 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 Reading
June 29, 2020

Federal Courts Issue Guidance for Jury Trials During COVID-19: What Litigators Need to Know

The 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 Reading
June 23, 2020

Pandemic Leads to Accommodation Claims under Federal and State Laws

The 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 Reading
June 22, 2020

Supreme Court Rules Title VII Protects LGTBQ+ Employees From Employment Discrimination

In 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 Reading
June 15, 2020

Zooming In on Remote Depositions during COVID-19 Pandemic

As 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 Reading
June 9, 2020

Assistant Nursing Director Claims COVID-19 Retaliation Against Nursing Home Employer

In 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 Reading
June 8, 2020

Missouri Legislature Passes Bill Increasing Standard for Plaintiffs to Receive Punitive Damages

Recently, 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 Reading
May 26, 2020

Reopenings in COVID-19 Era and Employee Disability, Leave Litigation

The 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 Reading
May 5, 2020

Pages