COVID-19 and Unprecedented: Litigation Insights, Issue 33, November 2020

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Litigators often refer to so-called "bad facts," which are the facts that have the potential to sink a case with a jury. This 33rd issue of Unprecedented discusses a case with perhaps the worst alleged set of "bad facts" that we've seen so far -- a management betting pool on how many workers would contract COVID-19. This highlights one of the biggest risks that companies face: even the best policies and procedures can be undermined if the people responsible for implementing them do not buy in. Read further to learn about this case and other COVID-19-related issues ranging from shutdown litigation to liability protection.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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