News & Analysis as of

Litigation Strategies Coronavirus/COVID-19

Venable LLP

ERTC Refund Lawsuits: Is Now the Time to File?

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Many employers who filed employee retention tax credit (ERTC) refund claims have been waiting months or even years to receive refund checks. The IRS stopped processing refund claims in mid‑July of 2023 and publicly announced...more

Holland & Knight LLP

Important Developments in Nationwide COVID-19 Tuition Refund Class Actions

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Four years after the start of the COVID-19 pandemic, tuition refund class actions against universities have not slowed down. This Holland & Knight alert considers two recent court cases that will impact litigation strategy...more

Lighthouse

Exploring the Links Between Modern Attachments and Legal Precedent in Handling Them

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The modern business technology landscape has been drastically altered over just a few short years. With these changes, eDiscovery and legal professionals have had to scramble to deal with the downstream effects to...more

Esquire Deposition Solutions, LLC

Federal Litigants Can’t Insist on In-Person Depositions

Way back in April 2020, during the early days of the COVID-19 pandemic, a federal magistrate judge in Colorado had already seen enough to offer the following plea that lawyers reassess their habit of traveling long distances...more

American Conference Institute (ACI)

[Event] 11th Annual Advanced Forum on False Claims and Qui Tam Enforcement - January 23rd - 24th, New York, NY

Hosted by American Conference Institute, the 11th Annual Advanced Forum on False Claims and Qui Tam Enforcement returns for another exciting year for lively discussions on FCA enforcement including the ramifications of two...more

Sheppard Mullin Richter & Hampton LLP

[Webinar] Emerging Claims Involving Insurance Class Actions - November 9th, 10:00 am - 10:45 am PT

This presentation will offer insight and strategies against emerging insurance class action claims in California involving a variety of topics, including total loss auto claims, wildfire smoke and Covid-19 claims, and...more

DRI

[Event] Insurance Coverage and Practice Symposium - November 29th - December 1st, New York, NY

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DRI's Insurance Coverage and Practice Symposium is the flagship educational and networking program for insurance executives, claims professionals, and outside counsel who specialize in insurance coverage. This year's...more

Miles Mediation & Arbitration

The Case for Mediating Nursing Home Cases Post-COVID

While nearly any type of lawsuit or issue can be addressed at mediation, certain types of cases are even more well-suited to mediation or other forms of alternative dispute resolution. Nursing home claims and lawsuits are a...more

Zelle  LLP

Tales From The Trenches Of Remote Depositions

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After the COVID-19 pandemic shook the world in early 2020, many industries pivoted to conducting business in ways that reduced or eliminated face-to-face interactions. Fortunately, with internet capability generally...more

Esquire Deposition Solutions, LLC

The Four Types of Depositions

There are four main ways to conduct a pretrial deposition in modern law practice: the deposition by written question, the in-person deposition, the remote deposition, and the hybrid deposition. Each has its strengths and...more

Pierce Atwood LLP

Part 2 – Slowing the Spread of Litigation: An Update on First Circuit COVID-19 Tuition Refund Class Actions

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Part 2: The Legal Backdrop - In Part 1 of this series, we provided a brief overview and introduction of the Boston-based COVID-19 tuition refund class action cases, noting generally that most similar suits haven’t made it...more

American Conference Institute (ACI)

[Event] 21st Annual Advanced Forum on Obstetric Malpractice Claims - June 27th - 28th, Philadelphia, PA

Hosted by the American Conference Institute, the 21st Annual Advanced Forum on Obstetric Malpractice Claims returns in June with curated content that will ensure that you stay current on the evolving standards of care,...more

Esquire Deposition Solutions, LLC

Indiana High Court Is Latest to Examine “Good Cause” for Remote Proceedings

Increasingly, the phrase “good cause” is being used by courts to decide whether a deposition or other judicial proceeding should be conducted remotely or in person. Depending on the jurisdiction and the precise nature of the...more

Winstead PC

Voir Dire (In a Post Covid World)

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David F. Johnson co-authored a paper entitled “Voir Dire (In a Post Covid World)” with Jason Smith of the Law Offices of Jason Smith for the State Bar of Texas’s Business Disputes Course, held in Austin, Texas, on September...more

Epstein Becker & Green

Service of Process: An Overlooked Challenge of Litigation During COVID-19

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The last two years have provided legal professionals with a crash course in the remote practice of law. Attorneys and judges have been forced to navigate COVID-19 protocols and adapt to the rapidly changing legal landscape in...more

Esquire Deposition Solutions, LLC

Do Remote Depositions From Home Violate Rule 45(c)’s 100-Mile Subpoena Limit?

We recently blogged about a case in which a court ruled that a subpoena for a remote deposition did not violate Federal Rule of Civil Procedure 45(c)’s 100-mile limit on subpoenas for non-party witnesses because the deponent...more

Ankura

Breaking Down Saudi Arabia’s New Evidence Law

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The Kingdom of Saudi Arabia recently announced the issuance of the Evidence Law, which comes into effect on July 8, 2022. This law governs all commercial and civil transactions and, in part, administrative and criminal cases....more

Foley & Lardner LLP

Litigation and Governmental Regulation in Response to Record Vehicle Prices in the Wake of COVID-19

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As COVID-19 has led to supply chain issues and labor shortages, Americans have seen the price of cars both new and used skyrocket to new heights. Used car prices are currently 43 percent higher than projected levels without...more

Array

Do Rule 45 Restrictions Apply to Remote Proceedings? Courts Are Split

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The rise of remote proceedings in response to the COVID-19 pandemic has led federal courts to consider novel issues involving the subpoena of individuals for remotely held depositions and hearings. Last year, three federal...more

Planet Depos, LLC

Remote Depositions Remain a Popular Option After Covid

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In-person depositions are on the rise again, but remote depositions are here to stay. Even though remote depositions are no longer the only option, they remain a very convenient and increasingly efficient option. As a Planet...more

Esquire Deposition Solutions, LLC

North Carolina Appellate Court Says Civil Litigants Have Constitutional Right to the Physical Presence of Counsel During...

A North Carolina hospital defending a medical malpractice action was denied constitutional due process when the trial court, citing pandemic-related health concerns, forbade its attorneys from being physically present with...more

Miles Mediation & Arbitration

Old Yeller and the Case for The Great, Big Virtual Mediation

Spoiler alert:  In case you haven’t seen the movie yet, Old Yeller dies in the end.  And the whole world cried.  And they still do, as the film continues to captivate new generations of audiences since its original release in...more

Benesch

Remote Hearings Are Ill-Suited Default For Litigation Realities

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Much undoubtedly changed in the world of pandemic litigation. From remote proceedings to Zoom depositions to mediation by virtual breakout room, we have grown accustomed to litigation from the living room. But to be...more

Kilpatrick

3 Key Takeaways: The State of the North Carolina Judiciary: Pandemic & Beyond

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Kilpatrick Townsend Partner Steve Berlin, who leads the firm’s Winston-Salem office and serves as Chair of the firm’s Environmental Team, recently moderated a high-profile panel of judges from the North Carolina Superior...more

Butler Snow LLP

Trial Lawyer Roundtable

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It is 2022 and we are ready to be back in the courtroom. For the past two years, most civil trials have come to a grinding halt due to the COVID-19 pandemic. However, lawyers, judges and litigants alike are eager to return to...more

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