Category Archives: Uncategorized

by Sonya Goodwin

The large firms and small boutiques who sent their workers home in the early days of the pandemic are watching with wary eyes the Delta variant, even as they are opening their doors and turning the lights back on. But the attorneys who show up to work in this next phase of the pandemic could look much different than the group that departed last year.

The COVID pandemic has had a huge impact on the legal profession. For more than a year, lawyers have held virtual online client conferences and attended court proceedings via Zoom or other online platforms. They have learned how to file documents electronically from their home computers.

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by Sonya Goodwin

As businesses across the nation were buffeted by the pandemic last year, we witnessed an unprecedented number of closures and layoffs. Companies large and small struggled to stay open while workers hung on by their fingernails, not knowing if there would be sufficient work to keep them employed at home or if there would be jobs to come back to.

In total, about 200,000 more businesses permanently closed in 2020 compared to the prior year, according to the U.S. Federal Reserve Board. But instead of seeing a sharp increase in claims under the federal Worker Adjustment and Retraining Notification Act or equivalent state laws, we saw less than half as many WARN lawsuits filed after the national emergency was declared, as were filed during an equivalent period before the pandemic. In total, some three dozen lawsuits were litigated in federal district courts involving claims of violations of the WARN Act or a state equivalent.

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by Sonya Goodwin

The COVID-19 pandemic has completely rewritten the playbook for U.S. companies that do their best to avoid claims of employment discrimination. Until recently, these employers had just two or three boxes that needed to be checked before they could proceed with disciplining or terminating an employee: Protected class? Protected activity? Retaliation?

Now the “gotcha” list has become like the magic beanstalk that keeps growing, and companies large and small find themselves facing claims for routine business actions that never before would have raised red flags. A record number of lawsuits filed in 2020 allege discrimination or retaliation because of COVID-related issues, and that number is expected to grow significantly in 2021.

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by Gerald Sauer

The coronavirus pandemic has changed virtually everything we know about the practice of law. Attorneys now interact with their clients via Zoom conferences rather than in person. Documents are filed remotely, not hand-delivered. Trials now include remote jury selection, video attendance, masks and social distancing. Civil matters, already substantially backlogged, have moved into the slow lane.

The article examines statutory changes enacted during and in response to the pandemic, as well as procedural changes implemented by trial and appellate courts to help keep the justice system operating during this unprecedented time.

The Article Qualifies For California MCLE Self-Study Credit

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