4 March 2021
The COVID-19 pandemic is transforming every aspect of litigation, from the evolving types of cases — and opportunities — to how the courts operate.
Our Litigation Forecast 2021 explores the ways in which COVID-19 is transforming litigation, challenging both courts and counsel to adapt to changing circumstances. The Forecast examines the ways courts have innovated their operations by enhancing technology’s role, and how this impacts litigation strategies in unprecedented ways.
The article, “How COVID is Changing Litigation — Today and Tomorrow,” examines the changes that courts, counsel, and litigants are facing in response to the COVID-19 crisis. Traditional courtroom practices have been upended, accelerating the rapid adoption of new technologies and procedures by the courts and counsel. The technical challenges of virtual court proceedings, the impact of these changes on jurors and judges, and what litigators need to keep in mind — from assessing juror reactions to the impact of remote testimony — are all explored.
“New Litigation Frontiers Brought to You by COVID” discusses the uncertainty that the pandemic has introduced into business relationships, which has driven numerous lawsuits focusing on commercial leases, commercial contracts, and tort liability. We explore how this new dynamic puts companies in a difficult position as they strive to keep employees and customers safe while trying to keep the business running.
In the article “Courts Reopen — Or Try To,” we provide insights into how courts are working to reopen and respond to an increasing backlog, despite a lack of national standards for virtual operations, unpredictable pandemic spikes, and mounting litigation.