A LAWSUIT PANDEMIC? THE ONCOMING WAVES OF CORONAVIRUS LITIGATION

The past two decades have shown us that catastrophes and economic downturns can unleash tidal waves of lawsuits. After the attacks on September 11th, we witnessed a flood of filings that tested the limits of real estate insurance and health coverage policies for businesses and first responders at Ground Zero. Similarly, the Great Recession brought lawsuits against major financial institutions, claims alleging investors and regulators had intentionally been misled for years. What legal actions will the coronavirus pandemic bring? 

Coronavirus Enters the Courts

As of May 19, 2020, 1,155 coronavirus-related complaints have been filed in federal and state courts across the United States. New York and California lead the nation with the most filings. However, unlike the Great Recession or the attacks on 9/11, the legal implications for the COVID-19 pandemic are different in their breadth and in their scale. These implications are raising new questions about the meanings of negligence, causation, and liability, terms that had previously been defined and adjudicated in contexts of normality. But what happens when a pandemic creates a new normal? 

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Webinar Invite: Boosting Your New York State Trial Court Wins with Legal Analytics — Join us on August 11 💪

Stoked to present a #MCLE to the New York County Lawyers Association next Thursday, August 11, on Boosting Your New York State Trial Court Wins with Legal Analytics!

If you practice in the Big Apple you won’t want to miss this.  We’ll cover how to leverage New York state trial court — and verdict — data to be more efficient, more proactive and achieve better results for your clients. Get the inside scoop on your judge, competitive counsel, prospects and clients with legal analytics.  Be your firm’s super hero. 🦸

1 NY Credit: 1 Ethics; Transitional and Non-transitional; 1 NJ Credits: 1 Ethics

Save your spot today: https://bit.ly/3zTWxLN

Legal Analytics: Its Perils and its Promises

It is no secret that legal analytics is changing the everyday practices of litigators. In recent years, dozens of commentators have published their own predictions on the ways in which technology will transform, disrupt, or revolutionize the legal industry. Even the American Bar Association has followed suit, modifying a lawyer’s duty of competence to include knowledge of substantive law as well as “the benefits and risks associated with relevant technology.”

Legal analytics is not new. For hundreds of years, litigators have capitalized on the advantages of evidence-based decision making. This is, in fact, largely how the law works. Litigators serve their clients by using their legal reasoning skills to apply specific facts to particular laws. They do this by collecting evidence and by identifying the relevant statutes, cases, or rules that may support their case. For many years, this was a tedious and laborious process. However, recent innovations in legal technologies have expanded the depth and the breadth of legal research, allowing litigators to quickly mine, parse, synthesize, and utilize large bodies of public and private records.

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