Randy Oppenheimer, partner and Commercial Litigation Practice Area co-chair, and Brittany Lawrence, partner, were quoted in the Rochester Business Journal article “Snapshot of Commercial Litigation Amid a Pandemic,” regarding how the COVID-19 pandemic has impacted—and possibly permanently changed—commercial litigation. The article highlights the different experiences litigators have had with handling matters in person and virtually during the COVID-19 pandemic.
Randy said, “There have been no trial juries downstate, and here in Western New York there is such a huge backlog in so many kinds of commercial matters. But there also is a large backlog in criminal matters. The courts are pushing for lawyers to consider mediation to try to resolve cases. The courts are pushing lawyers to opt for bench trials rather than jury trials as those can be virtual. I don’t know when we’ll have jury trials.”
Due to the large backlog of cases that are ready to go to trial, more cases are being settled. Brittany said, “Courts are encouraging parties to resolve their disputes. It’s been a stressful time for businesses. If everyone rushes to file all sorts of cases, that is not going to be productive.”
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