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WHAT WE'RE WATCHING

SLEEPING DUTY - Litigators are sounding the alarm about the danger of distracted juries during virtual trials, with some arguing that allowing jurors to appear remotely from the comfort of their own homes is an invitation to inattentiveness. And indeed, there have been some doozies recently, with reports of jurors and prospective jurors applying makeup, playing video games, folding laundry, eating, sleeping, vaping, walking around and even talking on the phone during proceedings. But are Zoom trials really the problem? Or are they simply providing a 1920px by 1080px window into the age-old struggles that come with plucking people out of their daily routines and asking them to remain alert and engaged for hours on end, motivated by little more than a sense of civic duty? As we explore in this week's Law.com Litigation Trendspotter, it appears the jury's still out—probably for a smoke break. I'm interested to hear what you think: Are jurors really any more prone to distraction and inattentiveness during remote trials? If so, is there anything judges and courts can do to better control their virtual courtrooms? Let me know at [email protected].

A MOVEMENT OR A MOMENT? - As Law.com's Patrick Smith reported earlier this week, "diversity fatigue" is threatening the progress law firms are making around eliminating systemic racism and creating a more inclusive environment. But, as Law.com's Lizzy McLellan writes in this week's Law.com Barometer newsletter: when it comes to pushing for equity in the industry, law firms can't afford to lose momentum now. "As clients continue to apply pressure, smart law firms will look for new ways to combat the homogeneity of their ranks," McLellan writes, adding that, in addition to overhauling their recruitment tactics, "Firms will also have to rethink the way they do business, and ask why the industry is so far behind, in order to retain good talent." To receive the Law.com Barometer directly to your inbox each week, click here.

'ALEXA, ARE YOU WEARING A WIRE?' - Amazon.com was slapped with a privacy class action Thursday in Washington Western District Court over the company's handling of smart speaker recordings. The lawsuit, which alleges that Amazon's Alexa technology saves permanent recordings of users' voices without consent, is backed by Robbins Geller Rudman & Dowd; Stritmatter Kessler Koehler Moore; and Thornton Law Firm. "While Alexa is held out to resemble an ideal servant in a Victorian manor, hovering in the background, waiting patiently to do its master's bidding, that is merely a façade," the complaint says. "In reality, Alexa is more akin to an Orwellian Big Brother informant, surreptitiously collecting personal, private, and confidential conversations to bring back to its true master, Amazon— which then uses the unauthorized and unlawfully obtained information at its discretion." Counsel have not yet appeared for the defendant. The case is 2:21-cv-00854, Mirabile et al v. Amazon.com, Inc. et al. Stay up on the latest deals and litigation with the new Law.com Radar.  

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EDITOR'S PICKS

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WHILE YOU WERE SLEEPING

ALOOF ON REMOTE - Partners in the U.K. did not mince words when expressing to Law.com International's Rose Walker how they feel about their firms' silence so far on remote work. "If even Slaughter and May can embrace remote working, why the hell can't we?" asked one London at a U.S. law firm, describing its handling of future working plans as "useless." Despite an overwhelming shift towards hybrid working in the industry, there are a few major firms that have remained mum on their remote work policies moving forward. But, as Walker posits, that may be by design. "Perhaps in hesitating to join the throngs of peers to have embraced the change in working habits, some firms are implicitly telling their people not to expect it whatsoever," she writes, but adds that this tactic could easily backfire. "Junior ranks in the industry are [realizing] the importance of a proper work-life balance and many are quitting the profession if they feel it can't provide them with that. The industry is at a critical point as a result."

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WHAT YOU SAID

"This isn't about an unpopular lawyer or an unpopular position or an unpopular client, this is about making statements without factual support, and lawyers should never do that."