Facing renewed challenges from COVID-19 variants after reopening in parts of the country earlier this summer, courts once again must decide whether to try cases without full in-person attendance. In the case I just tried, a hybrid solution for court proceedings was smartly implemented by the Delaware Court of Chancery where the court suggested using a third-party technology solution provider to handle the logistical and technical complexities of a hybrid trial in a complex litigation matter. Based on our recent experience, the hybrid solution is a model for the future of complex trials.

Overview

In New Castle County, Delaware, I was the lead trial lawyer in a one-week complex trial before Vice Chancellor Joseph Slights. Our client, the plaintiff seller, sought specific performance from the defendant buyer who claimed it was excused from buying the seller’s assets because the seller breached its representation to conduct the business in the ordinary course of business, which the contract defined as being consistent with past practices, during the first two weeks of the global pandemic. The trial was planned for in-person testimony in the courtroom, but a key witness expressed concern for his health if he had to travel to Delaware. With permission from the Court of Chancery, the trial became a hybrid-type trial where this key witness would testify remotely from New York while the court and authorized team members participated virtually from Delaware during his testimony.

COVID-19 Backdrop

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