As Lawyers Adapt to 'NY on PAUSE', State Court System Expands Virtual Operations
New York's Chief Judge Janet DiFiore says a significant number of judges, court officers and other workers have been infected with the virus.
March 31, 2020 at 04:21 PM
5 minute read
New York state's court system says it expanded virtual court operations Monday as the state remains at the epicenter of a coronavirus pandemic.
New York's Chief Judge Janet DiFiore announced the expansion in a video address posted online Monday evening, saying a significant number of judges, court officers and other workers have been infected with the virus.
DiFiore's message came as attorneys entered the second week under Gov. Andrew Cuomo's "New York on PAUSE" executive order, which included a directive that in-office personnel functions move out of the workplace except for "essential" businesses. As Cuomo's order left legal services off the list of "essential" businesses, court officials repeatedly limited functions that had to take place in courthouses.
When it was formulated, some lawyers were unsure about the line between "essential" and "nonessential" services under the order, but many who spoke with the Law Journal said they had found a new equilibrium. The court system for its part reduced to nearly zero court appearances that had to happen in person.
DiFiore reported the court system is going virtual in Suffolk County and the fifth judicial district in central New York, along with the seventh judicial district that covers Rochester. She reported the court system plans to have all judicial districts outside New York City operating virtually by the end of next week "to handle essential and emergency matters."
The state court system has already postponed all "nonessential" services. Lawrence Marks, the state's chief administrative judge, previously issued an order listing which topics are considered "essential" matters, which includes bail applications, temporary orders of protection and applications tied to "serious code violations."
Eviction proceedings and pending eviction orders have also been suspended statewide, according to the court system.
The court system's announcement is in line with pleas from public officials, who have urged people to stay home and in general avoid close in-person interactions that can help spread the virus.
"New York state and New York City are the epicenter of the coronavirus outbreak," DiFiore said in the video. "While the expert consensus is that the number of infected individuals will continue to rise, we are committed to keeping our courts open to hear essential and emergency matters."
Lawyers have acknowledged the seriousness of the coronavirus, but say the court system largely "shutdown" court operations.
New York's economy continues to be engulfed by the coronavirus. In an effort to slow the virus' spread, the state ordered all nonessential workers to stay home and issued sweeping rules that sharply curtailed gatherings of any kind.
Some law firms have transitioned to working remotely in light of the coronavirus.
Robert Schofield, a co-managing partner at Whiteman Osterman & Hanna, said the firm did not want to put employees at risk unnecessarily by sending them into the office.
Some attorneys have expressed concerns that the economic upheaval and a slowing of the legal operations will eventually hit their law firms.
"A lot of our firms are going to be significantly impacted by this crisis," said James O'Connor, president of the Defense Association of New York, commenting on smaller legal firms. It would be heart-wrenching, he said, to let go of outstanding employees who haven't done anything wrong.
Moving legal activities from an in-person system to a remote operation will be crucial to blunting a financial downturn for law firms, he said. That could mean things like conducting a deposition through a video conference, instead of an in-person meeting where people are gathered in a conference room, he said.
Jaimie Nawaday, chair of Kelley Drye & Warren's white-collar, investigations and compliance practice, said work with most of the firm's work continued, albeit remotely. Kelley Drye, like most firms, had switched to videoconferencing to meet with clients, and had even started hosting a "virtual happy hour" to help its attorneys keep in touch from home.
"They are making an effort to reach out and stay in touch," she said.
The firm's CLE and litigation groups remained particularly busy, and lawyers were getting regular updates from managing partners and other firm leadership, she said.
Mintz & Gold, another Manhattan firm, was also largely working from home and arranging meetings remotely using Zoom, according to Charles Ross, a partner in the firm.
Tom McParland contributed to this story.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllBig Law Partner Presented With State Bar's Scheindlin Award
'A World of Credit': Ex-FTX Executive Gary Wang Sentenced to Time Served Following Cooperation
Manhattan Prosecutors Say They Will Oppose Efforts by Trump Legal Team to Dismiss Case
Law Firms Mentioned
Trending Stories
- 1Pharmaceutical Patents: Benefits and Challenges
- 2Where Do Web-Tracking Class Actions Belong? 8th Circuit Weighs the Issue
- 3While Data Breaches May Lead to Years of Legal Battles, Cyberattacks Can be Prevented
- 4The Definition of Special Employment
- 5People in the News—Nov. 21, 2024—Willig Williams, Hangley Aronchick
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250