Litigation (CLE)

The consumer finance industry has been shifting because of the challenges brought by the COVID-19 pandemic. The crisis instigated a profound economic impact on consumer finance companies and spurred financial disputes and litigation.

Breach of fiduciary duty lawsuits have been continuously penetrating the business litigation landscape. With claims ranging from theft and self-dealing to usurpation of corporate opportunity, cases can involve partners, shareholders, or creditors.

Litigation finance continues to rise and become a substantial financing tool for everyone today. Because law firms and corporate clients greatly suffered from liquidity constraints and unstable balance sheets brought by the pandemic, they have begun looking for alternative ways to finance legal disputes by engaging with litigation funders. Notably, the increased access to litigation finance has offered considerable advantages and has been widely recognized by bar associations and courts.

Effectively-handled depositions provide a strong foundation in prosecuting or defending cases. However, with several legal developments continuously shaping the landscape along with the changes brought by the implementation of remote depositions because of the pandemic, handling a deposition has now become more challenging and complex.

Several issues and concerns continue to bring widespread complications in the pre-trial and evidentiary hearing procedures. Adding to these challenges is the imposed shift of standard practices to virtual hearings in aims to curtail the effects of COVID-19. However, because an individual presence is vital to obtain credible evidence, several courts have not been able to hold hearings remotely, resulting to delays. Thus, counsel to businesses and companies must remain cognizant of the practical strategies to carefully alleviate the risks and pitfalls.

The past years have seen changing tides on the Americans with Disability Act (ADA) litigation landscape. The number of lawsuits filed in federal courts, which chiefly stemmed from alleged violations on websites and mobile application accessibility, has continuously increased. As regulatory developments and court decisions are yet to unfold, the ADA litigation landscape remains uncertain. Thus, businesses and their counsel must keep themselves in the know of any emerging update in this field of law. They must also revisit their practices to ensure ADA compliance and dodge potential lawsuits.

Since the onset of the COVID-19 pandemic, the number of consumer class action lawsuits drastically upsurged in various industries. The regulatory paradigm has also significantly evolved with recent court decisions shedding light on future class action lawsuits. As the landscape remains uncertain, businesses and their counsel should keep themselves in the know of any emerging development in this field of law. They must also plan for effective litigation strategies to avoid mishaps.

Numerous policy changes and trends concerning wage and hour have made the landscape more complicated and challenging. Recently, the Wage and Hour Division (WHD) of the US Department of Labor (DOL) released six opinion letters which aimed to address a raft of issues under the Fair Labor and Standards Act (FLSA).

Recent and emerging developments continue to reshape the regulatory landscape of cannabis industry. On February 8, 2021, various companies and advocates founded the United States Cannabis Council (USSC) which is regarded as one of the largest cannabis unions to date.

The continuous rise of COVID-19 cases has made the product liability landscape trickier now more than ever. Current and emerging risk issues that manufacturers should monitor include novel medical product claims, indemnity disputes, and non-specialist manufacturer liabilities.

Recent developments concerning International Trade Commission (ITC) litigation and enforcement continue to shape the international trade law. With the onset of the COVID-19 pandemic, the number of new complaints filed at the ITC surged in the second half of 2020.

The number of securities lawsuits have proliferated across various industries since the onset of the COVID-19 outbreak. These filings arose from alleged concealed COVID-19 threats, misleading pandemic-related treatments and services, and inadequate disclosure of the pandemic's impact on financial operations and prospects.

The Standard Essential Patent (SEP) litigation landscape continues to evolve as years pass. Interestingly, its interplay with other legal areas presents unique challenges for businesses and patent owners.

The COVID-19 pandemic has brought an immense economic toll on businesses across the globe. Specifically, it prompted a spike in the number of lost profit damages lawsuits as businesses seek to recover lost profits because of pandemic-related damages. However, although there are various damage calculation theories available, pandemic-related lost profit claims can be taxing and challenging. Thus, businesses and their counsel must always exercise diligence in documenting their revenues and profits. They must also be abreast of emerging regulatory developments to avoid pitfalls.

Commercial litigation is among the many areas of law affected by the impact of the COVID-19 pandemic, which resulted in several case delays and significant business litigation proceeding restrictions. Furthermore, the currently implemented remote hearings also add a great deal of uncertainty and this will likely continue for a period of time as in-person arrangements are not possible yet. These issues bring further complexities and challenges in the determination of proceedings and trials, thus creating a crucial need to be conversant with the nuances of the situation and other updates.