Bylined article by Tax Transactions & Consulting partners Zal Kumar and Leah Robinson; as well as Litigation & Dispute Resolution partner Daniel Stein (all New York).
There is a "gray area" between business realities, legal protection and compliance, and that gray area is where most businesses operate. Keeping the company out of trouble is a good first step. Keeping an expert's advice confidential is a problem most litigators face sooner or later, and when it happens their familiarity with the rules governing fact discovery won't be of much use. Climate change litigation in Europe is following a pattern that should be familiar to anyone who followed U.S. tobacco litigation. Mediating via video is a skill that more attorneys will have to become adept at. There seems to be widespread agreement that the pre-pandemic status quo of face-to-face litigation and mediation is unlikely to return.
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