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Law Firms


McGuireWoods LLP Chairman Jonathan P. Harmon anticipates an increase in pandemic-related bankruptcy cases and litigation.


also civil rights cases related to matters such as mandated business closures and “cases that are challenging different measures related to voting. I expect that category will heat up as we get closer to the election.” There are also unlawful termination


cases filed by employees who say they were wrongfully let go after complaining about COVID-19 policies, as well as consumer cases. “There are a lot of class actions against universities for failing to give refunds when they switched to online education,” Kracht says. Harmon with McGuireWoods


foresees a big increase in pandemic-related bankruptcy cases, especially in such hard- hit industries as travel, retail and health care. He also anticipates employment and labor lawsuits as well as class action litiga- tion relating to the Coronavirus Aid, Relief, and Economic Security (CARES) Act. “Unfortunately I think there’s going to


be more claims against financial advisers, wealth managers,” he adds. Monday predicts an uptick in white- collar criminal cases such as price gouging


46 | SEPTEMBER 2020


as a result of the pandemic. She also expects more higher education cases as universities and colleges try to bring students and employees back to campus. Troutman Pepper set up a COVID-19


resource center that is generating business for its attorneys not only in litigation, but in tax, real estate, construction cybersecu- rity and government regulation, Smith says. “We may well see COVID-specific


but also COVID-related work across all practice,” he says. “I’m an environmental lawyer and I saw a lot of work at the beginning of the pandemic. People were bringing new products to market. We have a strong employment practice and those folks are very busy.” Bertini has begun to see new


employment cases, particularly related to the Americans with Disabilities Act.


“Employers are worried about liability. They don’t want employees getting sick. They want to make a profit and pay people. Doctors, nurses, medical assistants feel they are really stuck. They are not pro- vided with the same rights as nonmedical


personnel under [the Family Medical Leave Act],” she says. “I don’t have answers for these people. There’s no precedent in this area.” Adding to all the changes brought


about by the pandemic, the General Assembly passed new laws this year that increased protections for LGBTQ people and expanded protections for employees who engage in certain whistleblowing activities. “I think we’ll see more whistleblowers


cases. That makes employers nervous,” Bertini says.


Technology to the rescue Throughout the lockdown, technology


— well-funded technology — has come to rescue of law firms. McGuireWoods “spent a lot of money


on technology. It’s been fairly seamless” making the transition to remote work, Harmon says. The firm had some logistical concerns, such as how to effectively cross- examine key witnesses during remote depositions, but “we’ve been surprised by


Photo courtesy McGuireWoods LLP


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