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Lynn Neuner Quoted in Law360 on Potential Codification of Remote Commercial Trials

10.13.22

Lynn Neuner, Global Co-Chair of the Firm’s Litigation Department, was quoted extensively in a Law360 Pulse article titled, “NY Mulls Codifying Power To Order Remote Commercial Trials.” The article detailed a proposed amendment that would change the consent requirement for remote proceedings in New York commercial courts even when litigants refuse it, in a change that could streamline trials and further enhance the state’s status as a preferred legal venue for commercial disputes. Since the height of the pandemic in 2020, several proceedings in the Commercial Division began to shift to remote proceedings and court decisions have clarified that Commercial Division judges have the authority to order virtual hearings even if parties do not consent. Lynn noted that this case law has made it “very clear to litigants that they should not bother contesting whether the Commercial Division has the authority to do this, because they do.” Lynn described the efficacy of remote trials as an additional tool to ensure cases progress in a timely manner, saying that “[t]he fact of the matter is, the technology is very good. It’s not a perfect replica of being in person. But that being said, it's pretty fair as a substitute."

To read the full article, please click here (subscription required).