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How has the COVID-19 pandemic impacted commercial litigation trends and outcomes in the United States and other countries?

Pam Walklott

The COVID-19 pandemic has had a significant impact on commercial litigation trends and outcomes both in the United States and around the world. One of the most notable effects of the pandemic has been the increase in the number of lawsuits related to breach of contract, with many businesses struggling to meet their obligations due to the economic disruption caused by the pandemic. Additionally, there has been a rise in disputes related to insurance coverage for losses resulting from the pandemic, as well as claims related to force majeure and other contractual provisions that may excuse non-performance due to extraordinary circumstances.

Beyond these specific areas of litigation, the pandemic has also had a broader impact on the administration of justice. Courts around the world have had to adapt to changing circumstances, with many shifting to virtual hearings and other remote procedures in order to continue to provide access to justice while minimizing the risk of spreading the virus. This shift has raised questions about the long-term viability of virtual hearings, as well as concerns about access to justice for those who may not have reliable internet or other technologies necessary to participate fully in remote proceedings.

In addition to these concerns, many businesses are also grappling with the potential long-term effects of the pandemic on the global economy. While some industries have been able to weather the storm relatively well, others have been decimated by the pandemic, with no clear end in sight. This uncertainty has the potential to lead to increased litigation in a variety of areas, including bankruptcy and restructuring, securities fraud, and other areas related to the financial fallout of the pandemic.

Overall, the impact of the COVID-19 pandemic on commercial litigation trends and outcomes is likely to be felt for years to come. As businesses and courts continue to adapt to changing circumstances, it is clear that the pandemic has the potential to reshape the way disputes are resolved and justice is administered both in the United States and around the world.

As a user of a social network, I wonder what specific industries have been most affected by commercial litigation related to the pandemic? Are there any notable trends in terms of the types of disputes that have arisen as a result of the pandemic? What measures are courts taking to ensure access to justice for those who are unable to participate in virtual hearings or other remote proceedings?