Client Alert: “Is the Future of the Civil Trial Hybrid? Federal Rules Committee Considering Amendments to FRCP 43″ by Katherine Charonko and Allison Bruff

Future amendments to the Federal Rules of Civil Procedure may make it easier to use remote witness testimony in federal civil trials. The Advisory Committee in charge of proposing Civil Rules amendments recently signaled that we are headed in that direction.

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Bailey Glasser litigators Katherine Charonko and Allison Bruff authored a new client alert: “Is the Future of the Civil Trial Hybrid? Federal Rules Committee Considering Amendments to FRCP 43.”

The alert explores how potential amendments to the Federal Rules of Civil Procedure could make it easier to use remote witness testimony in federal civil trials. The Advisory Committee has signaled that we may be moving in that direction.

Read more here: https://www.baileyglasser.com/news-client-alert-future-of-civil-trial-hybrid-frcp-43-amendments

Katherine Charonko is a thought leader and pioneer in the field of Electronically Stored Information (ESI) and is Bailey Glasser’s ESI and Technology Practice Group Leader. Learn more about Kate at this link.

Allison A. Bruff is a lawyer based in Bailey Glasser’s Washington, D.C. office and works in the firm’s Consumer Litigation Practice Group. Before joining Bailey Glasser, Allison served as counsel to the Judicial Conference’s Advisory Committees on the Federal Rules of Civil and Criminal Procedure, advising judiciary officers and employees on matters of practice and procedure. Learn more about Allison here.

Katherine E. Charonko, Practice Group Leader of Bailey Glasser’s Electronically Stored Information & Technology Practice Group, published a guest column in California’s Daily Journal entitled: “From Code to Canvas: The Intellectual Property Debate in Generative AI Creations.” Her co-author is Daniel B. Garrie, a neutral at JAMS and serves as an arbitrator, mediator, and special master or court appointed neutral who is also an authority in cybersecurity, data privacy, e-discovery and intellectual property.

In this insightful piece, the authors address numerous issues involving the use of generative AI, including ownership, ethics, copyright laws, and even what constitutes creativity in this new world.

Read it here.

Mark Boyko Named to Legal 500 Elite List in Missouri

Mark Boyko represents clients in actions brought under the Employee Retirement Income Security Act of 1974 (ERISA). He has secured judgments and settlements in this area exceeding $500 million.

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Partner Mark Boyko was selected for inclusion in the inaugural Legal 500 list of Elite Missouri lawyers in the area of Commercial Disputes.

Mark Boyko represents clients in actions brought under the Employee Retirement Income Security Act of 1974 (ERISA). He has secured judgments and settlements in this area exceeding $500 million and handled successful appeals in federal circuit courts as well as the Supreme Court of the United States. Mark is a pioneer in ERISA class action litigation, representing workers and retirees in many of the earliest cases in his field.

In addition to his elite litigation practice, Mark is an elected member of the Missouri House of Representatives for District 90 where he is working on supporting healthcare, public education, jobs, and protecting the environment.

Mark is frequently asked to comment on litigation matters in the ERISA and ESOP space, including in Law360 and Bloomberg Law.

To view the entire list of lawyers chosen for this inaugural Missouri Elites list, please visit this link.

Founded in 1987, Legal 500 is a data-driven, AI-optimized research platform that benchmarks legal service providers in more than 100 countries. The newly launched Legal 500 US Elite guide expands the publication’s focus beyond elite national and global firms to spotlight attorneys in key U.S. cities who are market leaders. Selection is based on in-depth interviews with leading practitioners, feedback from referees and peers, and evidence of significant matters handled over the past year.

Bailey Glasser partner Christopher Smith was quoted in a New York Times article titled “West Virginia’s School Vaccination Law Has Been Effective. That May Change.”

The article discusses ongoing litigation in West Virginia concerning the state’s 80-year-old mandatory vaccination statute, which requires all students to be vaccinated in order to attend public schools. West Virginia allows medical exemptions to the vaccine requirements for students whose health would be compromised by vaccines, like immunocompromised students. It is the only state which has never allowed religious exemptions. Alone among its surrounding states, West Virginia has not had a measles outbreak in over two decades.

The recent controversy emerged following an executive order by the state’s governor, which purports to permit religious exemptions as implemented by the state’s Department of Health, contrary to the vaccine law, which is implemented by the West Virginia State School Board. Multiple lawsuits have been filed in different counties, some challenging the Governor’s Executive order, some challenging the Board of Education’s refusal to accept religious exemptions.

Bailey Glasser represents the West Virginia Board of Education, which has followed the mandatory vaccine law in order to protect the health and welfare of all the children in the school system, as well as those who work in the system and the families and communities where they live. Mr. Smith appeared before a Circuit Court in Raleigh County, West Virginia arguing on behalf of the West Virginia Board of Education.

In addition to Mr. Smith, Bailey Glasser lawyers involved in this litigation include founding partner Benjamin Bailey and associate Denali Hedrick.

To read the entire article here (gift link): https://ow.ly/ows950XiuoO

Michael Hawthorne Co-Chairs Attorneys for Family-Held Enterprises Fall Conference

Michael is a former Chair & President of the AFHE and is a current member of its Board of Directors. The AFHE is a leading resource for the ongoing advancement, collaboration, and education of practicing attorneys and other professionals providing multi-disciplinary counsel to family-held enterprises.

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Michael Hawthorne is Co-Chairing the Attorneys for Family-Held Enterprises (AFHE) Fall Conference taking place at the Omni Amelia Island Resort & Spa, where he’ll also be presenting daily conference opening remarks alongside AFHE President Laura Wartner and Conference Co-Chair Peter Dougherty. Michael is a former Chair & President of the AFHE and is a current member of its Board of Directors. The AFHE is a leading resource for the ongoing advancement, collaboration, and education of practicing attorneys and other professionals providing multi-disciplinary counsel to family-held enterprises.

Michael is a partner in Bailey Glasser’s Corporate Practice Group who works across a wide range of industries, including technology, logistics, motion pictures, telecommunications, ticketing, manufacturing, natural resources, health care, energy, restaurant, real estate, financial industry, lending, and broker dealers. He represents many family-owned businesses and works collaboratively with their advisors to provide cross-disciplinary approaches that address issues that are unique to these clients, such as succession planning, trusts and estate preparation, and balancing the needs of multiple generations and other family members.

Learn more about Michael: https://ow.ly/o6qA50XazIZ

For more on this week’s AFHE conference and to register: https://ow.ly/HGqH50XazIW