Herschlein Quoted in Law360 on New York Remote Trials
James Herschlein, the co-chair of the Litigation group, was quoted in the Law360 article, “NY Mulls Codifying Power To Order Remote Commercial Trials.” The article discusses NY Commercial Division Rule 36, which was instated during the COVID-19 pandemic and allows for remote trials and hearings as long as all parties agree. Recently an amendment was proposed that would allow judges to order remote trials over a party’s objection.
Herschlein told Law360 he has litigated cases where participants challenged a remote trial and the judge’s power, but this new amendment would resolve these kinds of conflicts and is consistent with current trends allowing trial judges more discretion and utilizing newer technologies in the courtroom.
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