Milbank Litigation & Arbitration partners Thomas Arena and Sean Murphy were recently quoted in The National Law Journal article titled “In Their Words: How Lawyers are Handling Virtual Trials,” which discusses how lawyers across the country are adapting their trial strategies to a virtual format in light of the global COVID-19 pandemic.
Following a recent virtual bench trial victory on behalf of client Putnam Investments Company LLC, Mr. Arena and Mr. Murphy recounted their experience. The Putnam matter was one of the first remote bench trials, if not the first, conducted in the US in complex commercial litigation. Two key points they highlighted were the challenges of preparing witnesses for testimony remotely and the “enormous amount of technological preparation” required for the trial itself.
Describing why virtual jury trials may not be sustainable in the post-pandemic future, they explained: “District judges are the face of the court. In a live, in-person trial, members of the public can walk into the courthouse and watch the entire proceeding in person. In a virtual trial, members of the public were able to dial in and hear the proceedings, but they could not see the court, the witnesses, the lawyers or the documentary evidence.”
