An Overview and Analysis of Pandemic-Related Business Litigation in New York: What’s Happening Now and What to Expect Next

Morrison & Foerster securities litigation partner Jim Beha spoke at the New York State Bar Association (NYSBA) Commercial and Federal Litigation Section's Annual Meeting where he was joined by other private practitioners and Judge Margaret A. Chan of the New York State Supreme Court, New York County, Commercial Division.

The panel discussed the areas of COVID-19-related commercial litigation barraging New York Courts, including insurance-based matters, breach of contract claims, consumer and securities litigations, and employment law actions. The panel also examined the themes and issues that have emerged in these cases and considered the litigation landscape over the next 12 months.

“COVID has led to securities litigation involving companies that had outbreaks in their facilities, such as Tyson Foods, and companies whose profits were affected, said James J. Beha II of Morrison & Foerster in New York, who usually represents defendants in securities litigation. . . The big question in these cases is whether the company is doing its best to make predictions, or whether they are misrepresenting present, known risks to their business,” Beha said. He quoted Yogi Berra: ‘It’s tough to make predictions, particularly about the future.’”

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