Monthly Archives

May 2020

Virtual Arbitrations/Trials — Should You Use An Expanded Witness Oath?

For arbitrations and trials that are pending and/or are scheduled for the near term, the judges/arbitrators/counsel/parties are now confronting the decision on whether to proceed forward with conducting the proceedings remotely.  If they decide to proceed forward, there will naturally be some reluctance to proceed forward.  The reluctance is because it is new and unfamiliar.  It is because there is a sense that it may be more challenging to evaluate a witness’ credibility and veracity.

There are also technological concerns of virtual hearings — both as to functionality (testing the video/audio connection) and the integrity of the testimony.  In this post, I am sharing a contribution from my Pierce Atwood law partner John Bulman, FCIArb who regularly serves as an arbitrator handling construction and commercial cases domestically and internationally.  In his post below, John addresses specifically the issue of additional measures that should be considered by arbitrators, attorneys, and witnesses to ensure the integrity of the virtual arbitration process.

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Construction Shutdown is Lifted in Massachusetts

Practice area:

Non-essential private construction projects were suspended on March 31, 2020 in Massachusetts.  That suspension has been in place for the construction industry until today — May 18, 2020.

As part of the first phase of the Four-Phase Approach to Reopening Massachusetts, Governor Baker announced that the construction industry may commence work provided the mandatory safety standards and protocols can be followed.  See Report from the Reopening Committee.  Before a project may reopen, each business must have a COVID-19 Control Plan in place and posting of posters.

Three resource documents were distributed

The safety standards include social distancing (crews 6 feet apart at all times) and no meetings of more than 10 people.  Where social distancing is not possible, PPE (face covering, gloves, and eye protection) must be used.