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ARTICLE · 28 MAY 2020

Changes To Litigation Risk In A New Economic Environment

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It is not only that new types of legal disputes are emerging. More fundamentally, the economic and strategic considerations affecting organizations' litigation decisions are shifting.

CanadaLitigation, Mediation & Arbitration
David Outerbridge
David Outerbridge
Sylvie Rodrigue
Sylvie Rodrigue
David Wawro
David Wawro
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COVID-19 has dramatically altered the litigation landscape.

It is not only that new types of legal disputes are emerging. More fundamentally, the economic and strategic considerations affecting organizations' litigation decisions are shifting. This article examines that shift, and explores some key resulting consequences for organizations going forward as they conduct litigation in the pandemic environment.

The changed litigation landscape

The pandemic has substantially reduced economic activity and liquidity, while simultaneously heightening health and safety risks in every facet of our world. These two phenomena have triggered crisis decision-making across all segments of society, affecting every industry and every person. The result has been widespread disruption, harm and loss. The financial loss is being borne only partially by governments, despite unprecedented publicly-funded emergency economic relief.

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