Emerging Issues During Covid-19

Emerging Issues During Covid-19

On this page you will find videos, articles and other resources to help stay abreast of new issues regarding Covid-19 and the law.  Some items are available to everyone, while some are only available to KCBA members.  If you select a video that was produced by our pro bono services department, you will see language that asks if you have permission (which you do) to view and also asks that you become a volunteer within six months.  Although we are always looking for volunteers, and hope you will consider volunteering, we understand that you may not be able to do so at this time.

On-Demand Videos (CLE)

Real Property, Probate & Trust Law - PPP Loans
An overview of PPP loans with a focus on the PPP loan forgiveness process and application. Also includes a discussion of open issues and limitations that apply for forgiveness.
Eric J. Kodesch, Lane Powell, (August 2020)
1.00 Law and Legal CLE Credit

Free for KCBA Members

Business Law - Privacy Considerations During a Pandemic
A primer on how privacy regulations are impacting the progress towards COVID-19  control, and an open discussion about privacy concerns in the face of public health needs.
Zainab Hussain, PwC, (May 2020)
1.00 Law and Legal CLE Credit

Free for KCBA Members

Bar Bulletin Articles

Don’t Go Back – Washington Jails Should Permanently Adopt Practices That Led to Reductions in Populations Due to COVID-19
Our nation is struggling to address racial injustice and the public health emergency of COVID-19. Black and brown communities are disproportionately incarcerated in our jails and prisons and are also most at risk of getting sick and dying from the spread of COVID-19. Black people were 5% of state residents, but 11% of people in jail in Washington in 2015.

By Jamie Hawk – October 2020 Bar Bulletin – Read More>

COVID is Killing the Cold-Call:  My Experience at the “Zoom” University School of Law
Ask a law student to tell you a memorable story of law school, and their answer likely includes a self-deprecating tale of a mistaken answer in a crowded lecture hall followed by a cacophony of laughter. Embarrassing as that may have been, the same student likely has no regrets about the answer they gave. With a smile, they’ll tell you it’s a welcomed rite-of-passage for every student who seeks to put the letters “J.D.” next to their name. 

By Spencer C. Satin – October 2020 Bar Bulletin – Read More>

The Law Student in Your Life is Struggling (Even More So Than Usual)
The entire world, and particularly the United States, has faced unprecedented challenges since COIVD-19 began its global spread. Few people have been immune from the added stress and anxiety brought on by quarantine and this hold particularly true for law students who, in good times, suffer from abnormally high rates of depression, anxiety, and substance abuse.1

By Louisa Florio – October 2020 Bar Bulletin – Read More>

The Constitution is Not a Suicide Pact:  Quarantine, Masks and the Constitution1
As Americans, we are privileged to live in a free and open society. The Constitution guarantees our rights. However, “the Constitution is not ‘a suicide pact.’”2 Sheriffs, clergy and others claim a constitutional right to ignore stay at home orders, go unmasked, and gather in large groups. These claims are patently ridiculous. Public health is a primary reason for the formation of government. This article explores the legal basis of the government’s right to order quarantine as part of its inherent police power to act for the greater public good.

By Marc Stern – September 2020 Bar Bulletin – Read More>

Equity, Justice & Making Meaning of COVID-19
Those who work to advance equity and justice have always borne witness to and sat squarely within efforts to dismantle oppressive systems. Tragically and ironically, we are often handed the most powerful leveraging tools when the so-called “normal” status quo is disrupted in a major way. Think Hurricane Katrina; the deaths of Trayvon Martin, Tamir Rice, Michael Brown, Sandra Bland, Philando Castile, Freddie Gray, Eric Garner, Heather Heyer, and so many more; and now, COVID-19. 

By JustLead - August 2020 Bar Bulletin – Read More>

Seattle U Law Faculty Successfully Petitions Washington Supreme Court to Grant Diploma Privilege
Seattle University School of Law welcomes a recent order by the Washington Supreme Court granting a diploma privilege to all applicants currently registered to take the bar examination, which was issued after the law school’s faculty sent a letter requesting reconsideration of the issue. The text of the Court’s order referenced “extraordinary barriers” that applicants currently face, and this is the first time in the state’s history that such a privilege has been granted to aspiring attorneys, who will now be able to practice law sooner.

By David Sandler- August 2020 Bar Bulletin – Read More>

Lessons Learned About Alternative Dispute Resolution During a Pandemic
Time has blurred as we adapt our professional and personal lives to the Covid-19 pandemic. Governor Inslee’s “Stay Home, Stay Healthy” emergency order has evolved, with a likelihood that it will be continued in some form for months to come.

Civil trials have been on hold, although case schedules have not. Litigation continues, but when needed, a decision by the trial court in a civil case may not be available. Alternative dispute resolution may be more advantageous than ever, given the limited availability of trial courts to process ongoing litigation and the inevitable uncertainty of trial dates. 

By Judge Laura C. Inveen, (Ret.) - June 2020 Bar Bulletin - Read More >

COVID-19 Insurance Challenges
COVID-19 is likely to give rise to significant insured losses. It goes without saying that health coverage is implicated. Infected employees will be unable to work, either due to symptoms or to prevent spreading the disease to coworkers. Particularly in the hospitality and entertainment industries, businesses are losing money due to declining customers, either due to public fear of infection or to mandatory social distancing measures. These losses implicate coverage under health, property, and disability insurance policies.

By McKean J. Evans - May 2020 Bar Bulletin - Read More >

Unnecessary Abortion Restrictions Worsen the COVID-19 Crisis
With the rapid spread of COVID-19, state and federal health authorities are trying desperately to keep people home while they build the capacity of the healthcare system to respond to the growing number of infections. But there is one threat that health officials are ignoring: how politically motivated, medically unnecessary restrictions on access to abortion care are jeopardizing the safety of pregnant people, providers, and the public during the COVID-19 crisis.

By Kim Clark - May 2020 Bar Bulletin - Read More >

COVID-19 and What it Reveals About Disparity
(Note: This piece is adapted from an article shared on JustLead Washington’s Blog for the equity & justice community, posted March 30, 2020).

As the COVID-19 pandemic washes over us like a Tsunami, increasingly, already existing disparities in access to income stability, health care, safe shelter and other essentials have been laid bare. This is an irony, for as the “novel” virus is seen as universal, tremendous disparities are being revealed. Historic systemic oppression has made some communities more vulnerable than their more privileged counterparts; in health care terms, inequality is a comorbidity.

By Omid Bagheri - May 2020 Bar Bulletin - Read More >

Restaurant and Bar Owner Legal Restructuring Strategies During Coronavirus
Seattle was already lamenting the increasing closures of long-time restaurants three months ago.1 Now, with the one-two punch of social-distancing and obligatory closures of public places, coronavirus might just provide a knock-out blow to the restaurant and bar industry as we know it. How is what is coming next likely to shake out?

By Ben Ellison - April 2020 Bar Bulletin - Read More >