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Overview The Alien Tort Statute (“ATS”) has been the subject of several US Supreme Court decisions over the past decade.   To summarize its long and complicated past, the ATS is a statute that gives US federal courts jurisdiction to hear lawsuits filed by non-US citizens for torts committed in violation…

In light of the global pandemic, governments across the globe are faced with urgent needs whose immediate coverage is a matter of life and death. Hence, these unusual and uncertain times call for rare and exceptional measures, and without much ado, governments around the globe have provided them. Common to all approaches is the will to enable public contractors to procure the urgently needed supplies to save lives and contain the pandemic without major bureaucratic hurdles.

The US legal system is not virtual. As the Supreme Court has stated, the right to in-person confrontation has “a lineage that traces back to the beginnings of Western legal culture.” Reminders of the importance of physical presence in the courtroom are everywhere: the Constitution guarantees the right to trial by jury, the Supreme Court has held that there is a qualified First Amendment right to attend court proceedings, and out-of-court statements are generally inadmissible. These are only a few examples. But what happens when these important rights collide with equally important public health considerations? Are virtual solutions legally permissible/technically possible/strategically desirable? Will today’s temporary work-arounds become tomorrow’s best practices? Is remote litigation the wave of the future? What risks and opportunities does it present?