Capabilities / COVID-19

COVID-19 Legal Response Team

Helping Businesses Handle the Crisis Today And Down the Line

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Now more than ever, clients need answers. Not theories, ideas or abstractions, or more panic — answers. Nobody has ever encountered anything like the COVID-19 pandemic, and its effects on everything from the businesses in which we work, the schools our children attend, to simply shopping for groceries. In this volatile, uncertain environment, there is no substitute for concrete, actionable thinking and clear direction. This has been our approach to the practice of law for over a century, and is not stopping anytime soon.

When the question is “What should I do?” our COVID-19 response team will provide interdisciplinary guidance and practical solutions on a how to approach the challenges that lie ahead:

As COVID-19 continues to spread across the U.S., property owners, developers, and landlords, in particular, are confronted with a number of questions on balancing the safety of their tenants with the needs of their companies’ bottom line. Specifically:

  • Are landlords liable for any tenants that contract COVID-19?
  • What responsibilities do landlords have towards tenants not infected with COVID-19?
  • What obligations do landlords have to members of the public who enter their buildings who may be infected and expose others to infection?
  • Can any of these liabilities be waived? Is indemnification a remedy?

Our experienced real estate attorneys can assist landlords in assessing their exposure to these issues under leases, contracts and related rules regarding their tenants/properties. We can work to prepare additional procedures for tenants, develop indemnification provisions for landlords regarding exposure on their premises, and identify other steps to mitigate the liability of owners resulting from this pandemic.

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With COVID-19 causing cancellations of events, school shutdowns, and limited workforce availability to fulfill supply delivery schedules, many commercial contracts are at risk.

Whether you are a large company, a small business, or somewhere in between, understanding your contract language and options is crucial to your business. Our litigators are available to help you evaluate your exposure and develop a strategy for COVID-19 claims you either are considering making, or will inevitably need to defend your company from. We can help identify contract provisions most likely affected by COVID-19, pinpoint time-sensitive considerations, analyze potential consequences posed by breach or default, and assist with communications to help you manage your liability.

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Obermayer’s health care team is monitoring key developments throughout the health care sector to advise clients on COVID-19’s impact on all regulatory matters –from guidance on HIPAA rules and compliance to transactional matters, including health benefits. Particularly with respect to health care, the situation is extremely fast-moving and changing almost hourly – additional information is forthcoming as elements of the crisis become known.

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