LAW
Managing Risk and Avoiding
Liability During COVID‐19
Judging from the serious health consequences of COVID‐19, legal issues could add to the pain already
affecting businesses and their bottom lines.
Compiled by Miles Z. Epstein
Editor, COMMERCE
The COVID‐19 pandemic is fraught with
risk—health-related risks, economic perils
and legal actions. Companies need to address
these risks—and limiting liability must be
part of their strategies for reopening and staying
away from unnecessary lawsuits, COMMERCE
asked New Jersey’s top law firms how to manage
risk and avoid liability during the COVID‐19 crisis.
Brach Eichler LLC
By John D. Fanburg, Esq.,
Managing Member;
Chair, Healthcare Law;
Co-Chair, Cannabis Law
As business and medical offices
in New Jersey begin to open
up again, we are counseling our clients that,
above all, they must protect the health of staff
and patients by following the strict guidelines
being set forth by the CDC and OSHA, as well as
the Department of Health and the Department
of Community Affairs. In buildings where the
business or practice is a tenant, management
needs to ensure that the landlord is also following
the same guidelines. This pandemic is uncharted
territory for all and, as such, employers
should move slowly at the outset to bring people
back. Consider staggered work schedules to
reduce the number of people in the office at any
one time and give employees ample opportunity
to become familiar with the new protocols
that need to be followed. And importantly, be
patient with those employees that are skittish
about returning. Allow them time to see how
the office is running and to become comfortable
with the new normal.
Chiesa Shahinian &
Giantomasi PC
By Christopher R. Paldino, Esq.,
Member, Litigation Group
As we have seen, each week seems
to bring new information and
understanding of the ongoing
pandemic. It is critical, therefore, that business
owners and their advisory teams make every
The lawsuits that could
arise from COVID‐19
exposure in the workplace,
or from decisions made
during the pandemic, can be
avoided or limited through
decisive actions.
the risk of COVID‐19 transmission. By taking
the time to research, document, apply, and
enforce the applicable guidelines and safety
protocols, business owners will not only take
important steps to keep their customers, employees
and visitors safe, but will also be setting
up their defenses to any potential third-party
liability claims.
Cole Schotz P.C.
By Jennifer L. Horowitz, Esq.,
Co-Chair, Corporate, Finance &
Business Transactions
For most businesses. managing
operations in the midst of the
pandemic is extremely challenging,
and in some cases, it is pandemonium,
whether due to limited resources, industry
changes, constantly evolving regulations or
otherwise. Beyond the operational challenges,
businesses should mitigate risks, including by
being sure they are in compliance with federal,
state and local regulations regarding reopening,
employee matters and operations; not in
default in any financing arrangement, complying
with restrictions in financing (including
use of Paycheck Protection funds, to preserve
forgiveness) as well as exploring expansion or
modification of financing, as may be needed;
reviewing contracts and commitments (such
as client and supplier purchase orders, terms
Continued On Page 18
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effort to continuously review, implement, and
enforce the guidelines and/or requirements
published by the Centers for Disease Control
and Prevention, Occupational Safety and
Health Administration, World Health Organization,
industry-specific publications and state,
county and/or local governments to ensure that
they are complying with the then-current “stateof-the-art”
guidance. In addition, business owners
are encouraged to document their research
and enforcement efforts. By contemporaneously
documenting the plans that they have implemented,
the basis for those plans and the steps
they took to communicate and enforce those
plans, business owners will put themselves in
a better position to defend against claims that
they failed to reasonably prevent or minimize
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