Across practice groups, we handle cases with key disaster preparedness, response, and recovery elements. Our services are highlighted below.
Preparedness
Business Continuity Planning and Disaster/Emergency Preparedness
- Data protection and recovery
- Employee assistance and labor
- General business preparedness
- Insurance coverage that contemplates disaster, terrorism, or pandemic
- Review and negotiate contractual undertakings including casualty, force majeure, and penalty/delay clause provisions in leases, construction contracts, service, and supply agreements
Contract Drafting
- Negotiate and draft contracts that require awareness of hurricane or regional disaster threat, including construction contracts, agricultural and other supply agreements, commercial leases, and resort or convention contracts
- Review and revise clients’ standardized contracts and leasing forms to focus on disaster-related issues including the interplay of force majeure clauses, casualty clauses, repair and maintenance obligations, termination/delay/default provisions, and insurance coverage obligations
- Draft and evaluate agricultural and other supply agreements governed by the Uniform Commercial Code and common law, particularly in the context of non-performance resulting from catastrophic conditions
Data Protection, Preservation, and Data Privacy Requirements
- Create policies and procedures to protect the availability and integrity of data in the event of disaster
- Analyze existing information technology infrastructure to assess risk and ensure adequate data retention and protection
- Prepare agreements that protect the privacy and security of shared information and comply with federal and state law regarding data privacy and safety, including the Gramm-Leach-Bliley Act and the privacy and security regulations promulgated pursuant to HIPAA
- Advise clients under investigation by federal and state authorities for the alleged violation of privacy and security laws
Employer/Labor Issues
- Prepare employment manuals and policies that address paid and unpaid leave following regional disasters
- Leave of absence rights and obligation issues, such as those related to federal law including FMLA and the WARN Act
- Advise contractors who potentially deal with FEMA, including those involved in construction and disaster cleanup, regarding obligations of federal contractors, compliance with EEO policies, and Davis Bacon Act requirements or waivers
- OSHA requirements for hurricane cleanup/construction work or waivers of standards
- Unionized labor issues such as wages in the event of regional disaster
- Requirements concerning payment of wages in the event of regional disaster
- Preserve employer personnel records, address worker telecommuting issues, and advise on hiring temporary workers to comply with Immigration Control and Reform Act
- Help employers develop and implement employee assistance programs to address employee needs following regional disaster
Hospitality Industry: Convention and Resort Reservation Agreements
- Negotiate force majeure/cancellation provisions in hotel, conference, and resort contracts to provide cancellation mechanisms and allocate risk in the event of threatened or actual storms
Insurance Coverage Advice
- Evaluate and help clients select property damage and business interruption coverages
Response, Recovery, And Claims Management
Bankruptcy: Creditor/Debtors Rights
- Represent clients in reorganizations and workouts
- Commercial Landlord/Tenant Disputes Arising Out of Regional Disaster
- Review and revise standardized contracts and leasing forms to focus on disaster-related issues (e.g., the interplay of force majeure clauses, casualty clauses, repair and maintenance obligations, termination/delay/default provisions, and insurance coverage obligations)
Construction Defects
- Represent contractors, subcontractors, suppliers, sureties, architects, engineers, and private owners regarding virtually all aspects of construction or design defect claims, including contract and surety disputes, lien foreclosures, and insurance coverage issues
- Prosecute or defend claims through every level of litigation
Consumer Protection/Price Gouging
- Represent businesses and individuals under investigation for price gouging, those facing formal price gouging complaints, and victims of price gouging
- Counsel and advise business clients on complying with Florida’s price gouging law and avoiding scrutiny by the Florida Attorney General’s Office
- During hurricanes, advise and counsel businesses on how to price goods and services to conform to Florida's price gouging law
Contract/Business Disputes Arising From Regional Disaster
- Prosecute and defend actions arising out of failure of performance resulting from casualty or regional disaster, including construction defect claims
Data Recovery Following Loss Due to Theft, Terrorism, or Natural Disaster
- Prepare letters to individuals whose data has been lost or stolen
- Work with Federal Trade Commission and Social Security Administration concerning lost and stolen data
- Coordinate credit monitoring and other services from the "Big Three" credit reporting agencies
- Particularly experienced with HIPAA regulations’ data protection and emergency response provisions as applied to hospital and medical facilities
Emergency Response Services and Contractors
- Represent contractors that specialize in remediation, and fire and flood restoration, as well as customers
- Adjust claims with insurance carriers and resolve contractor-customer disputes, including those regarding insurance coverage claims for defective work
Energy/Utility Issues
- Represent utility companies regarding claims for FEMA reimbursement for utility costs
Environmental Impact: Disaster Related Enforcement Actions, Emergency Permits, Orders, and Penalties
- Defend clients against federal, state, and local agency claims that allege permit or regulatory violations arising from casualty or regional disaster (including interpretation of force majeure and “upset” provisions of applicable permit provisions and law)
- Help clients obtain regulatory exemptions or waivers, including emergency orders and authorizations, following casualty or regional disaster
FEMA-Related
- Represent local governments and individuals in negotiations with FEMA over flood insurance coverage issues
- Address issues related to the Stafford Act, under which public entities can seek reimbursement, the SBA loan Fund, and other business recovery matters
- Assist local non-profit organizations with formation of regional umbrella organizations to facilitate efficient and coordinated emergency response and distribution of donated goods and services consistent with FEMA requirements
- Represent utility companies regarding claims for FEMA reimbursement for utility costs
Insurance Coverage Disputes
- Denial of coverage/interpretation of policy exclusions
- Delay of claim adjustment and "market conduct" violations
- Claims against insurance brokers and agents for failure to obtain proper hazard coverage in policies purchased by their customers
- Claims of misrepresentation against insurers who sell through employee agents
Local Government Issues
- Assist public entities with claims for reimbursement under the Stafford Act
Mold Assessment and Remediation
- Handle mold insurance coverage disputes and contract actions
- Help clients engage professionals to assess and remediate mold contamination, including situations involving asbestos containing building materials