Coronavirus: Resources and Rapid Response Task Force

Another court—this time, the Superior Court of the District of Columbia—has ruled that economic losses due to governmental closure orders issued in response to the COVID-19 pandemic do not constitute “direct physical loss,” and thus, are not covered under commercial property policies. The order, issued in Rose’s 1, LLC v. Erie Insurance Exchange, follows on the heels of a ruling issued in Michigan.

Read the full alert here.

New York nursing homes and health care providers are now susceptible to lawsuits and criminal prosecutions for care provided to patients and residents that are not being treated for COVID-19.

New York Governor Andrew Cuomo has signed legislation revising the state’s Emergency Disaster Treatment Protection Act, which had provided legal immunity to health care and long-term care companies and professionals.

Read the full alert here.

In a decision with far-reaching implications, U.S. District Judge J. Paul Oetken in the U.S. District Court for the Southern District of New York sided with the State of New York in striking down a U.S. Department of Labor (DOL) Final Rule limiting the circumstances under which employees can gain access to sick leave and emergency family leave benefits during the COVID-19 pandemic.

Read the full alert here.

On July 24, 2020, Connecticut Governor Ned Lamont signed Executive Order 7JJJ, which creates a rebuttable presumption that a COVID-19 diagnosis arises out of and in the course of employment for workers in certain circumstances. As in other states that have created similar rebuttable presumptions, either by executive order or statute, the Connecticut rule applies to workers’ compensation claims by “essential” workers employed in one of the state’s 16 Critical Infrastructure Sectors as defined by the Connecticut Department of Economic and Community Development (DECD).

Read the full alert here.

This webinar will discuss OSHA’s current enforcement efforts relating to COVID-19, covering what employers need to know to protect their workers and how to defend against employee complaints and OSHA rapid response investigations. In addition, Michael Rubin, Thomas More Buckley, and Justin D. Kaplan will focus on the importance of creating COVID-19 exposure control and response plans and the latest guidance and best practices relating to PPE and other hazardous control measures.

Learn more and register here.

Attorneys and professionals across our 22-office, 11-state domestic footprint spend each day advising clients in a variety of industries on evolving legal and regulatory matters related to the coronavirus pandemic. These attorneys—comprising our national Coronavirus Rapid Response Task Force—collaboratively advise clients on the most critical questions that face them today, from employment and labor matters to fast-evolving regulatory concerns and unanticipated liability claims and business litigation.

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Our Coronavirus Employment and Labor Rapid Response Team exists to handle all of the most pressing issues facing employers in the unprecedented business environment created by the coronavirus pandemic. Led by senior attorneys from our Employment and Labor practice, this group provides daily counsel to a diverse client community on issues including workplace safety, changes to employment policies, interpretation of new state and federal laws and guidance, labor issues, layoffs and staff reductions, the defense of employment-related claims, and strategic communications to internal and external stakeholders.

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Goldberg Segalla’s Global Insurance Services practice—home to one of the largest collection of senior insurance coverage attorneys in the nation—serves multiple leading insurers on national and regional coronavirus coverage panels. Our dedicated Coronavirus Coverage Team includes many senior coverage partners across our national footprint, allowing us to coordinate and ensure consistency in our approach to coronavirus claims, while avoiding taking any position in one claim or in one jurisdiction that could disadvantage a client in another.

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Goldberg Segalla has been on the forefront of the evolving coronavirus global health crisis, advising our clients through alerts and presentations as well as the broader legal, insurance, and business communities through publications in major outlets.

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