Catastrophe Planning & Response

Catastrophe Planning & Response

StayLaw Catastrophe Planning & Response Group is a multidisciplinary, collaborative team drawn from StayLaw offices around the country. We help clients proactively identify and prepare for the legal issues likely to arise in the event of a catastrophe and assist in implementing planning measures in key operational areas to help preserve life, property and business interests, and to minimize exposure to future legal liability. In addition, we serve as a response team to assist clients in managing their legal issues in the aftermath of a natural disaster or catastrophic event, be it a storm, fire, flood, act of terrorism or other incident.

Following such an event, business and property owners will confront a host of legal and non-legal issues, perhaps for the first time. They will be forced to make decisions on short notice and under difficult circumstances. Being prepared for those issues and their legal implications makes good business sense – and will make responding to a crisis more manageable, while limiting potential future liability.
Building & Life Safety Codes and Americans with Disabilities Act

* Perform pre-catastrophe analysis of changes in building codes and nonconformities that could impact rebuilding and implement code reform, if appropriate
* Assist with planning and permitting back-up power and other temporary services
* Provide guidance on code interpretation issues and issues that arise with unavailability of materials that meet code specifications
* Handle a wide range of other related issues as they arise

Business Continuity

* Advise on pre-catastrophe business continuity planning
* Address post-event business continuity and bankruptcy issues

Computer/Data Security

* Perform pre-catastrophe review of data security and document back-up plans for adequacy and compliance with applicable requirements
* Advise on data and security breach issues

Construction

* Negotiate, draft and interpret construction and architectural contracts
* Provide counsel on debris removal issues and securing of the workplace/building
* Defend against construction defects claims

Insurance

* Assist policyholders by performing pre-catastrophe insurance policy review to structure insurance programs for adequate protection of property, liability and business interruption interests
* Implement claims strategies to help policyholders preserve their rights and maximize recovery after a loss

Employment

* Perform pre-catastrophe review of human resources policies; draft and help implement specific policies pertaining to disasters
* Advise on compensation and benefit issues while business is interrupted
* Provide guidance on termination/hiring issues, temporary labor issues and issues with providing temporary housing and other assistance to employees

Environmental

* Perform pre-catastrophe review of hazardous material plans and policies for compliance with regulatory requirements
* Provide guidance on mold prevention planning
* Provide counsel on safe workplace, containment and toxic exposure issues post-event
* Help secure local, state and federal regulatory permits for rebuilding
* Respond to toxic and hazardous material releases and exposures

Governmental Affairs and Regulatory

* Perform pre-catastrophe industry-specific regulatory compliance review
* Advise on grant procurement for terrorism response and other targeted planning efforts
* Represent clients in local, state and federal lobbying and procurement for rebuilding efforts
* Assist with FEMA issues

Landlord/Tenant

* Perform pre-catastrophe review of leases for adequacy of provisions regarding such matters as rent abatement, relocation, termination and insurance responsibilities
* Advise on post-event lease termination and relocation issues for landlords and tenants
* Negotiate leases for temporary space and advise on landlord/tenant insurance issues

Litigation

* Represent clients in general litigation involving virtually all types of post-disaster issues

Real Estate Operations

* Advise on legal aspects of building and site security plans
* Address post-event tenant and employee access issues

Zoning & Land Use

* Perform pre-catastrophe zoning review and analysis of nonconformities that could impact right to rebuild
* Advise on and implement pre-catastrophe code amendments or variances to secure right to rebuild
* Secure expedited development approvals post-disaster