概要：This last installment of the three-part series on litigation 和 新冠肺炎, covering risks, mitigation, 和 disputes, identifies key actions to consider in the 事件 of litigation or a litigation-precipitating 事件, such as confirmation of 新冠肺炎 on the premises.
As the 新冠肺炎 pandemic continues, businesses should consider developing an action plan in the 事件 of litigation or a 新冠肺炎 related litigation-precipitating 事件. As businesses slowly re-open, the potential for litigation persists 和 businesses should be prepared to 地址 potential litigation flowing from the new risks presented by 新冠肺炎.
This is the third blog post in a three-part series on litigation 和 新冠肺炎, covering risks, mitigation, 和 disputes. While we have previously written 关于 the 企业可能面临的风险 and 企业可以利用的缓解步骤, this last installment identifies key actions to consider in the 事件 of litigation or a litigation-precipitating 事件, such as confirmation of 新冠肺炎 on the premises.
In the 事件 of a 新冠肺炎 related crisis, consider the following:
通知您的保险公司： Ensure you have a complete 和 current copy of your insurance policies, 和 consider retaining counsel to review your policies in light of current 新冠肺炎 related risks. Your insurance broker can provide you with full copies of your policies 和 provide information on additional coverage that you may want to consider, including insurance for your company’s directors 和 officers. You should be aware of, 和 comply with, any obligations of the insured in your policies. If you become aware of a litigation-precipitating 事件 or a claim, you should notify your insurer immediately, including to avoid any suggestion by your insurer that coverage has been voided by reason of delay of notice.
避免创建灾难性电子邮件： Schedule a meeting with your team to discuss any sensitivities regarding written communications. To the extent your team members have questions regarding the management of litigation or a litigation-precipitating 事件, encourage verbal discussions instead of 电子邮件 correspondence. Alternatively, make sure legal counsel is involved early in order to increase the likelihood that such communications are privileged.
识别，定位和保存记录： Records that are relevant to the litigation or a litigation-precipitating 事件 must be preserved. Preserving records is important, both because these records can aid in your defence 和 because even inadvertent destruction of evidence can lead to allegations of spoliation. You should be able to demonstrate diligence in identifying, locating, 和 preserving relevant records. Legal counsel can help identify which records are likely to be relevant, as well as draft 和 issue a litigation hold memorandum to particular document custodians describing which records should be preserved in anticipation of, or in preparation for, litigation.
As the challenges facing businesses evolve 和 governments continue to issue 新冠肺炎 specific regulatory obligations 和 best practice guidance, litigation-precipitating 事件s related to 新冠肺炎 will be an ongoing issue. Businesses should take steps to mitigate their risks 和 have a plan to 地址 these precipitating 事件s before litigation is formally commenced. Engaging legal counsel 和 experts prior to litigation being commenced can aid businesses in proactively 和 pre-emptively knowing 和 satisfying their legal obligations, which can in turn be less expensive 和 time-consuming than defending an action, 和 help protect your business’ reputation.