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ARTICLE · 12 JUNE 2020

COVID-19 And Litigation Risk: How Can Businesses Respond To Litigation Or A Litigation-Precipitating COVID-19 Event?

McCarthy Tétrault
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1. Involve counsel early, and often, to maintain privilege and reduce risk. 2. Take key steps to mitigate risk, including preserving records, interviewing witnesses, and notifying insurers.

CanadaLitigation, Mediation & Arbitration
Kara Smyth
Kara Smyth
Lyndsey Delamont
Lyndsey Delamont
Myriam Hacault
Myriam Hacault
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Takeaways

  1. Involve counsel early, and often, to maintain privilege and reduce risk.
  2. Take key steps to mitigate risk, including preserving records, interviewing witnesses, and notifying insurers.

Summary:This last installment of the three-part series on litigation and COVID-19, covering risks, mitigation, and disputes, identifies key actions to consider in the event of litigation or a litigation-precipitating event, such as confirmation of COVID-19 on the premises.

Introduction

As the COVID-19 pandemic continues, businesses should consider developing an action plan in the event of litigation or a COVID-19 related litigation-precipitating event. As businesses slowly re-open, the potential for litigation persists and businesses should be prepared to address potential litigation flowing from the new risks presented by COVID-19.

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