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Services Available
Bankruptcy/Creditor/Debtors Rights
Wide-spread bankruptcy and debt restructuring will necessarily follow a regional disaster of any magnitude. The firm's bankruptcy attorneys have extensive experience representing clients in reorganizations and workouts.
Business Continuity Planning and Emergency/Disaster Preparedness
Carlton Fields provides business continuity planning advice tailored to the client's industry and specific business needs, including:
- data protection and recovery issues
- employee assistance and labor issues
- general business preparedness advice
- insurance coverage advice in the context of planning for disaster, terrorism or pandemic
- review and negotiation of casualty, force majeure and penalty/delay clause provisions in leases, construction contracts, service and supply agreements and other contractual undertakings.
Commercial Landlord/Tenant Disputes in the context of regional disasters
The firm's Real Estate and Finance Practice review and revise clients' standardized contracts and leasing forms to focus on disaster-related-issues -- the interplay of force majeure clauses, casualty clauses, repair and maintenance obligations, termination/delay/default provisions, and insurance coverage obligations.
Construction Defects
Construction or design defects often are discovered as a result of storm damage. Our experience makes us uniquely qualified to aggressively prosecute or defend claims arising from storm damage, wind damage, and other catastrophic losses. We have the expertise to represent contractors, subcontractors, suppliers, sureties, architects, and engineers as well as private owners with virtually every aspect of construction or design defect claims, including contract and surety disputes, lien foreclosures, and insurance coverage issues. We are especially skilled in dispute resolution, and stand ready to prosecute or defend claims vigorously through every level of litigation.
Consumer Protection/Price Gouging
Florida has enacted a price gouging statute that prohibits individuals and businesses from charging excessively high prices after the Governor has declared a state of emergency in Florida, which usually occurs when it appears that a hurricane will make landfall. The Florida Attorney General's Office investigates price gouging complaints. The firm counsels and advises business clients on how to comply with Florida's price gouging law and how to avoid scrutiny by the Florida Attorney General's Office. During hurricanes, the firm provides advice and counsel to businesses on how to price their goods and services to conform to Florida's price gouging law. The firm represents businesses and individuals under investigation for price gouging and those who have had formal price gouging complaints filed against them. The firm also represents victims of price gouging. Carlton Fields' attorney Edward J. Page co-authored an article on price gouging in The Florida Bar Journal in 2006, entitled "Price Gouging 101: A Call to Florida Lawmakers to Perfect Florida's Price Gouging Law."
Contract/Business disputes arising in the context of regional disaster: (including General Commercial, Construction, Hospitality and Agricultural Supply)
Carlton Fields attorneys prosecute and defend actions arising out of failure of performance resulting from casualty or regional disaster, including construction defect claims.
Contract Drafting with the Catastrophic Loss in Mind: Force Majeure, Delay, Penalty and Termination Provisions
- The firm's lawyers can assist clients with negotiation and drafting of contacts where sensitivity to hurricane or regional disaster may be particularly important, for example, in the context of construction contracts, agricultural and other supply agreements, commercial leases, and resort or convention contracts.
- Members of the firm's Construction Practice Group have written extensively on risk allocation using force majeure clauses in construction contracts to address issues such as delay damages, increased cost of construction materials, increased cost of performance due to changes in regulatory framework, etc.
- The firm's Real Estate and Finance Practice review and revise clients' standardized contracts and leasing forms to focus on disaster-related-issues - the interplay of force majeure clauses, casualty clauses, repair and maintenance obligations, termination/delay/default provisions, and insurance coverage obligations.
- Members of our Business Practice have experience drafting and evaluating 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
We assist clients with:
- Creation of policies and procedures to protect the availability and integrity of data in the event of a disaster.
- Risk analyses of existing information technology infrastructure to ensure adequate data retention and protection.
- Preparation of agreements to protect the privacy and security of shared information in compliance with federal and state law relating to data privacy and safety, including the
- Gramm-Leach-Bliley Act (GLBA) and the privacy and security regulations promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
- Advice to clients under investigation by federal and state authorities for the alleged violation of privacy and security laws.
Data Recovery
The firm helps clients respond following the loss of data (whether the data is stolen or lost due to terrorism or natural disaster). For example, firm attorneys prepare letters to individuals whose data has been lost or stolen; work with the Federal Trade Commission and the Social Security Administration concerning lost and stolen data, and coordinate credit monitoring and other services from the "Big Three" Credit Reporting Agencies. The firm has an established reputation for handling data breach and disaster recovery legal concerns. We have particular experience with the data protection and emergency response provisions of the HIPAA regulations as they apply to hospital and medical facilities.
Emergency Response Services and Contractors
The firm represents contractors that specialize in remediation, fire and flood restoration work and has significant experience adjusting claims with insurance carriers and resolving disputes between contractors and customers regarding insurance coverage claims for defective work and related contract disputes. The firm's detailed knowledge of the industry and the estimation and costing software (upon which work is priced) helps Carlton Fields resolve disputes quickly and efficiently, whether representing contractor or customer.
Employer/Labor Issues
The firm's Labor & Employment attorneys provide employer/labor related legal services, both from a preparedness and emergency response perspective. Clients are advised on issues such as:
- Preparation of employment manuals and employment policies dealing with leave (paid or unpaid) when regional disasters occur.
- Leave of absence rights and obligations relating to federal laws such as FMLA and the WARN Act, and other leave issues.
- Advice to construction and disaster cleanup contractors/other contractors potentially dealing with FEMA in complying with obligations of federal contractors, compliance with EEO policies, 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.
- Preservation of employer personnel records, worker telecommuting issues, and advice on hiring of temporary workers to comply with the Immigration Control and Reform Act (a major problem for larger disaster repair/rehab/cleanup contractors).
- Assisting employers with development and implementation of employee assistance programs to address employee needs following regional disaster.
Energy/Utility Issues
We represent utility companies in connection with claims for FEMA reimbursement for utility costs.
Environmental Impacts: disaster-related enforcement action, emergency permits, orders and penalties
- Firm attorneys defend clients against the claims of federal, state and local agencies that have claim permit or regulatory violations arising from casualty or regional disaster (including interpretation of force majeure and "upset" provisions of applicable permit provisions and law).
- We assist clients in obtaining regulatory exemptions or waivers in the wake of casualty or regional disaster, including emergency orders and authorizations.
FEMA-related representation
- Flood Insurance Coverage Issues. Firm attorneys have experience representing local governments and individuals in negotiations with FEMA over flood insurance coverage issues.
- Utility Company Claims for Reimbursement. We represent utility companies in connection with claims for FEMA reimbursement for utility costs.
- Stafford Act. Our attorneys are familiar with the Stafford Act under which public entities can seek reimbursement, the SBA loan Fund, and other aspects of business recovery.
- FEMA-Non-Profit Coordination. The firm assists local non-profit organizations with the formation of regional umbrella organizations to facilitate efficient and coordinated emergency response and distribution of donated goods and services consistent with FEMA requirements.
Hospitality Industry: Convention and Resort Reservation Agreements
Resort and convention cancellations as the result of actual or predicted storms, regional storm-related travel impacts, or actual storm damage can result in significant losses for the resort/hotel industry as well as clients whose events are disrupted. We assist clients with negotiation of force majeure/cancellation provisions in hotel, conference and resort contracts to provide a mutually acceptable mechanism for cancellation and a fair allocation of risk in the event of threatened or actual storm events.
Insurance Coverage Advice
The firm assists its business clients with evaluation and selection of property damage and business interruption coverages.
Insurance Coverage Disputes
We have extensive experience representing clients with respect to prosecution or defense of insurance claims including:
- 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
Our attorneys can assist public entities with claims for reimbursement under the Stafford Act.
Mold Assessment and Remediation
The assessment and remediation of mold in the wake of hurricane or storm damage is a significant problem in the Gulf States. The firm's attorneys handle insurance mold coverage disputes, contract actions, and assist clients with the engagement of professionals to assess and remediate mold contamination, including situations involving asbestos containing building materials (ACM). The firm has relationships with leading experts in pertinent disciplines, including construction, environmental assessment, toxicology, indoor air quality, pulmonary medicine, microbiology, psychiatry, and other medical specialties.
For more information, please contact Laurel Lockett at 813.229.4139 or llockett@carltonfields.com.
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