Our Coronavirus Response Team has the breadth of experience to quickly and efficiently address the effects of the COVID-19 pandemic on businesses and individuals. Our Coronavirus Response Team consists of attorneys across numerous practices, including:
- Bankruptcy & Creditors’ Rights
- Corporate & Business Law
- Education & School Law
- Employment Law & Labor Relations
- Health Care
- Litigation
- Real Estate & Finance
- Tax
- Trusts & Estates
We are continually monitoring the issues, guidance, and literature to continue to provide legal resources and insights as the U.S. economy reopens.
We are actively advising a number of clients in matters related to the COVID-19 pandemic including:
Bankruptcy & Creditors’ Rights
Theodore D.C Young | Trisha H.S.T. Akagi | Ryan M. Hamaguchi
- Bankruptcy filings, loan defaults, and lease defaults for various sectors impacted by COVID-19.
- Advice regarding modifications to the Bankruptcy Code resulting from the Consolidated Appropriations Act of 2021.
Corporate & Business Law
David F.E. Banks | Ryan M. Hamaguchi
- Advising clients on the applicable, federal, state, and county COVID-19-related restrictions, guidelines, and programs.
- Drafting contracts and assisting clients with COVID-19 vaccination, testing, and safety procedures and policies.
- Counseling clients regarding PPP loans, EIDL loans, and other COVID-19-related assistance programs.
- Guiding clients through business resiliency plans and reorganization efforts.
Education & School Law
Amanda M. Jones | Kristin S. Shigemura
- Drafting COVID-19 student attendance policies and procedures for private schools.
- Drafting and counselling regarding vaccination policies
- Advising schools on communications to parents about COVID-19-related issues, including modifications to policies and handbooks, vaccination and testing requirements, and virtual learning plans.
- Counseling schools on accommodation requests made by students, teachers, and other school employees.
- Assisting schools with staff reductions associated with COVID-19.
Employment Law & Labor Relations
David F.E. Banks | Amanda M. Jones | Paul M. Saito
- Responses to workplace safety complaints by employees.
- Drafting and reviewing contracts related to employee work-from-home requests.
- Drafting COVID-19 vaccination and testing policies.
- Termination-related claims prompted by COVID-19 economic impacts or non-compliance with COVID-19 policies.
- Drafting COVID-19 faculty and employee attendance policies and procedures for private schools.
- Failure to accommodate claims by employees who want to work from home due to health or family issues.
- Drafting and reviewing contracts for workplace COVID-19 testing.
- Evaluating COVID-19 return-to-work and attendance policies for compliance with the Americans with Disabilities Act, Age Discrimination in Employment Act, and other civil rights laws.
Estate Planning, Trust Administration, and Probate
Health Care
- Evaluating and advising in connection with HIPAA obligations for COVID-19-related health care clearinghouses.
- Drafting COVID-19 testing contracts for nursing and retirement facilities.
- Employment and liability issues relating to surge staffing of health care providers.
- Defense of claims alleging medical negligence relating to treatment of patients with COVID-19.
Litigation
Dennis W. Chong Kee | C. Michael Heihre | Amanda M. Jones | Mallory T. Martin | Darene K. Matsuoka | Jeffrey S. Portnoy | Kristin S. Shigemura | Lisa K. Swartzfager | Milton M. Yasunaga | Theodore D.C Young
- Enforceability and applicability of force majeure clauses, and impossibility and frustration of purpose issues.
- General liability and business interruption insurance coverage issues.
- COVID-19 issues impacting restaurants and hotels.
- Representing a lending group concerning a substantial default under a loan secured by a luxury retail complex in Waikiki.
- Landlord issues relating to COVID-19 and large national tenant Chapter 11 bankruptcies.
- COVID-19-related waiver and policy drafting.
- Enforceability of force majeure clauses, and impossibility and frustration of purpose issues.
- Initial discussions on constitutionality of state and county COVID-19 issues.
- Defending employers in lawsuits alleging civil rights violations in connection with the COVID-19 pandemic.
Real Estate & Finance
Lisa D. Ayabe | Michele S. Loudermilk | Nathan T. Okubo | Justin M. Sugiyama | Andrea K. Ushijima | Lori K. Wilke
- Responding to tenant requests for rent relief based on COVID-19 considerations.
- Drafting contracts and contract terms to address new issues raised by the pandemic.
- Lease modification and enforcement issues, common area maintenance and notice obligations, and reopening considerations.
- Lease rent deferrals and modification issues, and reopening considerations.
- Lease assumptions and workouts in connection with COVID-19 and Chapter 11 bankruptcies and receiverships.
- Analyzing contracts and advising clients about their rights and obligations as a result of the pandemic.
- COVID-19 related lease workouts for shopping center, industrial warehouse, and office building landlords, as well as retail and restaurant tenants.
- Loan workouts and modifications for both borrowers and lenders.
Tax
Chris S. Mashiba | Cheryl L.M.T. Itagaki | Ryan M. Wilson
- Qualifying for tax credits under the FFCRA.
- Amending company retirement plans due to the CARES Act.
- Compliance issues related to Paycheck Protection Loan Program Loans, Economic Injury Disaster Loans, and other CARES Act programs.
- Applying and qualifying for PPP loans, EIDL loans, and other COVID-19 related assistance.
- SECURE Act and COVID-19 related guidance.
Articles
- “Many Stick with Working From Home, Even As COVID Cases, Restrictions Wane,” Hawaii News Now – Amanda M. Jones (March 4, 2022)
- “Can Employers in Hawai‘i Require their Employees to Receive the COVID-19 Vaccine?” ke kumu Fall/Winter 2021 – Mallory T. Martin
- “The Choice For Workers At A Honolulu Care Facility — Get Vaccinated Or Get Fired,” Honolulu Civil Beat – Jeffrey S. Portnoy (July 26, 2021)
- “Updates from Cades Schutte’s Coronavirus Response Team,” ke kumu Spring/Summer 2021 – Chris S. Mashiba, Lisa K. Swartzfager, Theodore D.C. Young, and Ryan M. Hamaguchi
- “Questions Raised on How Much Longer Hawaii Gov. Ige can Invoke Emergency Powers,” KHON2 – Jeffrey S. Portnoy (May 18, 2021)
- “For Many Hawaii Companies, The Pandemic Has Changed Work Forever,” Honolulu Civil Beat – Amanda M. Jones (March 31, 2021)
- “Legal Expert Believes Employers Could Mandate Workers to get COVID-19 Vaccine,” KHON2 – Jeffrey S. Portnoy (December 7, 2020)
- “Top 10 Legal Considerations for Commercial Landlords and Tenants Amid COVID-19,” Pacific Business News – Michele S. Loudermilk (November 6, 2020)
- “Debunking 8 Common Employer Myths About Dealing with COVID-19,” HR Daily Advisor – Amanda M. Jones (June 22, 2020)
Webinars
- Top 10 Takeaways for Commercial Landlords and Tenants – Michele S. Loudermilk (September 25, 2020)
- Employment Law Update and Coronavirus Impact – Paul M. Saito (September 25, 2020)
- Does Business Interruption Insurance Apply to a Company’s COVID-19 Related Losses? – John P. Duchemin and Lisa K. Swartzfager (September 25, 2020)
- Navigating Hawaii’s Road to Recovery: Reopening – Nathan T. Okubo (August 11, 2020)
- Lockdowns, testing and tracking: Are they all really legal? – Jeffrey S. Portnoy (June 17, 2020)
