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States are moving towards lifting quarantine restrictions, and employers will be requiring that their employees return to their physical offices as soon as permitted by law. Building owners and building operators are busy evaluating what a return to offices will look like in light of likely ongoing government regulations relating to physical distancing, ongoing public health concerns, and privacy. There may be increased risk of potential liability for building owners and building operators in the event that building tenants and visitors contract Covid-19 after the various state stay-at-home orders are lifted or modified.
During this One-Hour Briefing, real estate litigation partner Paul M. “Tad” O’Connor III and employment litigation partner Jessica Taub Rosenberg at Kasowitz Benson Torres LLP, who have significant experience advising real estate and hotel owners, developers, managers and brokerage firms in a wide variety of disputes, will examine the potential risks that may arise along with the relevant legal issues facing building owners and operators in light of a variety of existing real estate laws and possible new government regulations once a return to offices in New York and other states is permitted, including:
- Claims of inadequate protection of persons entering buildings
- Legal issues around ensuring compliance with medical screening from persons entering buildings
- Decisions involving persons entering buildings who present signs of Covid-19
- Potential privacy concerns relating to recordkeeping of building visitors suspected or known to have Covid-19
- Possible conflicts in protocol between building managers and employer tenants