How to Build COVID-19 Employment Litigation Defenses Now

The employment and business decisions made by employers under the specter of the unprecedented COVID-19 pandemic are now being tested by plaintiffs’ lawyers. Employers of all sizes should expect a flood of employment litigation alongside ever-changing conditions, constantly updated guidance and, at times, conflicting state and local guidance. Litigation avoidance will require a team effort and proactive communication – both internally and externally. This article outlines the types of claim that are emerging and are expected to increase as a result of COVID-19.

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Rachel B. Cowen
Rachel B. Cowen focuses her practice in various employment discrimination and wrongful termination cases in federal and state courts. Rachel’s experience includes prosecuting and defending employee mobility and trade secret litigation on an emergency injunctive basis. She also counsels employers facing union organizing activity and picketing, and has successfully tried numerous cases before the National Labor Relations Board. She also handles collective bargaining and labor arbitrations. Additionally, Rachel represents financial services companies and professional engineering firms in unfair competition cases. Read Rachel Cowen's full bio.


Brian Mead
Brian Mead is an employment litigator and transactional advisor. He leads McDermott’s Trade Secrets and Restrictive Covenants Subgroup. Clients call upon him for his substantial experience prosecuting and defending employee mobility, restrictive covenant and trade secret litigation cases across various industries including private equity, healthcare, professional services, technology and manufacturing. Read Brian Mead's full bio.


Richard I. Scharlat
Richard I. Scharlat has more than 20 years’ experience in employment litigation defending management across a broad range of industries, and in ERISA matters and class actions. Read Richard Scharlat's full bio.

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