While relaxing on the beach in Greece, suddenly, the skies darkened and this massive thundercell formed literally in seconds before our eyes. Shot this dramatic picture seconds before we frantically started packing our stuff and rain came pouring down in massive torrents accompanied by thunder and lightning. Zeus was not messing around that day!
Joran Quinten, Unsplash

As Hurricane Helene heads toward the coast of Florida, we can expect widespread damage, business interruption, and travel stoppage for a large part of the gulf coast region for days and weeks to come.

Jones Walker’s Disaster Preparedness & Recovery Client Team remains poised to assist clients when and where such challenges arise. During a crisis, information is a businesses’ most important tool and clear, timely client communications are our top priority. 

With any disaster or hazard, the need for timely and proper communication is vital. The tools and information provided below are available to help businesses stay prepared and access critical information before, during and after a disaster.

Our thoughts are with those in the path of the storm, and our attorneys stand ready to provide assistance to our clients and businesses who are preparing for, or are impacted by, Hurricane Helene. We encourage everyone to prepare and make plans for sheltering in place or evacuating if need be. Above all, please be safe.

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A hurricane, natural disaster, or any other crisis in the workplace can bring a business to a screeching halt and devastate the lives of a business’s most valuable asset — its employees.

To minimize the impact of a natural disaster, companies should have various plans in place before disaster strikes, such as a crisis management plan, a communications plan, and a disaster response and recovery plan. These plans must take into account the effect a catastrophe may have on workers and include ways to help impacted employees return to work as soon as practical to ensure continued productivity of the workplace even in the face of personal loss. Any enacted plan should also consider the application of relevant federal and state laws to ensure compliance and avoid any employment-related lawsuits or any agency enforcement actions following a natural disaster.

Continue Reading Planning for a Catastrophe – Tips for Ensuring Proper Communications
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Lisa Bresler, Unsplash

The 2024 Atlantic hurricane season began on June 1, and TSR (Tropical Storm Risk) forecasts 17 to 25 named storms this year. In weathering these storms, many businesses will face property losses, often accompanied by business income losses. Most commercial property policies incorporate business interruption coverage and extra expense insurance. The complexity of a business interruption claim, however, combined with the disruption of cash flow to pay continuing expenses creates a difficult scenario for business owners in these situations. 

In general, business interruption and extra expense losses may be covered when they are caused by physical loss or damage to covered property, other covered conditions such as damage to a “dependent business,” or an order of the civil authority, such as an evacuation order, as defined in the policy. There may also be limitations on coverage, such as for power loss occurring outside the covered property, among others.

Continue Reading Preparing a Business Interruption Claim Best Practices

Businesses today must plan for more than just supply and demand. Hurricanes, floods, fires, and other potential hazards pose serious threats to businesses everywhere.

With any disaster or hazard, the need for timely and proper communication is vital. The tools and information provided below are available to help businesses stay prepared and access critical information before, during and after a disaster.

Ready.gov

StayLocal.org (New Orleans)

Office of Homeland Security and Emergency Preparedness (Louisiana)

Ready Alabama (Alabama)

Mississippi Emergency Management Agency (Mississippi)

FloridaDisaster.org (Florida)

Texas Ready (Texas)

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The annual hurricane season is once again upon us. With the National Oceanographic Atmospheric Administration’s prediction of a higher-than-average active season, now is the time for businesses to review their internal policies and make any necessary preparations should a storm impact your area.

By their very nature, disasters are unpredictable. But it is possible to prepare for and recover from such unforeseen events. During a crisis, information is a businesses’ most important tool and clear, timely client communications are our top priority. Jones Walker’s cross-disciplinary Disaster Preparedness & Recovery Client Team advises companies, not-for-profit organizations, and individuals as they prepare for, respond to, and recover from unforeseen crises. We understand the myriad legal issues that arise when drafting, communicating, and implementing disaster-preparedness plans, and have extensive experience representing clients as they work through the aftermath of a major event.

Continue Reading Natural Disaster Preparedness – Serving Clients Through Disasters

On Thursday, June 15, the Louisiana Office of Motor Vehicles (OMV) experienced a data security breach resulting in the loss of the personal information of potentially millions of Louisianans due to a global cyberattack involving the exploitation by hackers of a vulnerability in MOVEit Transfer, an electronic file transfer tool developed by Progress Software. In a press release, the OMV announced that it suspects the personal data of all individuals who possess a Louisiana state-issued driver’s license, ID, or car registration may have been exposed to the criminal cyber attackers, a ransomware gang known as “Clop.”

Continue Reading Louisiana OMV Data Breach – How Should You Respond?

As they weather this year’s storm season, many businesses will experience property damage, often accompanied by business income losses. Most commercial general liability policies will provide business interruption coverage and extra expense insurance as an adjunct to property coverage. However, the complexity of a business interruption claim coupled with a pressing need for operating capital often combine to create a difficult scenario for business owners in these situations.

Cove Geary and Tyler Rench authored the article “Best Practices for Preparing a Business Interruption Claim,” featured in Risk Management Magazine highlighting some recommended industry “best practices” that can help smooth the business interruption insurance claims process and maximize recovery.

Click here to learn some industry best practices that can help smooth the business interruption insurance claims process and maximize recovery.

The 2022 Hurricane Season begins June 1st and continues through November 30th. For those in the maritime industry, it is strongly encouraged to review your existing hurricane plan or develop a plan if one is not already in place. Having a plan in place not only helps companies to minimize risk, but it also gives vessel owners and operators the opportunity to be prepared to evacuate as necessary.

Click here for a recent MSIB released by the United States Coast Guard providing preparations for the 2022 hurricane season.

In the event a disaster does occur, members of our maritime emergency and casualty response team are always on call to respond to and investigate any type of incident.

The Louisiana Insurance Commissioner has issued Rule 22 for Hurricane Ida which allows policyholders an opportunity to mediate disputes with underwriters for claims up to $50,000. This is a streamlined approach where each side submits a position paper and meets with an assigned mediator at no cost to the insured. Notice of this program and relevant information is available on the Louisiana Department of Insurance website here.

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on blue sea near the coast
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Disputes arising in the Gulf of Mexico (GOM) following Hurricane Ida can be subject to three bodies of law: maritime law, federal law under the Outer Continental Shelf Lands Act (OCSLA), and state law, whether surrogate federal law under the OCSLA or within territorial waters. Jurisdiction for claims arising in the GOM is generally a federal question under 28 U.S.C. § 1331 subject to the saving to suitors clause in certain maritime-related claims. See 28 U.S.C. § 1333(1). Jurisdictional issues can be complicated and fact-based where maritime and non-maritime “services” are “mixed,” as discussed in Baker v. Hercules Offshore, Inc., 706 F.3d 680 (5th Cir. 2013).

The Outer Continental Shelf (OCS), as defined, consists of submerged lands, subsoil, and seabed in a specified zone up to 200 or more nautical miles seaward of the adjacent states’ jurisdiction. The OCSLA, 43 U.S.C. § 1331, et seq., regulating OCS operations extends federal jurisdiction to OCS operations and resources under 43 U.S.C. § 1349(b). Likewise, the OCSLA extends the benefits conferred by the Longshore and Harbor Workers Compensation Act (LHWCA) to employees working on the OCS.

Continue Reading Offshore Jurisdictional Issue Primer