Disaster Recovery

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I work in a software company designed and structured an app for field staff. That day we made a tour of our flow and could not miss a shot of our work :)
Alvaro Reyes, Unsplash

Natural disasters such as hurricanes, floods, and wildfires can strike with little warning, bringing business operations to a halt and deeply affecting the lives of employees. In recent years, we’ve seen how quickly a crisis can disrupt not just infrastructure but also the human fabric of a workplace. For employers, the stakes are high: protecting people, maintaining productivity, and ensuring legal compliance — all while navigating uncertainty.

To minimize disruption and support recovery, businesses must proactively develop and communicate clear disaster response strategies. This includes crisis management protocols, employee communication plans, and recovery frameworks that prioritize both operational continuity and employee well-being. A well-prepared organization can respond swiftly, reduce confusion, and help employees return to work safely and confidently — even in the face of personal loss.Continue Reading Ready, Set, Recover: Building a Crisis-Ready Workplace

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Kelvin Zyteng, Unsplash

In Florida and other hurricane-prone areas of the Gulf Coast and Southeast, hurricane preparation is part of the job. For construction projects, the risks are immediate and costly: Unfinished structures, unsecured materials, and critical-path equipment can be destroyed in hours. Every year, contractors and owners learn — often the hard way — that planning for a storm in the middle of one is too late. The time to build resilience is before the first tropical storm forms.

For projects under construction, risk management starts in the contract. The agreement should do more than recite a standard force majeure clause. It should clearly allocate responsibilities for securing the site before a storm and for resuming work after. Those obligations should be detailed, measurable, and realistic for the type of work being performed.Continue Reading Building Resilience into Construction Contracts Before Hurricane Season

Open for Biz | Instagram: @timmossholder
Tim Mossholder, Unsplash

Preparing for a natural disaster is crucial for all businesses, but a small business may face unique challenges such as document loss, remote work, and recovery.

Preventing Document Loss

From tax documents to employee records, keeping documents from being lost is an important step in preparing for a natural disaster. The IRS provides helpful guidelines on how a small business can prepare for a disaster, including keeping a disaster loss workbook (Publication 584-B) that a business can use to inventory its business equipment. Further, having important tax documents such as federal 941s, 940s, 944s and W-2s and state sales tax returns in an electronic database that is backed up regularly can prevent these documents from being lost in a disaster. The same goes for payroll and employee documents — keeping an electronic copy of them (e.g., pay information, employee emergency contacts, pay period information) will provide security in times of a disaster. For any documents that are kept in physical form, it is important to ensure that they are kept secure in a locked filing cabinet in a locked room, both in times of a disaster and in the regular course of business. While certain physical files may be necessary, it is advisable that all employee-related files and information be backed up and saved on some secure electronic platform that can be accessed after a natural disaster, even if you maintain those physical files in your office.Continue Reading How Small Businesses Can Prepare and Recover from a Natural Disaster

Every spring the Mississippi River floods, but the downtown area of Davenport Iowa refuses to build a levee system to hold the waters back. It would block the river view. Some years the waters come several blocks up the banks and flood out local businesses.
Kelly Sikkema, Unsplash

The devastating floods that struck Texas in July provide an example of how emergency management and intergovernmental coordination operate under extreme conditions. As torrential rainfall triggered catastrophic flooding across multiple counties beginning on July 2, the response highlighted disaster response systems at the county, state, and federal levels.

The emergency response began at the state level with proactive measures, marked by warnings to state emergency response teams to be prepared. On July 2, the Texas Division of Emergency Management (TDEM) activated state emergency response resources in anticipation of increased flooding threats in parts of West and Central Texas. As conditions worsened, TDEM escalated its response on July 3, increasing the readiness level of the Texas State Emergency Operations Center to Level II (escalated response) and activating additional state emergency response resources as portions of West and Central Texas prepared for continued heavy rainfall and potential flash flooding.Continue Reading Texas Floods Emergency Response: A Review of Intergovernmental Emergency Coordination

The 2025 hurricane season is projected to be more active than prior years’ seasons. Hence, it is important that companies operating facilities that could be impacted ensure that they have proper disaster preparedness plans in place. While proper disaster preparedness plans will help reduce potential harm caused during a storm, proper contract provisions can help reduce liability to a company both before and after a storm. Most companies’ commercial contracts contain force majeure clauses that are intended to provide protection to facilities impacted by natural disasters, such as hurricanes. However, such clauses are generally not construed broadly. Contracts should include clear and direct provisions that excuse lack of performance due to pre-storm shutdown procedures for companies pursuant to internal disaster preparedness plans. Further, contracts should address post-storm concerns arising from slow facility startup and reduced production rates during the restart process to ensure companies are not at risk of breaching production obligations under a contract.Continue Reading An Ounce of Prevention: Draft Contracts with Pre and Post-Storm Considerations

The National Oceanic and Atmospheric Administration (NOAA) released its outlook for the 2025 Atlantic hurricane season predicts an above-normal season with a 60% chance of exceeding typical storm activity between June 1 and November 30. Forecasters anticipate 13 to 19 named storms, including 6-10 hurricanes, with 3-5 potentially reaching major hurricane status of Category 3 or higher. NOAA maintains a 70% confidence level in these predictions.

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 NOAA Expects Busier-Than-Normal 2025 Hurricane Season