Compendium of COVID Litigation Issue Summaries


The Retail Litigation Center (RLC) is helping its member spot COVID-19 litigation risks and identify practical steps to mitigate them.  At the Retail Litigation’s Center’s Spring Meeting of the Members in May more than 125 retail legal leaders and 30 RLC Law Firm Members spent time thinking through different types of COVID-related litigation that could emerge from the pandemic.

We covered 14 broad potential risk areas, including: premises liability litigation; employee tort claims; price gouging; disparate impact claims; temperature screening; landlord-tenant disputes; supplier contract litigation; federal investigations; and many more.

Below are summaries with practical tips for in-house counsel that RLC Law Firm Members developed for each of the COVID litigation risk areas. We compiled the information into a Compendium of COVID Litigation Summaries that is available exclusively to RLC Retail Members.

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Managing Federal and State COVID Enforcement Actions

Meredith Slawe (formerly of Akin Gump) and Mira Baylson of Akin Gump give strategic tips on engaging with enforcement agencies on COVID-related issues. Learn More

  • May 6, 2020

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Temperature Screens in the Workplace During COVID-19

Matthew Kane & Peter Farley of McGuireWoods consider wage & hour issues under FLSA & state laws, plus tips on temp check screening programs. Learn More

  • May 6, 2020

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Premises Liability Risk

David Chidlaw & Hayley Grunvald of Sheppard Mullin outline the litigation risks of new operational protocols, from cleaning to engineering controls. Learn More

  • May 5, 2020

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Donning, Doffing and PPE – Wage and Hour Laws

Tom Barton of Faegre Drinker looks at compensability for employee temperature check and hand washing time. Learn More

  • May 5, 2020

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Affirmative Litigation in the Age of COVID

Taline Sahakian & Henry Su of Constantine Cannon describe how retail legal teams can do more with less to boost business value & reduce costs. Learn More

  • May 5, 2020

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Consumer Claims for Returned Products

David Carpenter & Daniella Main of Alston & Bird discuss refund policy changes that may be targeted, plus likely claim types supported by case law. Learn More

  • May 5, 2020

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Managing Litigation Risks from Workforce Adjustments

Julie Trotter & Nilab Tolton of Call & Jensen review lay-off selection criteria and steps to ensure compliance with the WARN Act and OWBPA. Learn More

  • May 5, 2020

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Navigating At-Risk Populations in the Workforce

Frank Alvarez of Jackson Lewis dives into creative policies to address new legal responsibilities for employers of elderly, ill, and pregnant workers. Learn More

  • May 5, 2020

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Employee Tort Claims for COVID-19 Exposure

Jason Schwartz of Gibson Dunn covers the interplay between workers’ comp & tort law plus steps to protect employees & reduce risk. Learn More

  • May 5, 2020

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Supplier Contract Disputes in the Age of COVID-19

Elizabeth Edmondson of Jenner & Block gives checklists for (1) suppliers’ common-law & contractual defenses and (2) retail steps to avoid litigation. Learn More

  • May 5, 2020

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