Anticipating and Mitigating the Coming Wave of COVID-19-Related Litigation and Government Enforcement Actions On Demand

Speakers: Ruth Rauls, Partner, Saul Ewing Arstein & Lehr LLP; Justin Danilewitz Partner, Saul Ewing Arstein & Lehr LLP

Across all industries and practice areas, attorneys are predicting a wave of litigation and government enforcement actions stemming from the COVID-19 pandemic. Indeed, the first indications of a groundswell are already apparent, with both newly filed COVID-triggered private civil complaints and the first COVID fraud-related criminal prosecutions already underway. On the civil side, potential claims will run the gamut, touching on employment related issues and newly created statutory rights. With the overnight transition to remote working and the unexpected need to lay off large numbers of workers, employers can expect to see a variety of Fair Labor Standard Act claims and potential WARN Act violation allegations, both of which are uniquely situated to become class actions. On the enforcement side, prosecutors and regulators are responding to a variety of fraud schemes, including fraud and abuse in connection with the federal stimulus funds available under the CARES Act. Meanwhile, all of this is occurring against the backdrop of new state and federal legislation creating a legislative minefield for compliance professionals.