Our Coronavirus Response Team has the breadth of experience to quickly and efficiently address the effects of the COVID-19 pandemic on businesses and individuals. Our Coronavirus Response Team consists of attorneys across numerous practices, including:
- Bankruptcy & Creditors’ Rights
- Corporate & Business Law
- Education & School Law
- Employment Law & Labor Relations
- Health Care
- Real Estate & Finance
- Trusts & Estates
We are continually monitoring the issues, guidance, and literature to continue to provide legal resources and insights as the U.S. economy reopens.
We are actively advising a number of clients in matters related to the COVID-19 pandemic including:
Bankruptcy & Creditors’ Rights
Theodore D.C Young | Trisha H.S.T. Akagi | Ryan M. Hamaguchi
- Bankruptcy filings, loan defaults, and lease defaults for various sectors impacted by COVID-19.
- Advice regarding modifications to the Bankruptcy Code resulting from the Consolidated Appropriations Act of 2021.
Corporate & Business Law
David F.E. Banks | Ryan M. Hamaguchi
- Advising clients on the applicable, federal, state, and county COVID-19-related restrictions, guidelines, and programs.
- Drafting contracts and assisting clients with COVID-19 vaccination, testing, and safety procedures and policies.
- Counseling clients regarding PPP loans, EIDL loans, and other COVID-19-related assistance programs.
- Guiding clients through business resiliency plans and reorganization efforts.
Education & School Law
Amanda M. Jones | Kristin S. Shigemura
- Drafting COVID-19 student attendance policies and procedures for private schools.
- Drafting and counselling regarding vaccination policies
- Advising schools on communications to parents about COVID-19-related issues, including modifications to policies and handbooks, vaccination and testing requirements, and virtual learning plans.
- Counseling schools on accommodation requests made by students, teachers, and other school employees.
- Assisting schools with staff reductions associated with COVID-19.
Employment Law & Labor Relations
David F.E. Banks | Amanda M. Jones | Paul M. Saito
- Responses to workplace safety complaints by employees.
- Drafting and reviewing contracts related to employee work-from-home requests.
- Drafting COVID-19 vaccination and testing policies.
- Termination-related claims prompted by COVID-19 economic impacts or non-compliance with COVID-19 policies.
- Drafting COVID-19 faculty and employee attendance policies and procedures for private schools.
- Failure to accommodate claims by employees who want to work from home due to health or family issues.
- Drafting and reviewing contracts for workplace COVID-19 testing.
- Evaluating COVID-19 return-to-work and attendance policies for compliance with the Americans with Disabilities Act, Age Discrimination in Employment Act, and other civil rights laws.
Estate Planning, Trust Administration, and Probate
- Evaluating and advising in connection with HIPAA obligations for COVID-19-related health care clearinghouses.
- Drafting COVID-19 testing contracts for nursing and retirement facilities.
- Employment and liability issues relating to surge staffing of health care providers.
- Defense of claims alleging medical negligence relating to treatment of patients with COVID-19.
Dennis W. Chong Kee | C. Michael Heihre | Amanda M. Jones | Mallory T. Martin | Darene K. Matsuoka | Jeffrey S. Portnoy | Kristin S. Shigemura | Lisa K. Swartzfager | Milton M. Yasunaga | Theodore D.C Young
- Enforceability and applicability of force majeure clauses, and impossibility and frustration of purpose issues.
- General liability and business interruption insurance coverage issues.
- COVID-19 issues impacting restaurants and hotels.
- Representing a lending group concerning a substantial default under a loan secured by a luxury retail complex in Waikiki.
- Landlord issues relating to COVID-19 and large national tenant Chapter 11 bankruptcies.
- COVID-19-related waiver and policy drafting.
- Enforceability of force majeure clauses, and impossibility and frustration of purpose issues.
- Initial discussions on constitutionality of state and county COVID-19 issues.
- Defending employers in lawsuits alleging civil rights violations in connection with the COVID-19 pandemic.
Real Estate & Finance
Lisa D. Ayabe | Michele S. Loudermilk | Nathan T. Okubo | Justin M. Sugiyama | Andrea K. Ushijima | Lori K. Wilke
- Responding to tenant requests for rent relief based on COVID-19 considerations.
- Drafting contracts and contract terms to address new issues raised by the pandemic.
- Lease modification and enforcement issues, common area maintenance and notice obligations, and reopening considerations.
- Lease rent deferrals and modification issues, and reopening considerations.
- Lease assumptions and workouts in connection with COVID-19 and Chapter 11 bankruptcies and receiverships.
- Analyzing contracts and advising clients about their rights and obligations as a result of the pandemic.
- COVID-19 related lease workouts for shopping center, industrial warehouse, and office building landlords, as well as retail and restaurant tenants.
- Loan workouts and modifications for both borrowers and lenders.
Chris S. Mashiba | Cheryl L.M.T. Itagaki | Ryan M. Wilson
- Qualifying for tax credits under the FFCRA.
- Amending company retirement plans due to the CARES Act.
- Compliance issues related to Paycheck Protection Loan Program Loans, Economic Injury Disaster Loans, and other CARES Act programs.
- Applying and qualifying for PPP loans, EIDL loans, and other COVID-19 related assistance.
- SECURE Act and COVID-19 related guidance.
- “Many Stick with Working From Home, Even As COVID Cases, Restrictions Wane,” Hawaii News Now – Amanda M. Jones (March 4, 2022)
- “Can Employers in Hawai‘i Require their Employees to Receive the COVID-19 Vaccine?” ke kumu Fall/Winter 2021 – Mallory T. Martin
- “The Choice For Workers At A Honolulu Care Facility — Get Vaccinated Or Get Fired,” Honolulu Civil Beat – Jeffrey S. Portnoy (July 26, 2021)
- “Updates from Cades Schutte’s Coronavirus Response Team,” ke kumu Spring/Summer 2021 – Chris S. Mashiba, Lisa K. Swartzfager, Theodore D.C. Young, and Ryan M. Hamaguchi
- “Questions Raised on How Much Longer Hawaii Gov. Ige can Invoke Emergency Powers,” KHON2 – Jeffrey S. Portnoy (May 18, 2021)
- “For Many Hawaii Companies, The Pandemic Has Changed Work Forever,” Honolulu Civil Beat – Amanda M. Jones (March 31, 2021)
- “Legal Expert Believes Employers Could Mandate Workers to get COVID-19 Vaccine,” KHON2 – Jeffrey S. Portnoy (December 7, 2020)
- “Top 10 Legal Considerations for Commercial Landlords and Tenants Amid COVID-19,” Pacific Business News – Michele S. Loudermilk (November 6, 2020)
- “Debunking 8 Common Employer Myths About Dealing with COVID-19,” HR Daily Advisor – Amanda M. Jones (June 22, 2020)
- Top 10 Takeaways for Commercial Landlords and Tenants – Michele S. Loudermilk (September 25, 2020)
- Employment Law Update and Coronavirus Impact – Paul M. Saito (September 25, 2020)
- Does Business Interruption Insurance Apply to a Company’s COVID-19 Related Losses? – John P. Duchemin and Lisa K. Swartzfager (September 25, 2020)
- Navigating Hawaii’s Road to Recovery: Reopening – Nathan T. Okubo (August 11, 2020)
- Lockdowns, testing and tracking: Are they all really legal? – Jeffrey S. Portnoy (June 17, 2020)
Trisha H.S.T. Akagi
Lisa D. Ayabe
David F.E. Banks
Katherine E. Bruce
Dennis W. Chong Kee
Rhonda L. Griswold
Ryan M. Hamaguchi
C. Michael Heihre
Cheryl L.M.T. Itagaki
Amanda M. Jones
Michele S. Loudermilk
Mallory T. Martin
Chris S. Mashiba
Darene K. Matsuoka
Nathan T. Okubo
Jeffrey S. Portnoy
Paul M. Saito
Kristin S. Shigemura
Justin M. Sugiyama
Lisa K. Swartzfager
Andrea K. Ushijima
Lori K. Wilke
Ryan M. Wilson
Milton M. Yasunaga
Theodore D.C. Young