Litigation & Dispute Resolution
Mitigating Catastrophe: Minimizing Impact and Paving the Path to Recovery
The Challenge
Natural disasters are inevitable. So, too, may be manmade disruptions. The consequences of each can be potentially catastrophic. Hospitals and other health care providers usually find themselves at the tip of the spear in responding to such calamities and must implement appropriate safeguards. Interruptions in their vital undertakings often result in adverse effects that go beyond their own businesses and impact the communities they serve.
One of the offshoots of such events can be supply-chain disruption or cessation. Given the nature of the services hospitals and health care providers deliver, such supply-chain issues could grind their operations to a halt. Depending on their terms, existing agreements with suppliers and vendors could leave hospitals and providers vulnerable in terms of (i) obtaining the essential supplies they need when they need them, (ii) recovering monetarily for counter-party performance failures, and (iii) preventing them from obtaining supplies from replacement vendors. Indeed, timing is often a critical component of these issues. And unfortunately, these issues can—and often do—end up in court or arbitration.
It's never too late to prepare for disaster . . . but why wait?
The Solution
Strategically positioning those matters for the best possible resolution requires skill, knowledge, and experience, and Epstein Becker Green litigators possess those traits in abundance. Our litigators can assist in formulating and implementing strategies to allow hospitals and other health care providers to react effectively and efficiently in the face of catastrophic events in order to minimize the effects on the supply chain and, by extension, the provision of services.
In that regard, Epstein Becker Green litigators can do the following:
Prior to a Disruption:
- At the drafting stage, assess agreements with vendors and suppliers to ensure that they contain the most advantageous language, including such important clauses as specific performance, injunctive relief, dispute resolution, choice of law, venue, liquidated damages, and force majeure.
- Review existing agreements to assess (offensively and defensively) any vulnerabilities evident in the wording related to the aforementioned issues and others, including whether the hospital/provider has any potential legal exposure for failing to perform in the face of a disaster, whether it be in the context of building leases, provider privileges, or joint venture issues.
- Based upon existing agreements, develop advanced recovery strategies focusing on where to seek legal relief (court, mediation, or arbitration), which relief to seek (injunctive relief, money damages, or declaratory relief), which law will govern any dispute, and which team of litigators is best situated to respond.
Upon the Occurrence of a Disruption:
- Deploy the recovery strategy we have developed with the client to ensure an efficient restoration of the supply chain, allow the client to replace necessary supplies and suppliers with minimal legal exposure, and obtain any applicable injunctive or monetary recovery.
- If we are asked to parachute into a matter without previously having assessed the agreements and players at issue, leverage our deep litigation bench to formulate and execute the necessary recovery strategies in a timely and effective manner.
- In the same vein, defend the hospitals and providers from lawsuits or arbitration demands brought by various counterparties.
- Tap into our in-house network of subject-matter experts and nationwide footprint to secure the best result for the client, whether in court or arbitration, in the most efficient manner.