In the wake of the COVID-19 pandemic, employers have faced an onslaught of challenges.  Employers have been forced to analyze and implement new state, federal, and agency mandates, as well as deal with the business challenges resulting from government-mandated shutdowns, shelter-in-place orders, and rapid changes to the business environment. A wave of COVID-19 litigation is the next hurdle employers likely will face in relation to the ongoing pandemic.

We Stay Current

At Ogletree Deakins, we stay alert to the latest legislation, agency advice, and mandates, and we track and analyze litigation filed nationwide in relation to COVID-19. In the ever-evolving COVID-19 arena, we provide our clients with cutting-edge analysis of the latest changes, whether in techniques for preventing litigation or litigation defense strategies. Our attorneys regularly publish articles and speak to clients and employer groups on COVID-19 litigation and other developments and trends. We also offer periodic webinars, podcasts, blog posts, and timely email alerts on COVID-19 litigation developments.

Litigation Tracking: We Keep an Eye on What’s Coming

In the ever-changing COVID-19 landscape, it is important to follow the trends and latest claims brought by plaintiffs’ attorneys. We track COVID-19 litigation filings, and compile the information based on employment-related topic areas and by state/regions. We provide analyses of new and unusual claims and defenses to clients.

In addition, we track agency filings. National Labor Relations Board, Equal Employment Opportunity Commission, and Occupational Safety and Health Administration filings continue to increase in the wake of COVID-19. As more areas of the country open, these claims are expected to continue to increase exponentially.

COVID-19 related legislation is in flux. Many states have amended workers’ compensation laws and have passed or are considering liability shield legislation. Ogletree Deakins tracks and analyzes legislation related to potential litigation exposure for clients resulting from COVID-19 in all 50 states.


The art of successfully and cost-effectively resolving major agency complaints involves knowing what investigators are looking for and how to defend agency claims. We have the demonstrated ability to do just that. Our attorneys understand the different approaches and styles of various EEOC, OSHA, and NLRB offices, knowledge that often proves advantageous for our clients. Selected as counsel for numerous large and small companies, we have advised and represented clients in thousands of matters, including preparing for and attending agency on-site investigations, preparing responsive position statements, resolving disputes in mediation and conciliation, and defending enforcement actions and litigation once filed.

Class Action Litigation

Our litigators also have substantial experience handling complex employment cases, including class and collective actions. Members of our COVID-19 Litigation Practice Group have been advising employers on potential steps they can take now to mitigate their risks for being involved in a class action suit, including:

Why Ogletree Deakins?

Our firm has drawn from our vast COVID-19 resources and experienced employment litigators to create a team dedicated to COVID-19 litigation.

In addition to class action litigation, the COVID-19 Litigation Practice Group is prepared to defend claims related to:

Our Team

The COVID-19 Litigation Practice Group is comprised of litigators from all areas and offices of the firm. The Practice Group is led by a dedicated committee of attorneys who work hand-in-hand with the litigators within our 30 practice groups and 13 industry groups.