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    Disaster Planning & Liability Management


    Pillsbury combines experience in both legal and operational risk management to offer organizations and municipalities a comprehensive suite of Disaster Planning & Liability Management services. Our methodology helps clients understand the nature and scope of their exposure to disaster-related liability—calculating the risk, developing legal and operational strategies to manage it, and implementing required changes to an organization's crisis management and business continuity plans.

    In support of this service, Pillsbury has formed alliances with Protiviti, LMI Government Consulting and the American Red Cross—all major organizations involved in assessing risks faced by organizations and municipalities in their disaster preparedness planning. We also have alliances with leading crisis communications agencies, including Levick Strategic Communications, Dezenhall Resources and Ketchum Inc.

    Preparing the City of New York for a Major Disaster

    Pillsbury partnered with the City of New York, through its Office of Emergency Management and Corporation Counsel's office, to perform a comprehensive assessment of the legal issues New York City could face in responding to a major disaster. We systematically analyzed the City's plans for responding to major disasters, ensuring that the City had the authority needed to protect its residents and visitors in the event of a disaster and minimizing its potential future liability. President Obama's National Infrastructure Advisory Council (NIAC) recommended that the program be adopted nationwide by all state and local governments—especially major metropolitan areas.

    Pillsbury's work for the City of New York included:
    • Reviewing the City's emergency plans against relevant federal, state and local law to ensure adequate legal authority for all operational plans
    • Examining NYC's potential liability for:
      • Public communications
      • The taking and use of private property
      • Personal injuries associated with pre- and post-disaster actions
      • Regulatory non-compliance
      • Any discriminatory impact of acts or omissions

    The specific issues examined included:
    • Evacuation
    • Sheltering
    • Quarantine
    • Inoculation/prophylaxis administration
    • Emergency medical treatment
    • Contamination and cleanup
    • Private property use
    • Debris removal
    • Contracting
    • Worker protection
    • Federal/state/local jurisdictional issues

    Common Legal Considerations

    • Identification of relevant scenarios
      • Hurricanes, earthquakes and other natural disasters
      • Avian flu, pandemics, anthrax and other biological attacks
      • Large-scale conventional explosive attacks
      • Nuclear accidents, dirty bombs and other radiological events
    • Analysis of a corporation's potential legal liability for the responses contemplated in the event of such scenarios
    • Enhancements to operational strategy and contingency planning
    • Modification of a corporation's crisis management and business continuity plans to minimize or avoid liability

    Common Operational Considerations

    Pre-Event Planning
    • Threat avoidance
    • Alternative site evaluation
    • Succession planning
    • Resource stockpiling
    • Insurance
    • Training
    • Testing

    Operational Recovery
    • Life safety
    • Sheltering
    • Containment and clean-up
    • Damage assessment
    • Crisis communication
    • Mobilization
    • Interim/manual operations
    • Return home

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