Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Client Alert

Does Your Business Continuity Plan Cover Pandemics or Not?

Author: Scarinci Hollenbeck, LLC

Date: April 17, 2020

Key Contacts

Back

Unfortunately, many businesses are now discovering that while current business continuity plans address disruptions due to natural disasters, they do not adequately account for the completely new challenges created by COVID-19

In the wake of Hurricane Sandy, many New Jersey businesses developed business continuity plans (BCPs). Unfortunately, many businesses are now discovering that while current BCPs address disruptions due to natural disasters, they do not adequately account for the completely new challenges to firms and individuals created by this worldwide pandemic.

Today’s challenges include global supply-chain disruptions, contaminated work facilities, homes, depleted workforces due to serious illness, government-mandated closures of schools and businesses requiring immediate remote office use and travel restrictions. To address these novel and ongoing threats posed by COVID-19, changes will be needed to your existing business continuity plans (BCPs).

A necessary starting point is to utilize your BCP’s response team members to determine all potential threats to your business operations posed by COVID-19, rank the severity of each business disruption, analyze the effectiveness of your BCP and document failures and weaknesses that surfaced during this crisis to be able to devise remediation measures to address each risk. As we have discussed in prior articles, your BCP should address a wide range of areas that have been impacted and your Response Team should be working on developing workable solutions as developments progress in real-time. Below are several risk areas to consider:

  • Risk of widespread disruption: Stay-at-home orders and mandatory closures of schools, religious institutions, libraries, parks, and non-essential businesses are having a significant impact on businesses across the country. Your firm’s Response Team members should determine what steps can be taken to ensure adequate staffing during a pandemic, including how to best facilitate working remotely, the security of your firm’s systems, confidential and personal information programs, IT and abilities to conduct operations with reduced staff levels who are now and will be for some indeterminate period of time working remotely.
  • Alternative locations: Alternative locations (i.e., back-up data centers, back-up sites for operations, remote locations, etc.) are essential given the risks of contamination and high rates of employee absenteeism. Given that recovery may happen faster in certain regions of the country, firms should try to achieve geographic diversity. Such decisions will be based on your firm’s size, financial situation, workforce and systems, since diversification may not be possible. Are there available alternatives to complete closure, such as creating a strategic business alliance or interim working partnership?
  • Telecommunications services and technology: BCPs should address how to keep technology and telecommunications systems up and running. With regard to COVID-19, one of the unique risks is the strain on IT systems caused by the majority of employees logging in from remote locations. To prevent disruptions, systems should be monitored and upgraded if necessary. With employees accessing your company’s network from home and/or using their own devices, additional measures may also be needed to address cybersecurity.
  • Threats or Security Breaches: Has your Response Team identified system/IT threats or actual breaches of your firm’s cybersecurity? Has the extent of hack or penetration of systems or operations involved your firm’s finances? What was the scope of the damage, if any, and how effective was your Plans response measures? What should be done in real-time and by who?
  • Communication plans: Firms should have plans in place to maintain communications with customers, staff and third parties, such as investors, vendors, and regulators. This includes keeping the firm’s website updated with important information regarding operational status and general contact information. Firms should also have procedures in place to keep staff informed and stay in touch with critical members. Since it is unclear how long we will be impacted by COVID-19, it often makes sense to create a team or task force to monitor the pandemic and its impact on the company.
  • Employee education: Employees are understandably anxious right now, with many worried about their health and their job security. Companies should have procedures in place to keep employees updated on health/safety initiatives, as well as human resource policies (i.e., remote work procedures, paid leave, and non-essential business travel).
  • Regulatory and compliance considerations: While many state and federal agencies have relaxed some regulatory requirements, others are taking a “business as usual” approach. BCPs should include plans to ensure continuous regulatory compliance. Have you identified key personnel to monitor developments and maintain effective communication with regulators, industry association representatives and your management?
  • Reviewing and testing: Firms should empower its most experienced management members and available Response Team participants to undertake an immediate BCP Effectiveness Assessment to provide Firm leaders with the most current information about the firm’s ability to conduct business and whether remediation steps must be considered for implementation either immediately or in a phased manner. Probably one of the first weaknesses identified will be your training program. As the pandemic evolves, BCPs must too.

COVID-19 presents significant stresses to BCP’s, particularly because there is a lot we don’t yet know about how long its impact will last. Nonetheless, maintaining an effective BCP that reacts reasonably to the unique stressors of this pandemic may be the most important process your firm can utilize.

If you have any questions, please contact us

If you have any questions or if you would like to discuss the matter further, please contact Paul A. Lieberman or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
New Jersey Data Center Bans Draw a Second Developer Lawsuit, and a $300 Million Damages Claim post image

New Jersey Data Center Bans Draw a Second Developer Lawsuit, and a $300 Million Damages Claim

New Jersey municipalities are moving aggressively to keep data centers out, and developers are beginning to push back in court. Within the span of a month, two New Jersey townships have been sued by data center developers over local bans, and one of those suits seeks damages in excess of $300 million. Property owners, developers, […]

Author: Daniel T. McKillop

Link to post with title - "New Jersey Data Center Bans Draw a Second Developer Lawsuit, and a $300 Million Damages Claim"
New Jersey Enacts Sweeping Data Broker Law That Could Affect More Businesses Than Expected post image

New Jersey Enacts Sweeping Data Broker Law That Could Affect More Businesses Than Expected

On June 30, 2026, Governor Mikie Sherrill signed Assembly Bill 5328 (P.L.2026, c.25), establishing a comprehensive regulatory framework governing data brokers and certain businesses that sell or license personal information. While the New Jersey data broker law has garnered attention for imposing annual registration fees that can reach $1.5 million, its significance extends well beyond […]

Author: George McGowan

Link to post with title - "New Jersey Enacts Sweeping Data Broker Law That Could Affect More Businesses Than Expected"
New Jersey Enacts 'Power NJ Act' as Gov. Sherrill Signs Advanced Nuclear Procurement Into Law post image

New Jersey Enacts 'Power NJ Act' as Gov. Sherrill Signs Advanced Nuclear Procurement Into Law

Following near-unanimous passage by both the Assembly and Senate, Governor Sherrill has signed the Power NJ Act (S4296/A4881) into law, formally establishing New Jersey’s first statutory pathway for procuring advanced nuclear energy facilities. As we reported when the Legislature passed the bill, the Power NJ Act directs the New Jersey Board of Public Utilities (BPU), […]

Author: Daniel T. McKillop

Link to post with title - "New Jersey Enacts 'Power NJ Act' as Gov. Sherrill Signs Advanced Nuclear Procurement Into Law"
New Jersey Legislature Passes “Power NJ Act” Clearing Path for Advanced Nuclear Energy Development post image

New Jersey Legislature Passes “Power NJ Act” Clearing Path for Advanced Nuclear Energy Development

On June 30, 2026, the New Jersey Assembly and Senate both approved the “Power NJ Act” (A4881), sending the legislation to Governor Sherrill for signature after unanimous, bipartisan approval. The Power NJ Act would direct the New Jersey Board of Public Utilities, in partnership with the New Jersey Economic Development Authority, to establish a program […]

Author: Daniel T. McKillop

Link to post with title - "New Jersey Legislature Passes “Power NJ Act” Clearing Path for Advanced Nuclear Energy Development"
NJ Supreme Court Confirms Personal Email Is Within OPRA's Reach: What Boards, Municipalities, Public Officials and Public Entities Must Do Now post image

NJ Supreme Court Confirms Personal Email Is Within OPRA's Reach: What Boards, Municipalities, Public Officials and Public Entities Must Do Now

If Your Public Officials Conduct Public Business on Personal Accounts, Those Communications May Be Subject to Disclosure under the New Jersey Open Public Records Act (N.J.S.A. 47:1A-1 et seq.). A recent New Jersey Supreme Court decision has direct consequences for every board of education, municipality, and public agency in the state. In Rosetti v. Ramapo-Indian […]

Author: Seraphema Menna

Link to post with title - "NJ Supreme Court Confirms Personal Email Is Within OPRA's Reach: What Boards, Municipalities, Public Officials and Public Entities Must Do Now"
NJDEP Finalizes PFAS Remediation Standards post image

NJDEP Finalizes PFAS Remediation Standards

On June 15, 2026, NJDEP adopted final PFAS remediation standards for PFNA, PFOA, PFOS, and GenX, converting interim criteria into enforceable requirements. NJDEP has adopted final remediation standards for PFNA, PFOA, PFOS, and GenX, converting interim criteria into enforceable requirements under N.J.A.C. 7:9C, 7:26D, and 7:26E. The rule establishes a groundwater standard for GenX, incorporates […]

Author: Daniel T. McKillop

Link to post with title - "NJDEP Finalizes PFAS Remediation Standards"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!