Cushman & Wakefield Ltd. · NYSE:CWK
Cushman & Wakefield — Investor Presentation (June 2020)
23 slides from Cushman & Wakefield's investor presentation, Jun 3, 2020
Slide 1: Return to Workplace Legal Considerations U.S. Companies Need to Know Post-COVID-19
WEBINAR RETURN TO WORKPLACE LEGAL CONSIDERATIONS U.S. COMPANIES NEED TO KNOW POST-COVID-19 June 3, 2020 SESSION NAME HERE /1
Slide 2: Panelists
PANELISTS Brett Soloway Terri Chase Efrat Schulman General Counsel Partner Partner Cushman & Wakefield Jones Day Jones Day Bill Knightly COO, Global Occupier Services Jeff Kapp Brett Shumate Cushman & Wakefield Partner Partner Jones Day Jones Day Kyle Baltes Tiffany Lipscomb-Jackson Partner Partner
Slide 3: Recovery Readiness
RECOVERY READINESS Recovery Readiness Future of Website Roadmap Workplace Report How-to Guide Workplace Readiness Essential One-Page Policy Watch Recovery Readiness Guide / Checklist Checklists RETURN TO WORKPLACE LEGAL CONSIDERATIONS /3
Slide 4: Government Regulation: State and Local Orders
GOVERNMENT REGULATION: STATE AND LOCAL ORDERS RESTRICTIONS ON MOVEMENT RESTRICTIONS ON OPERATIONS STATE AND LOCAL CONFLICTS RETURN TO WORKPLACE LEGAL CONSIDERATIONS /4
Slide 5: Government Regulation: Federal Guidance
GOVERNMENT REGULATION: FEDERAL GUIDANCE WHITE HOUSE GUIDELINES CDC GUIDANCE ROLE OF GUIDANCE RETURN TO WORKPLACE LEGAL CONSIDERATIONS /5
Slide 6: Federal Guidelines on COVID-19 and the Workplace
FEDERAL GUIDELINES ON COVID-19 AND THE WORKPLACE REAL ESTATE OWNERS AND OCCUPIERS SHOULD DEVELOP RETURN-TO-WORK PLANS THAT ALIGN WITH APPLICABLE FEDERAL AND LOCAL AGENCY GUIDANCE, E.G., • CDC: Mitigation strategies for workplaces, including guidelines for cleaning and disinfection • EEOC: Compliance
Slide 7: Managing the Physical Work Environment
MANAGING THE PHYSICAL WORK ENVIRONMENT • Systematically removing hazards from the physical work environment is critical to minimizing the spread of COVID-19 – Implement effective social distancing measures » Capacity limitations, closed areas, workplace reconfiguration, signage and floor decals, ele
Slide 8: Managing Employees in the Workplace
MANAGING EMPLOYEES IN THE WORKPLACE • Implementing mitigation measures applicable to employees and developing policies to guide workplace behavior may reduce risks of exposure – Employee screening procedures, like self-checks, employee reporting, temperature screening, and diagnostic and antibody te
Slide 9: Managing Third Parties in the Workplace
MANAGING THIRD PARTIES IN THE WORKPLACE • Employer-occupiers should consider strategies for controlling the COVID-related impact of third parties (contractors, visitors, customers) entering the workplace • Mitigation measures applicable to employees may be applied equally to third parties, like scre
Slide 10: Potential Claims
POTENTIAL CLAIMS Negligence • Defendant owed a duty to Plaintiff • Defendant breached its duty • Plaintiff suffered harm • Defendant’s breach was a cause-in-fact of the harm. • Defendant’s breach proximately caused Plaintiff’s harm. Public nuisance • Unreasonable interference with a public right (in
Slide 11: Defenses
DEFENSES Duty of Care No duty of care in certain circumstances No Causation Duty of care met • Gov’t reg. • Industry practices Not Liable Waivers Disclosures Immunity Assumption of Risk - States Contributory negligence --Federal bills RETURN TO WORKPLACE LEGAL CONSIDERATIONS / 11
Slide 12: Other Liability Theories/Issues
OTHER LIABILITY THEORIES/ISSUES Plaintiffs may claim that property owners owe duties based on other liability theories: • Duties as a landlord • Duties as a provider of protective services • Duties to warn • Duties related to representations made by the property owner • Consumer protection statutes
Slide 13: Being Proactive: An Ounce of Prevention
BEING PROACTIVE: AN OUNCE OF PREVENTION • While not dispositive, compliance with government directives and recommendations will support an argument that a property owner acted reasonably. • Document, document, document! • Revamp liability waivers and assumption of risk forms with COVID-specific lang
Slide 14: Hotels and Lodging – Special Considerations
HOTELS AND LODGING – SPECIAL CONSIDERATIONS Some courts have found that a hotel’s heightened duties do not extend to the condition of the premises. Hotels should consult CDC and industry guidance to minimize liability. • The American hotel & lodging association recommendations include: – Frequent an
Slide 15: Americans with Disabilities Act (ADA)
AMERICANS WITH DISABILITIES ACT (ADA) • Under the ADA, any person who owns, leases or operates a place of public accommodation (e.g., Restaurants, hotels, retail stores, parks, theaters, etc.) cannot discriminate against an individual on the basis of a disability. • Obligations to provide “reasonabl
Slide 16: Fair Housing Act (FHA)
FAIR HOUSING ACT (FHA) • The FHA prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, familial status and disability. • One type of disability discrimination prohibited by the FHA is the refusal to make reasonable accommodations in rules, policies, practic
Slide 17: Lease Issues from the Tenant's Perspective
LEASE ISSUES FROM THE TENANT’S PERSPECTIVE Rules & regulations • Observe and comply with the landlord’s rules and regulations for the building/project - often includes rules and regulations for the safety, care and cleanliness of the building/project, the facilities thereof, or the preservation of g
Slide 18: Lease Issues from the Landlord's Perspective
LEASE ISSUES FROM THE LANDLORD’S PERSPECTIVE Rules and regulations • Right to adopt new (reasonable) rules and regulations during the term of the lease • Notice requirements in implementing the new rules and regulations Compliance with law • Compliance with all applicable laws relating to the buildi
Slide 19: Lease Issues from the Landlord's Perspective (Cont.)
LEASE ISSUES FROM THE LANDLORD’S PERSPECTIVE (CONT.) Provision of services/access • Landlord right to alter or limit access to the building’s/project’s/center’s common areas and amenity spaces • Required janitorial and maintenance services • Impact to operating expenses for adjustments to services i
Slide 20: Role of Third Party Property Manager
ROLE OF THIRD PARTY PROPERTY MANAGER Manager obligations • Office: perform reasonable property management practices consistent with the standard of professional care for other similarly situated office projects and in compliance with all laws affecting he project. • Multi-family: use commercially re
Slide 21: Q&A
Q&A ONES ills seseevens | JDM
Slide 22: Jones Day Disclaimer
JONES DAY DISCLAIMER Any presentation by a Jones Day lawyer or employee should not be considered or construed as legal advice on any individual matter or circumstance. The contents of this document are intended for general information purposes only and may not be quoted or referred to in any other p
Slide 23: Cushman & Wakefield Disclaimer
CUSHMAN & WAKEFIELD DISCLAIMER ©2020 Cushman & Wakefield. All rights reserved. The information contained within this report is gathered from multiple sources believed to be reliable. The information may contain errors or omissions and is presented without any warranty or representations as to its ac
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