Baker Donelson Partner Battles Severe COVID-19 Case

By Emma Cueto
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Law360 (March 16, 2020, 5:23 PM EDT) -- A Baker Donelson partner in Louisiana has been diagnosed with COVID-19, the firm confirmed Monday, with local news outlets reporting that his case is serious and he is in critical condition.

New Orleans construction litigator Mark Frilot, 45, was initially diagnosed with the flu on March 7, before there were any reported cases of coronavirus in Louisiana, but sought additional medical care on March 12 when his condition worsened, according to New Orleans news outlet NOLA.com. He has since been diagnosed with double pneumonia, which can be caused by serious COVID-19 cases, NOLA.com reported.

His wife, Heaven Frilot, told the paper that her husband was "never, ever sick," and urged people in the city to take precautions and practice social distancing to slow the spread of the virus.

While not identifying the sick attorney, Baker Donelson Bearman Caldwell & Berkowitz PC said that the firm is working with the state's public health officials and that no other employees in Louisiana are reporting symptoms. The firm has closed its offices in New Orleans and Mandeville, Louisiana as a precaution, with employees working remotely. 

"The firm has a comprehensive business continuity plan that ensures our continued operation and uninterrupted service to our clients," Baker Donelson said in an email. "Regardless of office closures or other disruptions, we are equipped to work remotely in a technologically secure environment. Baker Donelson joins the rest of society in keeping those affected by COVID-19 in our thoughts and prayers."

Most COVID-19 cases are mild, but the disease can result in severe complications, especially for people who are elderly or have underlying health conditions, and it has a much higher fatality rate than the seasonal flu. Public health officials have warned that a rapid spread of the virus could overwhelm the country's health care infrastructure, leaving hospitals without the necessary beds and equipment to treat all cases.

The World Health Organization declared the outbreak, which started in late 2019 in Wuhan, China, to be a pandemic on March 11. There have so far been 3,487 cases and 68 deaths in the United States, according to Centers for Disease Control numbers released Monday.

Frilot's diagnosis comes as the coronavirus outbreak continues to impact the legal world, with several attorneys reportedly being treated for the disease.

On Sunday, an attorney involved in the impeachment process of President Donald Trump announced that he has been diagnosed with COVID-19 and criticized the administration's response to the pandemic. Former counsel for the House Intelligence Committee Daniel Goldman said on Twitter that he is recovering from a mild case.

"I want to thank everyone for the outpouring of support. It means a lot to my family and me," he said. "I am almost back to 100%. I'm lucky enough not to fall in the vulnerable category and, for me, it was just like the flu."

Goldman also criticized the Trump administration's response to the outbreak, saying that it was difficult for him to get tested and that the president was wrong to claim that anyone who needs a test can get one. Goldman first tweeted about trying to access a coronavirus test on March 11, and eventually said that he was able to obtain one on March 13, though he was told the results could take days to come back.

Goldman said that, given the barriers to testing, it was likely that many people might have COVID-19 now and not know it.

"Given his stated desire to 'keep numbers down' for his political benefit, it is impossible to reach any conclusion other than that the president is sacrificing the health of the American public for his own personal interests," Goldman tweeted.

Goldman served as majority counsel in the impeachment case against Trump but has since left as a staff member for House Intelligence Chairman Rep. Adam Schiff, D-Calif.

Elsewhere in the legal world, more firms are encouraging employees to work remotely, even if no cases have been reported at the firm yet.

The latest firms to push work-from-home policies at some or all of their offices include Weil Gotshal & Manges LLP, which was already using an alternating-week schedule for employees, and magic circle firms Allen & Overy LLP, Slaughter and May, and Clifford Chance LLP.

Meanwhile, Nixon Peabody LLP has closed all facilities in the U.S. and Europe and made work from home mandatory starting Monday.

--Editing by Jack Karp.

Correction: A previous version of this story misstated which Baker Donelson offices have closed. This error has been corrected. 

For a reprint of this article, please contact reprints@law360.com.

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