By Xiumei Dong

Law360 (June 25, 2020, 10:20 PM EDT) -- California is gradually lifting COVID-19 restrictions on a county-by-county basis, leading firms like Hueston Hennigan to eschew a one-size-fits-all approach in bringing personnel back to the office and other firms to hold off on any reopenings.

At the beginning of May, Gov. Gavin Newsom laid out a four-stage plan to reopen businesses in California. To date, most of the state has entered stage three with the reopening of hair salons, gyms, churches and even gyms. But several California counties are still required to take it slower, including much of the Bay Area.

"Orange County issued an order that permitted attorneys and staff to return to the office 'when teleworking is not possible.' Los Angeles just issued a similar order this weekend," said John Hueston, founding partner of Hueston Hennigan LLP.

Hueston said his firm had already partially opened its office in Orange County to employees who cannot effectively perform their work at home. Because the COVID-19 outbreak was more severe in Los Angeles, Hueston Hennigan has just begun to reopen its office there after LA County also moved to loosen restrictions.

"We, therefore, plan to permit a limited number of attorneys and staff to return to the LA office if teleworking is not possible at home," he said. "However, we anticipate that few will need to return because almost all our employees have been working very productively at home with assistance and IT support from the firm."

As of Wednesday, California reported 195,571 residents had tested positive for COVID-19, including 5,733 who had died. Among all the 58 counties, Los Angeles has reported the most cases, 89,566, followed by Riverside at 14,946 and San Diego at 11,804.

With those numbers as a backdrop, many law firms that spoke with Law360 said they haven't opened their offices in California and are in no hurry to do so. Several said they are closely monitoring local guidelines and will continue to offer remote options, even after the restrictions are lifted.

In compliance with the state and county guidelines, Hueston said his firm rotates attorneys' and staff members' schedules to ensure that the office is never more than 25% occupied. The firm has also modified its office spaces to minimize the risk of spreading the virus.

"We've erected plexiglass guards, each among staff desks, and ensured staff desks are more than 6 feet apart," Hueston said. The firm has also put rules in place to enforce social distancing in common areas.

"In terms of ingress and egress from the building, we've worked with our landlords to ensure that there is a protocol for using elevators," Hueston said. "For instance, in the Orange County building, run by the Irvine Company, it can never be more than two people in an elevator, and hallway movements are also directional so that there cannot be crowding in large spaces."

The kitchen is also closed, he added, and individual box lunches will be ordered for employees who are required to work in the office.

While Hueston advised that firms "not be in a rush" when it comes to reopening their offices, he encouraged firms to recognize that there are "a number of people who are anxious to return and miss the collegiality of being in an office, who enjoy the efficiencies of office work".

"So, to the extent that it is safe and appropriate to do so, a firm should explore some partial reopening opportunities for that part of their attorneys and staff who wish to do that," Hueston said.

Hueston Hennigan illustrates the balancing act that firms in California are faced with, between safety and making sure personnel can do their jobs.

"When I was speaking with one of my clients that has offices throughout the state all the way from Sacramento to San Diego, they said they expected Orange County to open first," said Valerie Fontaine, an LA-based partner at legal search firm SeltzerFontaine. She said the different political climate in each county has created more challenges for firms as they look into reopening.

However, as California continues to see a rise in coronavirus cases, Fontaine said that most law firms are waiting a bit longer to reopen their offices in the region.

"We will not rush back," said Laura Saklad, chief operations officer at Orrick Herrington & Sutcliffe LLP, in a statement. "When local and state guidelines enter a phase that permits offices to reopen, we will wait at least three weeks before reopening Orrick offices."

Even when Orrick does open its offices, Saklad said, it will be optional for employees to come in, and rules and restrictions will be implemented to ensure health and safety.

"We will require masks in common areas, limit in-person meetings, ensuring social distancing in enclosed areas such as elevators and develop transportation options to help team members concerned about the safety of mass transit systems," Saklad said. She noted that Orrick is also developing plans to "stagger the teams in the office," using a mix of office work and work from home.

Morrison & Foerster LLP said it hired California-based epidemiologist Kavita K. Trivedi to consult on reopening procedures.

"While we are closely monitoring the situation and local officials' guidance in every city where we have an office in California, our number one priority is maintaining the health and safety of our people, their families, our clients and our communities," a firm spokesperson told Law360.

In an interview with Law360, Trivedi advised firms to stay "risk-averse" when it comes to reopening their offices, pointing to the lack of a vaccine or other "appropriate treatment."

Furthermore, because the transmission rate is different among communities, a firm may need to have multiple protocols for offices in different regions, she said.

"This is going to be a long-term game," she said.

​​​Fenwick & West LLP has not reopened any of its offices, including its Silicon Valley, San Francisco and Santa Monica offices in California, according to the firm's chair, Richard Dickson.

"We plan to continue doing so until at least September 2020," Dickson said. "When we do decide to reopen our offices, we will be flexible in allowing remote working through at least the end of the year."

Cooley LLP and Gunderson Dettmer Stough Villeneuve Franklin & Hachigian LLP also said their California offices have remained closed.

Global law firm DLA Piper has six offices in California: one in San Francisco, another in Silicon Valley, two in Los Angeles and two in San Diego. Together, these offices have roughly 370 attorneys and staff, according to the firm's website.

The firm, which has already begun to reopen a handful of U.S. offices — in Atlanta; Wilmington, Delaware; Houston; Dallas; and Raleigh, North Carolina — said it, too, was not yet ready to reopen in California.

"We continue to monitor the situation closely and will gradually move toward a return to work (initially on a voluntary basis) once we are confident that we can do so safely and in accordance with government and public health guidelines," a DLA Piper representative said in a statement.

--Editing by Aaron Pelc.

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