Skadden Rolls Out A Flexible Reopening Plan, Will Require Unvaccinated Employees To Be Tested For COVID-19

This is the first Biglaw firm we know of to put a testing requirement in writing.

As time continues to tick down to summer’s arrival, Biglaw firms continue to announce their plans to return to their offices, and now Skadden, one of the most prestigious firms of them all, has joined the party. What’s particularly notable about Skadden’s announcement? To our knowledge, Skadden is the first firm to memorialize that unvaccinated personnel must undergo COVID-19 testing prior to entering the office.

The No. 5 firm in America, with $2,662,890,000 gross revenue in 2020, is setting its sights on a September 13 formal reopening of its U.S. offices, with a hybrid work model that will include at least three days of in-office experiences. According to a video message and a memo that was sent out earlier today, the firm “expect[s] remote work flexibility will be part of our work routine going forward.” Of course, sometimes attorneys will have to be in the office more often due to client needs, and sometimes attorneys’ personal circumstances will necessitate less time in the office, but the three-day model should be looked at as a “guidepost,” and not a hard and fast requirement. Once again, flexibility is king when it comes to office reopenings.

What it an attorney took the chance to move to a new location during the pandemic during the real estate boom? Not to worry, because Skadden is willing to work with you. If you’d like to be reassigned to another office, the firm will “consider such requests and will explore the feasibility of accommodations that support both your interests and the needs of your practice.”

Skadden will not be requiring vaccinations for employees to work in the office, but the firm urges everyone to do so, and will continue to provide time off so that everyone can receive a COVID-19 vaccine. Anyone in the office will be required to complete a daily health check certification. In the Safety & Protocols portion of its return to office memo, Skadden is the first firm to put in writing that unvaccinated employees must be tested for COVID-19 prior to entering the office:

Unvaccinated attorneys and professional staff, who have not had COVID-19 within the previous 90 days, will be required to have tested negative for COVID-19 within 48 hours of their arrival to the office or any in-person offsite location. More information about Firm-provided COVID-19 tests will be available in the coming weeks.

Should attorneys decide to return to the office during the firm’s transition period this summer, the dress code will be relaxed, and jeans will be permitted. Starting on June 1, snacks and coffee will be available on a 24/7 basis in the firm’s cafe. Congratulations to Skadden for putting together a plan that’s sure to please.

What has your firm announced as far as a reopening plan is concerned? The more information is out there, the more likely it is that firms will be able to establish a market standard for a return to work.

(Turn to the next page to see the full memo from Skadden.)

As soon as you find out about the reopening plan at your firm, please email us (subject line: “[Firm Name] Office Reopening”) or text us at (646) 820-8477. We always keep our sources on stories anonymous. There’s no need to send a memo (if one exists) using your firm email account; your personal email account is fine. If a memo has been circulated, please be sure to include it as proof; we like to post complete memos as a service to our readers. You can take a photo of the memo and attach as a picture if you are worried about metadata in a PDF or Word file. Thanks.


Staci ZaretskyStaci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.