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Williams Mullen

[Webinar] 2024 North Carolina CLE Institute - February 9th, 9:00 am - 2:00 pm ET

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Join us for the 2024 North Carolina CLE Institute, Hosted by Williams Mullen, a virtual legal education program designed to provide timely legal guidance and help you to secure your CLE credits....more

Womble Bond Dickinson

[Event] Best Practices for Lease Reviews and Negotiations – Items to Consider Before Your Company Signs That Lease - July 26th,...

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This event is only open to in-house counsel. Join ACC Baltimore and Womble Bond Dickinson for a luncheon presentation focusing on commercial office lease provisions/clauses that require close attention to limit restrictions...more

Harris Beach PLLC

Marijuana Company MedMen Claims it Operates Illegally to Avoid Rent

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While many continue to push for the federal legalization of cannabis, one cannabis company is strategically using its illegality as a shield. The strange case of Thor 942 Fulton St., LLC v Future Transactions Holdings, LLC...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Force Majeure Decision Provides A Good Overview of the Law Surrounding Leases and the COVID-19 Pandemic

A few months ago, a Commercial Division court granted summary judgment in favor of the plaintiff-landlord in a case involving a commercial lease for a gym that was closed due to COVID-19 restrictions.  The decision in Amherst...more

K&L Gates LLP

COVID-19: Government Announces New Laws and a Code of Practice to Resolve Disputes Related to Commercial Rent Debts Arising Due to...

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Summary - On 9 November 2021, the UK business secretary announced new laws, and a code of practice (Code of Practice), to resolve the remaining commercial rent debts accrued due to the pandemic. The Government’s intention is...more

Holland & Knight LLP

Massachusetts Court: Café's Rent Excused by COVID Orders That Frustrated Lease's Sole Purpose

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The COVID-19 pandemic has strained commercial landlord-tenant relationships across the United States. As the courts wade their way through the backlog of lawsuits filed in 2020, there are a growing number of decisions...more

Seyfarth Shaw LLP

Bankruptcy Court Denies Debtors’ Motion to Abate Rent Due To COVID-19 Government Shutdown Orders

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On December 14, 2020, Judge Marvin Isgur of the United States Bankruptcy Court for the Southern District of Texas, issued an important decision in the CEC Entertainment, Inc. (Chuck E. Cheese) bankruptcy case, Case No....more

Seyfarth Shaw LLP

Recent Federal Court Decision Upholds the Constitutionality of NYC Pandemic-Related Legislation Affecting Commercial Leases

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The United States District Court for the Southern District of New York recently found that three laws enacted by the City of New York in response to the COVID-19 pandemic were constitutional, and dismissed a challenge to the...more

Goulston & Storrs PC

Court Partially Excuses Tenant’s Rent Obligations During COVID Shutdown

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In the social and economic fallout from COVID, businesses are assessing how best to address their commercial relationships, especially where potentially insurmountable barriers to performance loom large. One clause that...more

Dunlap Bennett & Ludwig PLLC

Restaurant Group Gets a Break on Its Rent During COVID-19 Pandemic

On June 2, 2020, the Northern District of Illinois Bankruptcy Court addressed landlord-tenant debt obligations issues in light of the COVID-19 pandemic in its decision for In re: Hitz Restaurant Group. The Court held that the...more

Gould + Ratner LLP

5 Things You Need to Know About the Recent Illinois Ruling on Force Majeure and COVID-19

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The first reported substantive ruling by a judge sitting in Illinois on the legal implications of whether COVID-19 and the resulting governmental shelter-in-place orders relieve a tenant’s obligation to pay rent pursuant to a...more

Ballard Spahr LLP

Recent Bankruptcy Court Case the First to Provide Pandemic-Related Rent Relief to a Tenant Under a Force Majeure Clause

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The United States Bankruptcy Court for the Northern District of Illinois – Eastern Division recently held that a lease’s force majeure clause sustained a claim for rent abatement arising out of the COVID-19 pandemic. Both...more

Miller Canfield

Bankruptcy Court Says Force Majeure Clause Partially Excuses Rent Payment Due To COVID-19 Executive Order

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Restaurants, retail stores, and other businesses around the country have been uniquely hit by COVID-19 - and by the executive orders shuttering their in-person services that quickly followed in its wake. Recently, the United...more

Blank Rome LLP

COVID-19 Effect on Commercial Landlord-Tenant Law: A 50 State Review and Practical Guide to Negotiating Lease Modifications

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The widespread impact of the COVID-19 pandemic on the ability of businesses to continue operations in leased spaces should prompt landlords and tenants to have an open dialogue toward practical solutions. Because no current...more

Seyfarth Shaw LLP

New CA Law Requires Disclosing Known ADA Violations During Lease Negotiations

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Seyfarth Synopsis: In yet another effort to reduce ADA lawsuits, California Governor Jerry Brown recently signed into law – effective immediately – legislation to encourage tenants and landlords to acknowledge and address any...more

Nutter McClennen & Fish LLP

Terminating a Distressed Tenant’s Lease? Plan Now to Defend a Possible Bankruptcy Avoidance Action Later

Landlords contemplating terminating a lease with a distressed tenant in advance of a possible tenant bankruptcy will want to consider carefully a recent decision from the Seventh Circuit. The decision, In re Great Lakes Quick...more

Cozen O'Connor

Seventh Circuit Holds Pre-Bankruptcy Termination of Lease May Be Avoidable Transfer

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Landlords dealing with troubled tenants often enter into termination agreements that dictate terms for the consensual terminations of unexpired leases. Among other benefits, such termination agreements provide certainty and...more

Goulston & Storrs PC

Change in Lease Accounting Rules to Have Major Impact for Retailers, and Ultimately, Landlords Too

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Rules governing the way leases are accounted for on balance sheet rules are expected to change in the first quarter of 2016 with major implications for retailer tenants and longer term implications for landlords....more

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