News & Analysis as of

Landlords Leases Breach of Contract

McGlinchey Stafford

Is My Electronic Signature Valid? - Commercial Law Bulletin - June 10 2022

McGlinchey Stafford on

Ohio- Uniform Trade Secrets Act Sal’s Heating & Cooling, Inc. v. Bers Acquisition Co., 8th Dist. Cuyahoga No. 110685, 2022-Ohio-1756- In this appeal, the Eighth Appellate District affirmed the trial court’s decision,...more

Hogan Lovells

What is Duvalue of an absolute covenant in a lease?

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On 6 May 2020, the Supreme Court handed down its judgment in the case of Duval v 11-13 Randolph Crescent Limited [2020] UKSC 18.  ...more

Womble Bond Dickinson

Negotiating Leases and LOIs During the Novel Coronavirus Pandemic

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Delivery and Rent Commencement - As companies struggle to adjust to the quickly changing business landscape during the novel coronavirus pandemic, those office tenants that continue letter of intent (LOI) and lease...more

Fox Rothschild LLP

PA – Tenants May Face Uphill Battle To Invoke Force Majeure Protections

Fox Rothschild LLP on

Government mandates aside, tenants to a lease governed by Pennsylvania law may face an “uphill battle” to invoke force majeure protections — used to allocate risk that is considered beyond a party’s control — whether or not...more

Farrell Fritz, P.C.

How Does the Coronavirus Pandemic Affect Your Lease Obligations?

Farrell Fritz, P.C. on

Are you a commercial tenant? Has the coronavirus pandemic prompted you to consider temporarily closing your physical location? Does your lease have a “continuous operations” provision?...more

Allen Matkins

Court Holds Assignment Vitiates Contract Provision Limiting Damages

Allen Matkins on

Yesterday, a division of the California Court of Appeal came to the rather surprising conclusion that an assignment of a contract deprived the assignor of the benefit of a contractual limitation on liability. Gietzen v....more

Miller Starr Regalia

Got Privity? Understanding Privity Of Estate And Privity Of Contract In California Real Property Leases

Miller Starr Regalia on

Parties to real estate contracts often change over time, whether as the result of an assignment, financing, or otherwise. Relatedly, additional parties (beyond those named in the underlying contract) may claim a property...more

Snell & Wilmer

Frustration of Purpose: A Frustrating Doctrine

Snell & Wilmer on

Next Gen Capital, LLC v. Consumer Lending Associates, LLC illustrates the difficulty a tenant faces when trying to avoid liability for breaching a lease based on the “frustration of purpose” defense. No. 1 CA-CV 12-0624...more

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