News & Analysis as of

Risk Mitigation Landlords

Whitman Legal Solutions, LLC

Rent Control’s Unintended Consequences

Our country continues to experience economic conditions triggered by a worldwide pandemic and subsequent inflation. These conditions have mostly been outside of anyone’s control. Yet, when government officials see their...more

Saul Ewing LLP

Mandatory Disclosure Rules for All New Jersey Sellers and Landlords of Residential, Commercial and Industrial Property

Saul Ewing LLP on

Introduction - Flood risks in New Jersey are growing due to the effects of climate change. Coastal and inland areas may experience significant flooding now and in the near future, including in places that were not previously...more

Latham & Watkins LLP

“Ki(c)k“ boxing between tenants and landlords on rent payment obligations during Covid-related business closures continues even...

Latham & Watkins LLP on

This week, the Federal Court of Justice (BGH) issued its eagerly awaited judgment on rent payment obligations during COVID-related business closures. The judgment eases, at least in part, landlords and tenants’ uncertainty...more

Cadwalader, Wickersham & Taft LLP

Springing Forward, March 2021 | Issue No. 22 - COVID-19 Update: Federal Eviction Moratorium Struck Down

On February 25, 2021, the United States District Court in the Eastern District of Texas (“Texas Court”) granted summary judgment in favor of the plaintiffs in Lauren Terkel et al. v. Centers for Disease Control and Prevention...more

Morgan Lewis

Top Questions for Retailers in the United Kingdom Amid COVID-19

Morgan Lewis on

Key questions and issues facing the UK retail sector, an industry that has been acutely impacted by the coronavirus (COVID-19) pandemic, include mitigation strategies, reopening in line with government guidance, and future...more

Farella Braun + Martel LLP

[Webinar] Real Estate Webinar Series - Dispute Resolution - September 1st - 3rd, 3:00 pm - 4:00 pm PT

As businesses in the real estate industry grapple with the fallout of the coronavirus pandemic, disputes are on the rise. Understanding your contractual rights early on can help you minimize your litigation risks and exposure...more

Rosenberg Martin Greenberg LLP

Co-Tenancy Clauses in a COVD-19/Post-COVID-19 World: Preparing for the "New Normal"

Co-Tenancy clauses have historically been included mainly in leases for mall and shopping center tenants (i.e., retail centers with big-box tenants, such as Dick’s Sporting Goods).  While the landscape for retail shopping...more

Rivkin Radler LLP

Landlords: Take These Steps Now to Preserve Your Income

Rivkin Radler LLP on

Local, state and federal governments have taken unprecedented measures to control the spread of coronavirus (COVID-19), measures that will negatively impact the real estate industry in the state. Last week, New York Governor...more

Sheppard Mullin Richter & Hampton LLP

Commercial Real Estate Tips of the Week: Practical Answers from Sheppard Mullin’s Coronavirus Task Force

Well, it’s been quite a week for all of us! Our national real estate team has compiled the top COVID-19 questions we received from our clients. The following is a summary of our guidance and suggested action items: Q: A...more

Brooks Pierce

What is Hemp? Is It Even Legal?

Brooks Pierce on

Hemp and cannabidiol (CBD) products are dominating the airwaves and the marketplace, and North Carolina has been at the forefront, ranking sixth in the nation in acres of hemp produced in 2018. Many predict that the market...more

Gray Reed

Commercial Lease Assignments: A Tale Of Two Leases And Landlord’s Right To Recapture

Gray Reed on

An Overview of Assignment Rights - Commercial leases typically contain standard protections for landlords that may be potential pitfalls for tenants seeking to assign or transfer interests in a lease. A lease recapture...more

Whitman Legal Solutions, LLC

Cobras, Mortgages, and Violas: What are Your Contracts and Policies Incentivizing?

Recently, I heard a parent express concern that her child had been encouraged by the school music teacher to switch from violin to viola because the orchestra needed more violas. For switching to viola, the child would...more

Troutman Pepper

Commercial Evictions: Mitigation in Commercial Lease Defaults

Troutman Pepper on

When negotiating a commercial lease, one party or both parties often raise the issue of mitigation, generally meaning to make less severe. In the commercial lease context, it is most often discussed in the defaults and...more

Polsinelli

Surviving the Retail Shift: Part 2 of a 5 Part Series – A Landlord’s Duty to Mitigate its Damages

Polsinelli on

In Part I of this five part series, we addressed managing the legal process to help commercial landlords achieve the most efficient results when dealing with defaulting retail tenant. But, what happens once the shopping...more

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