As we’ve previously written, complications arise for foreign sovereigns (States) and private companies when they structure commercial transactions. States prefer to hold as much of their immunities as is possible, while...more
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
12/7/2020
/ Anti-Harassment Policies ,
Commercial Leases ,
Commercial Property Owners ,
Commercial Tenants ,
Constitutional Challenges ,
Contracts Clause ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
First Amendment ,
Free Speech ,
Harassment ,
Infectious Diseases ,
Landlords ,
Rental Property ,
State and Local Government
As discussed in previous updates, COVID-19 has brought the concept of force majeure to the forefront across multiple practice areas. As the pandemic-caused shutdowns began, scholars and businesses alike re-examined the...more
9/25/2020
/ Breach of Contract ,
Commercial Tenants ,
Contract Terms ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Eviction ,
Failure To Pay ,
Financial Distress ,
Force Majeure Clause ,
Infectious Diseases ,
Insurrection ,
Landlords ,
Rent
As discussed in our last update, the legal landscape continues rapidly to evolve in response to COVID-19. Six recent decisions, summarized below, highlight the continuing uncertainty as to the application of certain laws and...more
8/12/2020
/ Business Disputes ,
Contract Terms ,
Coronavirus/COVID-19 ,
Force Majeure Clause ,
Foreclosure ,
Frustration of a Common Purpose ,
Landlords ,
Real Estate Market ,
Right To Cure ,
Safety Standards ,
Tenants
On May 26, 2020, two bills recently passed by the New York City Council were signed into law by New York City Mayor Bill de Blasio. The new laws, among other things, restrict Landlord’s rights under existing commercial leases...more
Much has been written about the general applicability of the frustration of purpose, impossibility, and impracticability doctrines to performance of leases and other contracts in the wake of COVID-19....more
As discussed in prior updates, lawmakers in New York previously introduced bills that would, if enacted, temporarily suspend rent payments for certain residential and small business commercial tenants unable to pay rent due...more
4/13/2020
/ Borrowers ,
Commercial Leases ,
Commercial Property Owners ,
Commercial Tenants ,
Coronavirus/COVID-19 ,
Debt-Relief Industry ,
Eviction ,
Landlords ,
Lenders ,
Moratorium ,
New York ,
Nonprofits ,
Relief Measures ,
Rent ,
Rental Property ,
Small Business ,
State and Local Government ,
Tenants ,
Waivers
As set forth in our prior update, commercial tenants in New York may not be able to establish a breach of the covenant of quiet enjoyment because of the ongoing pandemic, subject to specific lease language....more
4/6/2020
/ Commercial Leases ,
Coronavirus/COVID-19 ,
Eviction ,
Foreclosure ,
Landlords ,
Moratorium ,
Mortgage Lenders ,
Mortgages ,
Property Owners ,
Release of Liability ,
Relief Measures ,
Rent ,
Rental Property ,
Residential Leases ,
Small Business ,
State of Emergency ,
Tenants
Many leases for commercial property contain an express covenant of “quiet enjoyment,” which typically provides that the property owner may not interfere with the tenant’s use and occupancy of the property so long as the...more
The ongoing COVID-19 pandemic raises the question of whether landlords having leased properties for commercial uses can be held liable for injuries sustained when someone—whether employees of the commercial tenant or someone...more