News & Analysis as of September 25, 2024

Business Closures

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Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms helping to make sense of insurance, employment, tax, securities, M&A, risk management, and every other consideration touched by this crisis. Follow the channel for a daily email brief of the latest and best updates. less -

Florida Appellate Court Says Tenant Cannot Use Force Majeure Clause as Weapon Against Landlord

Burr & Forman on 5/19/2023

Last week, Florida’s Second District Court of Appeals handed down a pro-landlord decision arising out of the COVID-19 pandemic. See Fitness International, LLC v. 93FLRPT, LLC, No. 2D22-1182, May 10, 2023. One week later...more

The Importance Of Lease Drafting: Lease Language Takes Center Stage In “Cinemex”

Weintraub Tobin on 4/6/2021

When in the throes of protracted lease negotiations, frustrated clients often ask me whether a proposed term is truly necessary to the contemplated transaction. Most clients start these discussions with the goal of achieving...more

Post Pandemic Considerations - Real Estate Contracts

Amundsen Davis LLC on 2/26/2021

If we have learned any lesson from 2020, it is to be prepared for the unexpected. This applies to drafting real estate contracts. Breaks in the supply or performance chain necessary to ongoing business operations can cause a...more

Corona virus as a force majeure event in hotel lease agreements

Hogan Lovells on 1/29/2021

Corona virus as a force majeure event in hotel lease agreements - Rent payment and business interruption insurance - Since the hotel industry is severely affected by the current situation due to the new corona virus...more

Shutdown of hotel operations due to COVID-19 "Corona Virus" - Force Majeure?

Hogan Lovells on 1/29/2021

Shutdown of hotel operations due to COVID-19 "Corona Virus" - Force Majeure? The COVID-19 "corona virus" pandemic keeps almost the whole world in suspense. The effects on the global economy are not yet foreseeable. ...more

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

Seyfarth Shaw LLP on 12/16/2020

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

Mounting A Successful COVID-19 Force Majeure Argument

Lowenstein Sandler LLP on 9/28/2020

As the economic effects of COVID-19 rage on, litigants are seeking to excuse contractual performance by invoking force majeure clauses. To date, there is a limited universe of applicable decisions, and the rulings reaffirm...more

COVID-Confusion: Force Majeure and Executive Orders

Shutts & Bowen LLP on 9/25/2020

Amid the unprecedented conditions that businesses have been forced to operate under, real estate and construction professionals in particular may be struggling to navigate pandemic related legal challenges in their markets....more

Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters

Fisher Phillips on 8/21/2020

This article addresses many employment-related issues facing employers in the wake of hurricane-related disasters; consequently, in addition to federal laws, we also focus on certain state laws, especially those in the areas...more

COVID’s Lasting Impacts on Construction and Real Estate Trends

Brooks Pierce on 8/12/2020

The COVID-19 pandemic is impacting every facet of the economy, including commercial construction and real estate. While the depth of some of the impacts may not be known for months, if not years, there are several emerging...more

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

Dunlap Bennett & Ludwig PLLC on 8/4/2020

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

Williams Mullen's COVID-19 Comeback Plan: Landlord and Tenant Negotiations for Existing Commercial Leases Amid the COVID-19...

Williams Mullen on 7/20/2020

Real Estate Partners Alyssa Carducci Embree and Robby Lawson discuss the responsibility for rent relief during a forced closure, landlord/tenant workouts for tenant’s continued operation in the premises, and tenant exit...more

Level 10 Construction v. Sea World LLC: Can Force Majeure Save Sea World?

Troutman Pepper on 7/9/2020

On June 8, 2020, Level 10 Construction, LP (“Level 10”), a construction company hired by Sea World San Diego (“Sea World”), filed a Complaint in California federal court alleging that Sea World is withholding over $3.2...more

Force Majeure Clause Hitz The Spot For Restaurant Tenant

Tonkon Torp LLP on 6/29/2020

In previous updates Tonkon Torp attorneys have addressed the applicability of Force Majeure clauses in commercial contracts. As expected, commercial renters are taking a beating, and many have been forced to close as a result...more

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

Miller Canfield on 6/23/2020

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

Illinois Bankruptcy Court Takes First Swing at Applying Force Majeure to Nonperformance Due to COVID-19

Cohen & Gresser LLP on 6/18/2020

With the onset of closures and quarantines early this year due to the spread of COVID-19, businesses across the country were confronted with the issue of how to perform their contractual obligations while they were unable to...more

Membership Fee Refund Class Actions Hitting the Office, the Gym, the Club, and the Park

Seyfarth Shaw LLP on 5/29/2020

One of the immediate legal trends arising from the shut down of all non-essential activities has been disputes concerning consumer refunds, with many class action suits against professional sports leagues, ticket brokers,...more

Managing Contractual Performance in Times of Sanitary Crisis: The Spanish Law Perspective

White & Case LLP on 5/14/2020

The unprecedented health crisis arising from the novel Coronavirus disease (“COVID-19”) and measures enacted by the Spanish Government to contain the spread, has in some cases affected contractual performance. The...more

Contract Corner: Drafting a Force Majeure Clause in the COVID-19 Era

Morgan Lewis - Tech & Sourcing on 5/13/2020

The conditions created by the coronavirus (COVID-19) pandemic and resulting government shutdown orders have raised questions across various industries regarding contractual rights and obligations during the crisis. One...more

In IP Licensing, The Pandemic Poses Perils For Both Sides

Fox Rothschild LLP on 5/6/2020

Unexpected business closures can have a disruptive effect in the context of intellectual property licenses, particularly if the license includes a provision whereby one party agrees to sell a minimum number of goods within a...more

Is COVID-19 A Force Majeure Event That Excuses Performance On Renewable Energy Construction Projects?

Husch Blackwell LLP on 5/6/2020

Like other segments of the economy, the renewable energy industry is dealing with the impacts of the COVID-19 pandemic. Several states still have restricted business activities and are only now considering lifting those...more

My Business is Using Less Power Due to COVID-19; Why is My Electric Bill So High? Things You Can Do to Lower Your Bill

Pullman & Comley, LLC on 5/5/2020

If your business is closed or partially shut down, but your power bill is still high, your supplier might be charging you for power you didn’t use! ...more

7 Ways to Check If Coronavirus Triggers ‘Force Majeure’ Clauses in Your Wine Business Contracts

Farella Braun + Martel LLP on 5/4/2020

Never in the experience of most of us has an event so thoroughly interrupted business as usual as the coronavirus pandemic. The wine business runs on contracts: grape purchase agreements, event hosting contracts, vineyard...more

COVID-19 and Retail Tenants — Early Lessons Learned

Seyfarth Shaw LLP on 4/24/2020

On March 13, 2020, the United States declared a national emergency related to the rapid, global spread of COVID-19, the disease caused by the novel coronavirus, SARS-CoV-2. The retail industry has been feeling the fall-out...more

COVID-19: Russia’s Supreme Court provides clarifications on the impact of COVID-19 related measures on contract performance and...

Dechert LLP on 4/24/2020

On April 21, 2020, the Presidium of the Supreme Court of the Russian Federation issued an “Overview of selected issues of judicial practice, related to the application of legislation and measures to stop the spread of the...more

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