SDNY Chooses “Time Approach” to Calculating Lease Termination Damages Collectible Against a Bankrupt Estate
Briefcase: Quarterly Real Estate Update - Cases and News including: ..The Royal Parks Limited and the Secretary of State for Digital, Culture, Media and Sport v Bluebird Boats Limited ..Monsolar IQ Ltd v Woden Park...more
The advent of the COVID-19 virus and related shut-downs that commenced in early 2020 have had a dramatic impact on commercial real estate throughout the United States and resulted in numerous high profile lawsuits. ...more
The United States District Court for the Southern District of New York (the “Court”) decided in Gap Inc. v. Ponte Gadea N.Y. LLC on March 8, 2021 that a retail tenant will not be able to use the COVID-19 pandemic as an excuse...more
As written here (and elsewhere), the COVID era has raised housing law issues nobody had thought of until March 2020. While there are recently approved vaccines, until those vaccines are widely distributed to the American...more
Der Deutsche Bundestag hat im Anschluss an den Beschluss der Bundeskanzlerin mit den Regierungschefinnen und Regierungschefs der Länder am 17. Dezember 2020 ein Gesetz zur Anpassung pandemiebedingter Vorschriften u. a. im...more
As COVID-19-related force majeure litigation continues to arise in both common and civil law jurisdictions, we take a first look at the approach to force majeure in civil law jurisdictions as compared to the common law...more
The pandemic has significantly impacted the real estate sector. With a surge in the number of employees who work from home, the demand for office space has softened. At the same time, growth in e-commerce has exploded,...more
“When will I be required to return to the office?” is one of the most common questions employers hear from their employees these days. The answer to this question varies by industry and specific employer. For example, the...more
Moritt Hock & Hamroff has been following the impact of the COVID-19 pandemic on creditors’ rights. On May 21, 2020, we reported on the pandemic’s impact on Uniform Commercial Code (“UCC”) Article 9 sales — specifically,...more
Unlike the Great Recession in 2008, landlords and tenants responding to the negative economic impact of the COVID-19 health crisis appear to be focusing more on rent relief as opposed to strict interpretation and enforcement....more
What actions are available to the landlord in the event of COVID-19-based rent payment defaults? As a result of the legal amendments on German tenancy law that were passed in March 2020 in connection with the COVID-19...more
Today, the Senate Appropriations Committee voted to send SB 939 to the Senate Suspense file for further evaluation. Senator Scott Wiener attended the hearing and advised the committee that he is working on significant...more
I wanted to offer up two related COVID-19 fair housing scenarios I have seen recently in my discussions with apartment management clients. As written here (and elsewhere) regularly, our Fair Housing Act (FHA) requires...more
Seyfarth Synopsis: On May 22, 2020, the California Senate’s Judiciary Committee voted to approve an amended version of Senate Bill 939 Emergencies: COVID-19: Commercial Tenancies: Evictions (“SB 939”)....more
Lease terminations may result in fraudulent transfer claims. Lease terminations should document that the tenant is receiving reasonably equivalent value in exchange for rent forgiveness, relinquishing the premises and...more