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Nearly four years after the depths of the COVID-19 pandemic, issues concerning the legal consequences of executive and legislative orders shutting down business operations are still working their way through appellate courts...more
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
What is one way to prepare for the unexpected? A force majeure clause. The COVID-19 pandemic is the latest historical event that could neither be anticipated nor controlled by contracting parties at the time of contracting....more
Key Points - - An arbitration scheme for commercial landlords and tenants was introduced during March 2022 under the Commercial Rent (Coronavirus) Act 2022 with the aim of resolving disputes over outstanding rent arrears...more
In the first Pennsylvania appellate case addressing the effects of government-ordered business closures due to the Covid-19 pandemic on a commercial lease default, the Pennsylvania Superior Court has held that the traditional...more
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
Dieser Beitrag kommentiert die jüngste Rechtsprechung des BGH zum Thema pandemiebedingte behördlich angeordnete Betriebsschließungen und deren Auswirkungen auf die Mietzinszahlungspflicht von Gewerbemietern....more
Zusammenfassung der bisher ergangenen Rechtsprechung zu § 313 Abs. 1 BGB Es wird spannend… anstehende mündliche Verhandlung des BGH zur Störung der Geschäftsgrundlage (§ 313 Abs. 1 BGB) im Zusammenhang mit der Covid-19...more
A further judgment has been handed down in respect of COVID-19 rent arrears. Implied terms, failure of consideration and set-off, were all cited as reasons why the tenant ought not to pay its rent during periods of...more
On June 29, 2021, in The Gap, Inc. v. 170 Broadway Retail Owner, LLC, the New York Appellate Division, First Department, overturned an earlier decision by the New York Supreme Court and issued a decisive victory to commercial...more
On July 20, 2021, the San Francisco Board of Supervisors unanimously approved an amendment to the San Francisco Commercial Eviction Moratorium Ordinance (Moratorium Amendment) codifying a legal presumption to potentially...more
The moratorium on landlords evicting commercial tenants has been extended by a longer period than many had expected, to March 2022. Landlords and tenants will also be compelled to enter into arbitration proceedings if they...more
30 June 2021 will be a date no doubt circled on many calendars as being the date when landlords in England currently expect to be able to reassert some control following the end of the “temporary” measures proposed and...more
In a survey of cases in federal, state and bankruptcy courts, commercial tenants seeking to delay or excuse the payment of rent because of pandemic-related downturns in business sometimes looked to the equitable doctrines of...more
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
Two recent cases from New York state court came out on opposite ends of the landlord-tenant and landlord-guarantor divides over COVID-19-related commercial lease disputes. On the pro-landlord end of the spectrum, in Mept 757...more
The Financial Conduct Authority v Arch Insurance (UK) Ltd and others [2021] UKSC 1 - What was it about? ..The Supreme Court gave its view on various business interruption insurance policy clauses. ..The case was...more
As the pandemic has evolved, so too has the number and complexity of the questions arising in force majeure disputes. Regardless of whether a party is seeking to invoke, or defend against invocation of, a force majeure...more
As pandemic-related shutdowns battered the retail and restaurant industry, many tenants avoided defaulting on their leases by negotiating a lease workout. These agreements often provided tenants some much-needed rent relief...more
Recently, in Valentino U.S.A., Inc. v. 693 Fifth Owner LLC, Justice Andrew Borrok of the New York County Commercial Division dismissed a complaint brought by Valentino U.S.A., Inc. (“Valentino” or “Tenant”), which sought to...more
In April and May of 2020, the unprecedented challenges resulting from the COVID-19 pandemic and the related mandatory closures and restrictions on operations began to be felt by retail tenants across the United States. As a...more
A Massachusetts Superior Court judge recently ruled that the doctrine of frustration of purpose excused Caffè Nero, a high-end coffee shop, from paying rent while its business was shuttered by government mandate. Although the...more
CASES OF NOTE THE SECRET'S OUT Victoria’s Secret Stores, LLC v. Herald Store Owner LLC, 70 Misc. 3d 1206(A) (N.Y. Sup. Ct. Jan. 7, 2021) A New York court recently held that a retailer’s closure due to a state law imposed...more
Does the owner bear the risk in case of bankruptcy? Due to the tense situation in the hotel industry, various lessees are currently approaching their lessors asking for deferral or abatement of rent payments for the...more
The Corona Crisis has hit the real estate market in general, but in particular it is impacting the retail and hospitality sectors. The scale and business relevance of the Corona Crisis is somehow unprecedented, and therefore...more