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Troutman Pepper COVID-19 Legal Issues Podcast Series: COVID-19 Commercial Leasing Trends (Part Two)
Law Brief®: Debra Bodian Bernstein and Richard Schoenstein Discuss Commercial Lease Defaults During COVID-19
COVID-19 Commercial Leasing Trends (Part One)
Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies
Williams Mullen's COVID-19 Comeback Plan: Landlord and Tenant Negotiations for Existing Commercial Leases Amid the COVID-19 Pandemic
Taking it Seriously: Unusual Lease Violations in Virginia
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
Earlier this year, Money and Dirt covered a then recent case, West Pueblo Partners, LLC v. Stone Brewing Co., LLC, which was one of the first California cases dealing with the aftermath of the Covid-19 pandemic and the legal...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
A few months ago, a Commercial Division court granted summary judgment in favor of the plaintiff-landlord in a case involving a commercial lease for a gym that was closed due to COVID-19 restrictions. The decision in Amherst...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
Please join Troutman Pepper for the second installment of its COVID-19 Commercial Leasing Trends Podcast series on legal and business issues confronted by companies in light of the COVID-19 pandemic. Moderated by Troutman...more
The COVID-19 pandemic has strained commercial landlord-tenant relationships across the United States. As the courts wade their way through the backlog of lawsuits filed in 2020, there are a growing number of decisions...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 lingerie brand Victoria’s Secret (“VS”) has struggled in recent years. VS’ overtly sexy aesthetic has failed to keep up with shifting consumer tastes towards comfort and gender and size inclusivity....more
A recent Chuck E. Cheese decision rejects the debtor’s/tenant’s request to avoid paying rent based upon state law equity arguments. CEC’s leases expressly do not permit rent relief even if force majeure is triggered. ...more
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
Troutman Pepper COVID-19 Legal Issues Podcast Series Troutman Pepper is producing a series of podcasts on legal and business issues faced by companies during the COVID-19 pandemic. This episode features Troutman Pepper...more
Commercial tenants: remember that extensive and wholly uninteresting document entitled “Lease Agreement” that you scanned, signed and then shoved into a file folder and never thought of again? Well, it’s making a comeback....more
Much has been written about commercial real estate in a post-Covid world. As real estate users consider how Covid will change their space needs, they should also consider what provisions will serve them in future...more
Le 16 juillet 2020, la Cour supérieure du Québec (la « Cour ») a rendu un jugement particulièrement intéressant dans l’affaire Hengyun International Investment Commerce Inc. c. 9368-7614 Québec inc. Dans sa décision, le juge...more
If you are a new or emerging business owner beginning the process of finding a suitable property to lease, it is important to be critical of the lease provided by the landlord. You should also attempt to negotiate each...more
On July 16, 2020, the Superior Court of Quebec (Court) issued a noteworthy judgment in the matter of Hengyun International Investment Commerce Inc. v. 9368-7614 Québec inc. In this judgment, Justice Kalichman interpreted the...more
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
In the wake of COVID-19, commercial landlords are facing unprecedented challenges as they strive to mitigate new risks while maintaining the rapport they have built in their professional communities and with their tenants. ...more
To curtail the spread of COVID-19, states and local governments have implemented a tidal wave of restrictions including mandatory stay home orders, closures of "nonessential" businesses, as well as occupancy regulations. ...more
The first reported substantive ruling by a judge sitting in Illinois on the legal implications of whether COVID-19 and the resulting governmental shelter-in-place orders relieve a tenant’s obligation to pay rent pursuant to a...more
The United States Bankruptcy Court for the Northern District of Illinois – Eastern Division recently held that a lease’s force majeure clause sustained a claim for rent abatement arising out of the COVID-19 pandemic. Both...more
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
New York courts are resuming some operations, but eviction proceedings, including for violations of commercial leases, are still suspended. However, those contracts — and the obligations they created — still exist. ...more
COVID-19 has placed many landlords and tenants between the proverbial rock and hard place. Tenants are trapped among rent, TICAM and other monetary obligations under their leases, as well as public health orders mandating the...more