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Commercial Leases Financial Distress

Arnall Golden Gregory LLP

Restructuring Roundup - June 2025

AGG’s Restructuring Roundup newsletter is a monthly update of legal issues and news affecting or related to commercial litigation and bankruptcy. The newsletter is a curation of published articles and news, and contains...more

Tarter Krinsky & Drogin LLP

New York City’s “Guaranty Law” is Held to be Unconstitutional and Unenforceable

In a highly-anticipated decision, Judge Ronnie Abrams of the United States District Court for the Southern District of New York ruled on March 31, 2023, in Melendez v. City of New York, that New York City's Guaranty Law is...more

Lowndes

Six Tips for Lenders Foreclosing a Shopping Center

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Foreclosing on a mall or shopping center presents unique issues for a lender. Failing to anticipate these issues could cause problems, such as a lengthier foreclosure process or a lower resale value after the foreclosure....more

Cadwalader, Wickersham & Taft LLP

Summer's Coming, May 2021 | Issue No. 24A - Further Blow to the Landlords? The Virgin Active Case and the New Restructuring Plan...

It’s not news that the COVID-19 pandemic has exacerbated losses in sectors that are reliant on footfall − namely, the retail and leisure industry. Prior to the pandemic, the general weakness in the “bricks and mortar” retail...more

Holland & Knight LLP

Congress Enacts Temporary Bankruptcy Relief Related to COVID-19

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Congress passed new, temporary bankruptcy relief measures late last year that impact certain commercial landlords and tenants. Among other things, the new legislation, which was signed into law on Dec. 27, 2020: 1) extends...more

Holland & Knight LLP

Massachusetts Court: Café's Rent Excused by COVID Orders That Frustrated Lease's Sole Purpose

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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

Hogan Lovells

"Final extension" of temporary prohibition on filing statutory demands and winding up petitions

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In a not unexpected move with restrictions on the general public expected to remain well into the New Year the Government has extended the protections for commercial tenants and the restrictions on filing statutory demands...more

Pullman & Comley, LLC

Can a Lease Terminated Under State Law be Revived in the Tenant's Bankruptcy?

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In these troubled times when lease and other contract defaults, as well as bankruptcies, abound, it may be useful to reexamine what happens to a lease of commercial real estate when it has been terminated in accordance with...more

Cadwalader, Wickersham & Taft LLP

COVID-19 Update: Executive Order Extending Moratorium on Commercial Evictions until January 1, 2021

On October 20, 2020, in response to the continued health and economic hardships faced by New York business owners due to the COVID-19 pandemic, Governor Cuomo signed a new executive order extending the Statewide moratorium on...more

Williams Mullen

[Webinar] CLE Institute - What’s Keeping You Up at Night? Business Risks of COVID-19 - November 5th, 11:00 am - 12:30 pm ET

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Your company has navigated the first six months of COVID, but what is around the corner? In this program, our lawyers will provide some clarity around the various legal issues that are, or could be, affected as we move...more

Goulston & Storrs PC

Bankrupt Retailers Seek Extraordinary Relief in Time of COVID

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The COVID-19 pandemic has forced big-name brands to pursue unique strategies to secure fiscal relief. Even prior to the pandemic’s outbreak, certain retailers experienced financial difficulties and filed for Chapter 11...more

Morrison & Foerster LLP

New York State Extends Protections For Commercial And Residential Tenants And Mortgagors

On September 18, 2020, New York Governor Andrew Cuomo signed Executive Order 202.64, extending the moratorium on evictions and foreclosure actions against commercial tenants and owners facing financial hardship due to...more

Burr & Forman

Rough Ride Ahead for Alabama Landlords and Tenants Despite Reopening Efforts

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Like the majority of the country, Alabama essentially shuttered its economy in March in an effort to curb the rapid spread of COVID-19. As of July 2020, the State of Alabama began rapidly reopening for business, and retail...more

White & Case LLP

Will 2020 See A Take Off for Turnover Rents In UK Real Estate?

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One of the many consequences of the COVID-19 pandemic will be the long term effect on the landlord and tenant relationship. The concept of a landlord who passively collects rent on the basis of a 10-year (or more) lease term...more

Goulston & Storrs PC

Court Partially Excuses Tenant’s Rent Obligations During COVID Shutdown

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In the social and economic fallout from COVID, businesses are assessing how best to address their commercial relationships, especially where potentially insurmountable barriers to performance loom large. One clause that...more

Best Best & Krieger LLP

Commercial Landlords and Tenants Should Work Together During COVID-19

How to Not Let Unpaid Rent Ruin the Financial Relationship - We’re a long way from those early COVID-19 pandemic days when California businesses were ordered closed and emergency regulations were enacted to stop evictions....more

Goulston & Storrs PC

Considering Lease Concessions In The Face Of A Tenant Bankruptcy

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Landlords are receiving a deluge of requests to provide rent relief to commercial tenants whose operations have either been closed or substantially restricted as a result of state and local governments’ COVID-19 stay-at-home...more

Nossaman LLP

SB 939: Relief for Commercial Tenants Could Spell Disaster for Landlords

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On May 22, 2020, the California Senate Judiciary Committee passed Senate Bill 939 (SB 939), a bill intended to provide relief to certain commercial tenants (as more particularly discussed later in this alert) from economic...more

Hogan Lovells

UK COVID-19: Landlords take note – this is not a wind up

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RE: A COMPANY (INJUNCTION TO RESTRAIN PRESENTATION OF PETITION) - The court considered an application for an injunction in light of the new Corporate Insolvency and Governance Bill 2020 (“CIGB”), which was published on 20...more

Orrick, Herrington & Sutcliffe LLP

NYC Council Approves Legislation to Aid Small Retail Businesses Affected by COVID 19 Pandemic

Certain guarantors of restaurant, retail, and other commercial leases in New York City may soon be off the hook for tenant defaults occurring during the COVID-19 pandemic, thanks to a bill recently passed by the New York City...more

Jaburg Wilk

What Happens to the Other Tenants when the Anchor Tenant Leaves the Mall?

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When a commercial tenant leases space in a shopping center or mall, a primary consideration for the tenant is the expected benefit to their business of the foot traffic from the customers that will be attracted to the other...more

Lowenstein Sandler LLP

30 Questions To Ask Now Before Extending Credit

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Now is the time to be extra vigilant and to carefully watch over the creditworthiness of your customers. Assume that all of your customers are in, or soon will be in, financial distress. If they have not called you yet to...more

NAM (National Arbitration and Mediation)

The Neutral Facilitator - The Solution For Equitable and Fair Resolutions During Troubling Times

What Day is it?  Is it Tuesday?   No, It's Sunday. How was I able to solve this conundrum?   A question many of us have asked ourselves when all structure seems to have gone out of our lives in the last few weeks, so we...more

Greenberg Glusker LLP

Real Estate Concerns in the Time of Coronavirus

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The Coronavirus has been spreading across the globe. However, until recently, its impact on businesses in the United States has largely been a result of circumstances occurring elsewhere in the world, such as disruptions in...more

Rivkin Radler LLP

Proposed NY Bill to Offer Relief to Both Owners and Tenants

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On March 23, 2020, New York Senate Deputy Leader Michael Gianaris introduced proposed legislation which, if adopted, would expand upon the unprecedented Executive Order issued by Governor Andrew Cuomo on March 20, 2020,...more

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