In most states, the force majeure event must have proximately caused the delay or deficiency in performance. In Tour de Force: When Is COVID-19 the Cause of Nonperformance?, colleagues Andrew C. Smith, Anne C. Lefever, Brian L. Beckerman, Stephanie S. Gomez, Colin Davis, and Eugenie Dubin discus how causation considerations may impact force…
Articles Posted in Real Estate
Virginia First to Adopt COVID-19 Workplace Safety Mandates
Virginia has adopted statewide emergency workplace safety standards, the first in the nation, to prevent and mitigate the spread of COVID-19. In client alert “Virginia Adopts First COVID-19 Workplace Safety Mandates“, colleagues Mario F. Dottori, Julia E. Judish, Sarah Konnerth and Kristina Sgambati discuss the Coronavirus-related workplace safety mandates adopted by…
Force Majeure Triggered by COVID-19 Executive Order
Illinois Governor’s Executive Order prohibited sale of food or beverages for on-premises consumption held to partially excuse restaurant tenant’s rent payment obligations. In “Court Holds COVID-19 Executive Order Triggers Lease’s Force Majeure Clause, Excusing Some Rent Obligations,” colleagues David L. Miller, Patrick J. Potter, Jessica H. Lee, and Katherine Sauter examine the…
Simplifying the Main Street Lending Program
In this blog post, colleagues, Joel M. Simon, Matthew Oresman, Kenneth Suh, Russell DaSilva, and Gloria H. Kim provide a simplified decision tree to assist you in making a selection that is right for your business. The flowchart presented here highlights certain differences between the facilities (however, not all requirements for…
Remote Working and its Impact on End User Computing Solutions and Services
The pandemic is expected to lead to a significant and sustained increase in remote working. The shift to remote working will have major implications for end user computing solutions and services regardless of industry. In “Impact of Remote Working on End User Computing Solutions and Services,” colleagues Jeffrey D. Hutchings…
Supreme Court Docket Filled with Important International Arbitration Issues
June 2020 may forever be known as the month that international arbitration invaded the U.S. Supreme Court docket. In “Important International Arbitration Issues Fill Supreme Court Docket“, colleagues Richard Deutsch discuss how these rulings will likely impact critical strategic decisions early in international arbitrations.
PPP Extension Approved by Congress
Both the House and Senate passed legislation by unanimous consent to extend the deadline for applications for Paycheck Protection Program loans until August 8. In Congress Approves Extension of PPP, colleagues Matthew Oresman, Lori Panosyan, and Jenny Y. Liu discuss the extended deadline to apply for Paycheck Protection Program (PPP) loans.
The Split-Roll Initiative Looms for California’s Property Tax System
This November, California voters will decide whether commercial and industrial properties will lose their Proposition 13 protection against property tax reassessment. In “The Split-Roll Initiative is Posted to Rock California’s Property Tax System“, colleagues Craig A. Becker, Richard E. Nielsen and Breann E. Robowski explain.
In the Wake of the Coronavirus: REIT Dividends
The pandemic’s financial impact adds another layer of complexity to REITs authorizing, declaring and paying dividends under Maryland law. In “REIT Dividends in the Wake of the Coronavirus,” colleagues Jeffrey B. Grill, Robert S. Logan and Ella M. Lvov discuss what Maryland REITs should consider using the tools at their disposal…
To Purchase of Realty Encumbered by Long-Term Leasehold, California Court of Appeal Concludes Transfer Tax Not Applicable
In 731 Market Street Owner LLC v. City and County of San Francisco (June 18, 2020), California appellate court affirms that local realty transfer tax does not apply when leasehold has a remaining term of 35 years or more. In “California Court of Appeal Concludes Transfer Tax Not Applicable to…