Commercial Leases and Frustration of Purpose, Impossibility Defenses: Strategies for Landlords and Tenants
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will guide landlord and tenant counsel on the defenses that have arisen in breach of lease cases due to failure to pay rent during the COVID-19 pandemic. The panel will address recent case law regarding how courts have analyzed claims of the frustration of purpose, impossibility, and other common law defenses.
Outline
- Contract vs. common law defenses in commercial leases
- Force majeure
- Impossibility
- Frustration of purpose
- Commercial impracticability
- Recent state decisions
- New York
- California
- Texas
- New Jersey
- Massachusetts
- Best practices
Benefits
The panel will review these and other relevant topics:
- What are the common law doctrine/defenses used in commercial landlord-tenant cases?
- How has the case law evolved since the beginning of the pandemic?
- When must a tenant rely on the force majeure clause in a lease?
Faculty
Joshua M. Bowman
Partner
Sherin and Lodgen
Mr. Bowman brings years of experience counseling local and national real estate owners and developers, institutional... | Read More
Mr. Bowman brings years of experience counseling local and national real estate owners and developers, institutional and non-institutional lenders, investors, tenants, contractors, and other businesses in connection with a wide variety of transactions and situations. He has substantial experience dealing with complicated issues related to commercial real estate ownership, development, finance, joint venture arrangements, acquisitions and sales, leasing, land use, licensing, management and franchise agreements, construction agreements, and food and beverage agreements. As the Chair of the firm’s Hospitality Practice Group, Mr. Bowman has a particular concentration in representing owners and operators of restaurants and hotels. In January of 2017, Mr. Bowman joined the faculty at the Boston University School of Hospitality Administration, where he teaches two courses: The Fundamentals of a Hotel Real Estate Deal and Hospitality Law.
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Justin G. Weber
Partner
Troutman Pepper
Mr. Weber concentrates his practice in commercial litigation, and has extensive experience litigating a broad range of... | Read More
Mr. Weber concentrates his practice in commercial litigation, and has extensive experience litigating a broad range of issues including those related to financial services, education, and oil and gas development. He helps clients resolve complex business disputes. He represents clients in state and federal courts and before administrative agencies. Mr. Weber has successfully tried jury and bench trials, arbitrations and administrative agency hearings. He also has successfully argued multiple appeals before both the Pennsylvania Superior Court and the Pennsylvania Commonwealth Court. Mr. Weber served as an adjunct faculty member in the trial advocacy program, Dickinson School of Law of the Pennsylvania State University.
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