Renegotiating Office Leases in a Work-From-Home World: Contract, Common Law, Context Issues, Standstill Agreements.
Avoiding Insolvency Claims by Tenants Through Abatements, Deferrals, Subleases, Assignments
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide practical guidance to leasing attorneys that are facing requests to renegotiate a commercial lease due to the current economic downturn. Counsel for landlords and tenants will be provided solutions that range from contractual-based solutions creating abatements or deferrals, common law solutions that focus on doctrines that offer (or limit) early termination, and contextual solutions that look at the landlord's and tenant's financial situations--both currently and prospectively--and attempts to creatively meet all stakeholders' needs.
- Overview of current economic status and state of commercial leased real estate
- Contract law solutions
- Common law solutions
- Doctrine of impossibility
- Doctrine of impracticality of purpose
- Doctrine of frustration of purpose
- Contextual solutions
- Standstill agreements
The panel will review these and other relevant topics:
- When should a landlord consider a contractual solution for a defaulting tenant? Which contract solutions work best in each economic situation?
- How does common law impact a tenant's ability to terminate early, and what grounds can landlords use to dispute such terminations?
- What is the global context--empty space in a complex, access to temporary funding, signs of an economic upswing, etc.-- for developing a tailored solution?
- When should standstill agreements be utilized, and what are the risks?
John G. Kelly
Bean Kinney & Korman
Mr. Kelly focuses his practice on general corporate law and real property law, including commercial real estate... | Read More
Mr. Kelly focuses his practice on general corporate law and real property law, including commercial real estate leasing, financing and acquisitions, and business M&As. With respect to leasing, Mr. Kelly represents both landlords and tenants nationwide in substantial office, retail, industrial and government leasing transactions. His lending experience includes representing both lenders and borrowers in complex financial transactions secured by real or personal property.Close
Jennifer O. Schiffer
Bean Kinney & Korman
Ms. Schiffer is a shareholder of Bean, Kinney & Korman. She represents various businesses and their owners in... | Read More
Ms. Schiffer is a shareholder of Bean, Kinney & Korman. She represents various businesses and their owners in matters relating to business counseling and entity formation, purchase and sale of company stock or assets, business contracts, shareholder or membership agreements, commercial real estate and leasing transactions. Ms. Schiffer is also well-versed in business succession planning, estate planning and estate administration.Close