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Editor’s note: In July 2012, the federal government moved to seize commercially leased property located in San Jose, CA, because it was being used by a medical-€“marijuana-producing tenant operating in compliance with California law. The federal government did not recognize as valid California’s authorization of medical marijuana sales, as it still has on the books its own legislation listing marijuana as a schedule-I drug — the most dangerous kind. The Government brought a civil in-rem forfeiture action pursuant to 21 U.S.C. § 881(a)(7), which authorizes the Government, in the case of property that is being used to violate the federal Controlled Substances Act, to seize such “real property, including any right, title, and interest (including any leasehold interest) in the whole of any lot or tract of land and any appurtenances or improvements, which is used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, a violation of this subchapter punishable by more than one year’s imprisonment.”
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Hoteling Here to Stay As Law Firms Return to the Office
By Anthony Davies
For the Big 4 consultancies, hoteling has been a positive operational construct for over a decade, or in some cases longer. The success of the decentralized law firm depends in some part on how well firms can shift “hoteling” from the negative connotation of “losing my desk” to the positive connotation of “having a hotel-like experience.”
Fear of Unknown In Force Majeure Litigation Prompting Settlements
By Charles Toutant
Since the pandemic began, lawyers have been using the coronavirus to justify nonpayment of rent, construction delays and even termination of labor contracts. But the prospect of litigating a contract cancellation based on force majeure is still so fraught with peril that many breach-of-contract disputes end in an amicable resolution.
Frustration-of-Purpose Use In Commercial Leases During the Pandemic
By Joshua Wurtzel
The use of the frustration-of-purpose doctrine to absolve commercial tenants of their obligation to pay rent could signal headwinds for the commercial real estate market — and the economy more generally.
Will Delta Variant of COVID-19 Impact Commercial Real Estate Recovery?
By Erik Sherman
The new Delta variant of COVID-19 is speeding across the country, raising the question of whether the assumptions earlier this year of an economic rebound — some even predicted a super bounce — were premature.
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