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Legal Office of the Future — Reimagined Image

Legal Office of the Future — Reimagined

Bella Schiro & Misun Yoon

Many in the legal economy may be asking themselves whether they need office space at all now that everyone has been forcibly migrated to cyberspace. But having experienced work from home for several months, there is a newfound appreciation for the office workplace. But what will the office look like when we return to it?

Features

Cash Flows for Commercial Leases During COVID-19 Image

Cash Flows for Commercial Leases During COVID-19

Jonathan Koevary & Robert Gagne

To say the least, for those companies that filed for bankruptcy on the eve of the COVID-19 shutdowns, the strategies — and available cash flows to pay landlords — did not go as planned.

Features

Mezzanine Lenders and Foreclosure Sales During COVID-19 Image

Mezzanine Lenders and Foreclosure Sales During COVID-19

Jeffrey B. Steiner & Scott A. Weinberg

This article reviews a recent case, D2 Mark LLC v. OREI VI Investments LLC, to understand how the court's decision may provide mezzanine lenders with guidance in structuring a UCC foreclosure sale auction in the COVID-19 landscape so as to strengthen their position against any claims by the mezzanine borrower that the sale is not commercially reasonable.

Features

Will Pandemic Lead to More SARE Filings? Image

Will Pandemic Lead to More SARE Filings?

Lidia Dinkova

Single-asset real estate bankruptcies (SAREs) are streamlined reorganizations for debt taken out by borrowers on just one property, giving them a three-month window to propose a restructuring plan.

Features

Does Force Majeure Apply? Answering Questions About Contracts in the Time of Coronavirus Image

Does Force Majeure Apply? Answering Questions About Contracts in the Time of Coronavirus

ljnstaff

New ebook from ALM's Law Journal Press addresses clients' questions about the enforceability of contracts in the wake of COVID-19.

Features

New York Court Allows J.Crew to Shutter Under Terms of Mall Lease Despite Continuous Operations Provision Image

New York Court Allows J.Crew to Shutter Under Terms of Mall Lease Despite Continuous Operations Provision

Danielle C. Lesser

Malls across America, long suffering even before the rise of COVID-19, are now forced to confront a wave of store closures. Troubled retailers will, without doubt, seek to close their failing mall locations. To stem these efforts, landlords have applied to courts for injunctive relief to force stores to remain open and operating, despite lagging sales, through the enforcement of the "continuous operations provision" found in mall leases.

Features

New Strategies for Renegotiating Office Leases Post-COVID Image

New Strategies for Renegotiating Office Leases Post-COVID

David Leffler & David Jacoby

Current circumstances present an opportunity for tenants to use new strategies to renegotiate or even terminate leases. This article looks at conventional legal strategies that may provide grounds for lease termination before turning to consider another, third, approach.

Features

Real Estate Loan Workout: Exchange of Enhancements for Concessions Image

Real Estate Loan Workout: Exchange of Enhancements for Concessions

Richard S. Fries

As a result of the coronavirus pandemic, a property owner might reach out to its lender for urgent, needed debt relief. The lender, which strives for a performing asset, an on-going relationship with its customer makes concessions. In exchange for these concessions, the lender should obtain credit and legal enhancements., which should also enable the lender to make concessions that are more meaningful to the property owner, its investors, its tenants and its business.

Features

Law Firm Leasing Drops During COVID-19 Image

Law Firm Leasing Drops During COVID-19

Christine Simmons

Overall, the pandemic will likely result in long-term changes for law firm offices. While law firm leasing activity will eventually pick up, firms may decrease their overall footprints, taking up 10% to 15% less square footage because some people will continue working from home.

Features

Creative Strategies for Landlords and Tenants to Survive the COVID-19 Shutdown Image

Creative Strategies for Landlords and Tenants to Survive the COVID-19 Shutdown

Dana Delman & John Vukmanovic

When COVID-19-related restrictions imposed by state and local governments are lifted, there is no guarantee that they will have done more than delay the inevitable: eviction and bankruptcy. Modifications should be used to cut risk and losses. If at all possible, landlords and tenants should cooperate now to avoid that outcome.

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