Roundtable Discussion

COVID-19: Force Majeure, Impossibility and Frustration of Purpose

As novel coronavirus has become a global pandemic, it has caused a ripple effect to businesses worldwide. This Roundtable, hosted by lawyers who confront these issues regularly, explores the contractual issues, in both real estate and generally, and whether parties can invoke force majeure clauses, impossibility, and frustration of purpose.

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Message from the Chairs

A note from the cochairs about upcoming events and other committee activities.

Articles

The Empire Strikes Back: After Recent Tenant-Friendly Decisions, a Victory for Commercial Landlords

By Cara Mittleman Kelly – April 6, 2021 | The highly influential U.S. District Court for the Southern District of New York issues pivotal decision for COVID-19 commercial lease disputes.

Score Another Win for the Tenants’ Bar in the Wake of COVID-19 Shutdown Orders

By Gina Abbadessa – February 25, 2021 | A Massachusetts judge rules that emergency orders frustrated the purpose of a lease for a café.

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Practice Points

Zoning and Land-Use Attorneys: Mind Your Nomenclature!

By Nicholas Shapiro – March 3, 2021 | A footnote in a recent decision from the Massachusetts Appeals Court reminds the bar of the racist roots of the term “grandfather” protection.

New York Court Rules that Pandemic Orders Are a “Casualty”

By Ali Dehghan – February 25, 2021 | An injunction and a declaratory judgment were granted, protecting a restaurant from eviction for nonpayment of rent.

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Audio

When the Floods and Fires Come: Landowner's Property Damage Claims

In the wake of the Superstorm Sandy, the 2017 hurricanes, and the California wildfires, landowners damaged by the disasters are faced with a confusing array of potential recovery options. This program is designed to assist small and general practice attorneys whose clients are harmed by these disasters. (1 hour, 5 min.)

Up in Smoke? Cannabis Law Roundtable

This discussion explores the collision of the cannabis industry and the real estate industry, including leasing, zoning, financing, personal injury and property liability, insurance (business/title insurance etc.) issues and other legal issues, along with other considerations for practitioners who may be thinking about becoming "cannabis counsel."

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