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Trusted advisors: Altered reality - Rethinking retail lease clauses in the COVID era

July 27, 2020
Stores in an upscale outdoor shopping mall

As businesses begin to resume operations, retail tenants and landlords face a stark new reality: Lease terms agreed to in pre- COVID times may no longer be applicable or even reasonable in this new setting. While the coronavirus pandemic made everyone review their leases for force majeure provisions, these three common retail lease provisions may require review and stress testing in this COVID paradigm. READ MORE

Playing the hand you’re dealt: Dealing with force majeure clauses like a Maverick

Jeff Brown April 14, 2020
An illustration of a cowboy riding into a sunset

During the COVID-19 pandemic, among the issues that are being discussed are "force majeure" provisions in various contracts. To attempt to bring a bit of lightness into that discussion, we will discuss a 1961 appellate decision about force majeure in the context of a then-very popular television actor and equally popular television show. READ MORE

California Judicial Council enacts Emergency Rules to suspend eviction and foreclosure actions during COVID-19 pandemic

Jeff Brown April 7, 2020
A high-rise commercial building

Effective April 6, 2020, the California Judicial Council enacted eleven Emergency Rules of the California Rules of Court due to the COVID-19 pandemic. READ MORE