COVID-19 Related Governmental Shut Down Order Triggers Force Majeure Provision In Restaurant Leases
September 01, 2020
As we all expected, cases are being brought and decided on the issue of whether the COVID-19 pandemic and related governmental shut down orders trigger force majeure clauses in commercial leases and operate to excuse the performance of commercial tenants. While force majeure clauses vary widely, a recent decision from an Illinois Bankruptcy Court may provide guidance to help resolve disputes without resorting to the courts.
Ransomware – COVID-19 & Upgrading Your Defenses
September 01, 2020
It's pretty shameful that in the current crisis we're seeing ransomware on the rise. It's even more shameful that organizations involved in fighting the virus seem to be especially at risk.
The Russian Vodka Saga
September 01, 2020
Federal Treasury Enterprise Sojuzplodoimport v. Spirits International BV
What do the fall of the Soviet Union, a heist of trademark rights, and Stolichnaya vodka have in common? They are all key components of the Russian Federation's efforts to reclaim its trademarks in Stolichnaya vodka.
Real Property Law
September 01, 2020
Questions of Fact Remain About Whether Subsequent Mortgagee Had Actual Notice of Improperly Recorded Mortgage
Inadequate Proof to Establish Title By Adverse Possession
Discontinuance of Earlier Foreclosure Action Did Not Toll Statute of Limitations
Contract Vendee Adequately Alleged Improper Rescission By Seller
Subsequent Purchaser Proteced Against Deed to Lender
The Updated FCPA Resource Guide
September 01, 2020
Something Old, Something New, Something Borrowed, Something Blue
this second edition contains some new "hypotheticals" — facts of actual cases the DOJ finds important enough to focus on — and, in keeping true to its name, has included additional resources and links for chief compliance officers looking to design and audit their companies' anticorruption compliance programs.
Ticket Refund Suits Against StubHub to Get MDL Treatment
September 01, 2020
Online ticket reseller StubHub faces lawsuits over allegedly unrefunded event tickets in California, after a federal judicial panel ordered that similar cases from jurisdictions in multiple states be coordinated.
NYC Law Providing Relief for Commercial Tenants Faces Constitutional Scrutiny
September 01, 2020
New York City Mayor Bill de Blasio delivered another striking blow to property owners when he signed into law N.Y.C. Council Int. No. 1932-A (2020) on May 26, 2020. The new legislation prohibits landlords from enforcing personal guaranties on certain commercial leases for defaults occurring between March 7, 2020 and Sept. 30, 2020.
Create a Community to Connect and Empower
September 01, 2020
I encourage you to cultivate your own community as a means of connecting and empowering your peers. These are a few ideas to help you launch and maintain a program.