Learn both proactive and reactive strategies as well as how to address frequently used tenant remedies.
This material provides attendees with the latest on commercial real estate landlord-tenant matters, including an overview of the real estate market and related asset classes, the impact of COVID-19 and related moratoria, negotiation strategies, and rights and remedies both in litigation and bankruptcy. Learn what constraints landlords and tenants face in light of pressures facing hospitality, retail, and multifamily and strategies to minimize disruption and uncertainty currently exacerbated by the COVID-19 pandemic.
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Why Lorman?
Over 36 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Implications of Pandemic: Force Majeure, Frustration of Purpose, and Impossibility
- Overview and Scope of Tenant Defenses
- Commonly Used Triggers for Such Defenses
- Key Takeaways Regarding Legal Cases Addressing These Defenses
- Drafting/Amending Leases to Account for These Defenses
Eviction Moratoria
- Current Overview
- Federal and State Considerations
Collection Issues in Bankruptcy
- Prepetition Lease Termination
- Automatic Stay
- Assignment, Assumption, and Rejection of Leases
- Landlord Liability Concerns: Preferences and Fraudulent Transfers
- Rents and Post-Bankruptcy Performance
Other Collection Techniques
- Renegotiation
- Security Deposits
- Automatic Deductions
- Lines of Credit
- Letters of Credit
- Guaranties
- Liens
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Why Lorman?
Over 36 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on June 21, 2021.
Call 1-866-352-9540 for further credit information.
- AR CLE 1.5
- This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
- CA MCLE 1.5
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
- NY CLE 1.5 including Areas of Professional Practice 1.5
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- WA CLE 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 36 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Andrew T. McClain
Foley & Lardner LLP
- Senior Counsel with Foley & Lardner LLP in the firm’s Bankruptcy & Business Reorganizations Practice Group
- Practice focuses on creditors’ rights, out-of-court workouts and restructuring, and commercial litigation, with an emphasis on commercial real estate
- Represents secured lenders, special servicers, government-sponsored enterprises, equipment suppliers, and court-appointed receivers
- Experience includes judicial and non-judicial commercial foreclosures, receiverships, and Article 9 sales
- Regularly represents clients in a wide variety of commercial litigation, including real estate litigation, business disputes, and construction litigation
- J.D. degree, with honors, Michigan State University College of Law; B.S. degree, Fordham University
- Can be contacted at [email protected]
Jill L. Nicholson
Foley & Lardner LLP
- Partner and trial lawyer with Foley & Lardner LLP and is the immediate past chair of the firm’s national Bankruptcy & Business Reorganizations Practice, where she served in that role for eight years; she is also a member of the firm’s Real Estate Practice
- Concentrates her practice on commercial bankruptcy and insolvency matters, creditors’ rights, out-of-court workouts and restructurings, and complex multidistrict financial services litigation
- Represented a broad array of clients in bankruptcy and insolvency proceedings, including secured lenders, special servicers, corporate boards, officers, directors, manufacturers, creditors’ committees, SIPA trustees, bondholder committees, unsecured creditors, Chapter 11 debtors, indenture trustees, commercial landlords, governmental agencies, and federally chartered entities; has also served as a court-appointed receiver for the Securities & Exchange Commission; her experience encompasses all facets of bankruptcy and insolvency, including Chapter 11 plan restructuring and related litigation, 363 sales, valuation disputes, single asset real estate, debtor-in-possession financing, tax credit bond finance deals, adversary actions, bankruptcy appeals, assignments for the benefit of creditors, broker-dealer liquidations, and receiverships
- Counsels a number of Fortune 500 companies regarding best practices with respect to bankruptcy and insolvency issues, including distressed real estate, commercial lending, special servicing, and automotive restructuring
- Selected by her peers for inclusion in The Best Lawyers in America© in the fields of bankruptcy and creditor-debtor rights/insolvency and reorganization law, 2021-2022; additional awards/recognition include, Woman Leadership Award for Woman Leader of the Year with over 20 years’ experience and in recognition of talents and contributions in restructuring industry by Global M&A Network, 2021; immediate Past Chair of Foley & Lardner National Bankruptcy & Restructuring Practice, 2011-2019; top bankruptcy and restructuring lawyer, Chambers USA, 2016-2021; Top 100 Lawyers in Illinois and Top 50 Women Lawyers in Illinois, Super Lawyers, 2015-2022; BTI Client Service All Star for superior client service, 2019; one of 335 attorneys in the United States selected by in-house corporate counsel of Fortune 1000 companies for superior client focus, understanding of clients’ businesses, technical legal skills, and innovative thought leadership; selected by Leading Lawyers for Commercial Bankruptcy & Workout Law, Commercial and Creditors’ Rights, 2017-2020; Top 500 Leading U.S. Bankruptcy and Restructuring Lawyers, Lawdragon, 2020-2022; Top 100 Restructuring Professional, Global M&A Network, 2013-2016; Top 100 most influential and innovative consultants, investment bankers, lawyers, and providers from the restructuring, distressed M&A and insolvency communities; featured by Law360 as a Female Powerbroker in the legal industry, 2014; Leading Lawyer, finance – corporate restructuring, Legal 500 US, 2010 and 2013-2015; Top 12 Outstanding Young Restructuring Lawyers under the age of 40 in the United States, Turnarounds & Workouts magazine, 2013; peer review rated with the highest rating in the Martindale-Hubbell Law Directory®; Senior Fellow of the Litigation Counsel of America; board certified as a business bankruptcy specialist, American Board of Certification; served as an adjunct professor of Bankruptcy Law at Washington University School of Law, 2007-2017
- J.D. degree, with honors, University of Illinois College of Law; undergraduate degree, with honors, University of Chicago
- Can be contacted at [email protected]
Daniel L. Pieringer
Foley & Lardner LLP
- Senior counsel at Foley & Lardner LLP and specializes in commercial real estate transactional matters where he represents purchasers, sellers, financial institutions, developers, energy companies, and landlords and tenants in a wide variety of transactions involving office, retail, and industrial real estate
- Experience includes drafting and negotiating purchase and sale agreements and leases, managing real estate due diligence on complex commercial transactions, and closing the acquisitions and sales of commercial real property
- Represented tenants in lease negotiations for office space in downtown Chicago and across the country
- Admitted to practice in Illinois
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Why Lorman?
Over 36 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
All of your training, right here at Lorman.
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- OnDemand Courses
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- White Papers and Articles
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- State Specific Credit Tracker
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