Publications
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12.18.2020Landlords Defeat Debtors Seeking COVID-19 Rent Abatements and DeferralsUpdatesRetail, restaurant, entertainment, and other industries have been devastated by COVID-19 and the resulting governmental orders either precluding or materially limiting operations. In that regard, retail bankruptcy filings have become common occurrences and bankruptcy courts a favored venue for businesses seeking a proverbial “breathing spell.”
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03.20.2020Contractual Considerations in the Wake of CoronavirusUpdatesIn the wake of COVID-19, parties may (1) be in a contractual relationship with a counterparty that asserts it cannot perform or (2) find themselves unable to fulfill their own contractual obligations.
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09.06.2017Some Holiday Cheer for a Challenging Retail EnvironmentUpdatesIt would be an understatement to say that 2017 has been a difficult year for the retail sector.
This update has been republished in Retail Merchandiser on 10.24.2017, "Holiday Cheer For A Challenging Retail Environment." -
03.08.2017In the Absence of Default, Landlord Not Entitled to Attorneys’ Fees as Cure Costs Upon Lease Assumption & AssignmentArticles
American Bankruptcy Institute
The recent spate of major retail bankruptcy filings — Sports Authority, Radio Shack, Wet Seal, PacSun and Aeropostale, to name a few — have thrust landlords into the middle of unfamiliar and complex chapter 11 restructurings and asset sales. Read the full article. -
12.08.2015Supreme Court Denies Stripping of Wholly Underwater Lien in Chapter 7: Dewsnup Lives OnArticles
ABI Committee Articles and Announcements
Presentations
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10.26.2023The Anatomy of a Retail Tenant’s Sale of Assets Through the Lens of a LandlordSpeaking Engagements2023 ICSC + U.S. Law Conference / Phoenix, AZ
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10.28.2022Not Buying What Retailers are Selling? How Landlords Can Successfully Navigate Retail BankruptciesSpeaking Engagements2022 ICSC U.S. Shopping Law Conference / Orlando, FL
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11.05.2021Hot Topics in Bankruptcy: The Changing Landscape for Tenants and LandlordsSpeaking Engagements2021 ICSC U.S. Shopping Law Conference / San Francisco, CA
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10.24.2020
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10.15.2020Rejection Hurts, But Do Not Assume That Assignment Is Always The Cure: A Practical Case Study On The Rejection, Assumption Or Assumption And Assignment Of Leases In BankruptcySpeaking Engagements2020 ICSC U.S. Shopping Law Conference / Virtual
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06.25.2020 - 06.26.2020Great Debates: Alix v. McKinseySpeaking EngagementsResolved – A financial advisor is required to disclose all connections, including the connections of its affiliates, when filing an application to be employed with the Court.
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10.24.2019The Nuts & Bolts of a Retail Bankruptcy: What Landlords Need to Know to Protect Their Rights and Avoid PitfallsSpeaking Engagements2019 ICSC U.S. Shopping Law Conference / San Diego, CA
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10.27.2017ABC’s Of A Retail Bankruptcy: A Landlord’s PerspectiveSpeaking EngagementsICSC U.S. Shopping Center Law Conference / San Antonio, TX