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 37 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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Credit
More Program Information
Why Lorman?
Over 37 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.
- CA MCLE 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
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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Credit
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Why Lorman?
Over 37 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
- Illinois Super Lawyers® ‘Rising Star’ (2019-2023)
- Best Lawyers: Ones to Watch® for Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law (2021-2024)
- J.D., with honors, Michigan State University College of Law; B.S., Fordham University
Jill L. Nicholson
Foley & Lardner LLP
- Former National Chair of Foley & Lardner Commercial Bankruptcy & Restructuring Group and Member of Real Estate Group
- Lead counsel to largest commercial special servicer in over $5 billion of defaulted and distressed loans
- Lead counsel to CMBS investor in $1.7 billion office property portfolio default
- Lead counsel to secured lender in multi-state portfolio default of 50 multifamily borrowers
- Lead counsel to multiple lenders and special servicers in connection with Securities & Exchange Committee receiverships involving distressed commercial real estate
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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Credit
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Why Lorman?
Over 37 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.
Pay once and get a full year of unlimited training in any format, any time!
- OnDemand Courses
- Live Webinars
- MP3 Downloads
- Course Manuals
- Executive Reports
- White Papers and Articles
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- State Specific Credit Tracker
- All-Access Pass Course Concierge
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