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| vol 18, num 2 | March 2021 |
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| Litigating the Nonpayment of Rent Due to the Coronavirus |
| As state and local governments begin to reinstate or expand restrictions on the operation of retail establishments and restaurants to curb the spread of the novel coronavirus, operators of such establishments and their lessors must again focus on who must shoulder the economic impact of that burden. In this author’s experience, disputes over the payment of rent most commonly are resolved through rent abatements or deferrals — after all, it is not as though there are many replacement tenants in the market who are not confronting the same issues as existing tenants, and market rents appear to be down nationwide. But sometimes a negotiated
resolution is not in the cards, so the parties need to look to litigation. This article examines two common issues that arise in such litigation: the impact of force majeure provisions in the lease documents, and the discretion of bankruptcy courts to order the deferment of rent payments. |
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| Best Practices for Remote Depositions |
| One of the many ways the COVID-19 pandemic has upended litigation is by making in-person depositions, for the time being, practically impossible. But cases must still go forward, so courts and parties have increasingly turned to remote deposition technology to keep litigation moving. To effectively represent their clients, counsel must ensure that the depositions they take and defend remotely are just as effective as in-person depositions for the eventual use in motion practice, hearings or trials. This article briefly describes some best practices that can help you meet that goal. |
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| Register Today for ASM! |
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| ABI is pleased to announce the return of the Annual Spring Meeting from April 12-22 — this year in a cutting-edge virtual format. Employing the same innovative platform that made last fall’s Insolvency 2020 event such an astounding success, this conference — always one of the most significant annual gatherings of bankruptcy and insolvency professionals in the country — will introduce a number of new and improved online
networking features.
This year, the Bankruptcy Litigation Committee will be partnering with the Asset Sales Committee to host a panel titled "Cautionary Tales in Asset Sales." This will panel will discuss Neiman Marcus (collusion), as well as regulatory and ownership issues that arise in asset sales leading to litigation.
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