Related insights: Real Estate Litigation

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The CDC’s Eviction Moratorium and the Pending Lawsuit to Stop It

Sep 16 2020
On September 2, 2020, the Centers for Disease Control (CDC) relied on little-known statutory powers to issue a temporary moratorium for most residential evictions, with a stated goal of reducing the risk of transmission of COVID-19. We provided an explanation of the CDC’s order in an earlier alert. Last week, a lawsuit was filed in federal court, on behalf of a landlord, seeking to halt or overturn the Order.
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10 Key Considerations for Commercial Real Estate Loan Restructurings: A Primer

Jul 20 2020
Since commercial real estate is a “leverage” business, one common challenge that many owners will possibly face is the need to restructure the loans secured by their properties in order to achieve more realistic and achievable economic terms and to avoid loan defaults, foreclosures and the loss of their properties. As a Primer for those lucky few real estate owners and advisors that have not worked through previous real estate cycles (and as a refresher for those who have), here are ten key considerations to guide you generally in pursuing loan restructuring transactions with your lenders.
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The Benefits, Concerns and Considerations of Remote Depositions and Mediations in the COVID-19 Climate

Apr 28 2020
Remote depositions and mediations have been taking place for more than 20 years. As videoconferencing tools have improved (think Webex, Zoom, etc.), business litigators and their client have become increasingly comfortable conducting such sessions in a remote setting. The COVID-19 crisis has accelerated the pace of conducting depositions and mediations via videoconference. Sessions that just a few weeks ago may have been conducted in person now must be conducted remotely due to public health concerns and related stay-at-home orders.
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Foreclosure and Eviction Moratoriums Under the CARES Act

Apr 20 2020
The recent business shutdowns and other measures used by federal, state, and local governments throughout the country to slow the spread of the COVID-19 pandemic have limited the ability of many property owners and tenants to earn income. As a result, many borrowers are unable to make scheduled mortgage payments and tenants are unable to pay rent. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), enacted on March 27, 2020, includes moratorium provisions that protect the right of these borrowers and tenants to remain in their dwelling without facing the threat of immediate foreclosure and eviction.
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Be Prepared for OSHA’s COVID-19 Interim Enforcement Response Plan

Apr 17 2020
On April 13, 2020, OSHA issued its Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19). Employers should pay close attention to this interim guidance because it includes important changes to enforcement guidelines and record-keeping requirements. High-risk employers in the medical and manufacturing sectors face especially important rule changes and enforcement risks. Employers in all sectors should make sure their written policies reflect OSHA’s most up-to-date changes.