Restaurant companies have been devastated by the COVID-19 pandemic. The National Restaurant Association estimates that the industry has already lost more than 3 million jobs and $25 billion in sales, and there are many more dark days ahead. In “Paycheck Protection Program Leaves Restaurant Industry With Questions,” partner Anna M.…
With an unprecedented number of commercial real estate tenants not paying rent and potentially defaulting under their leases, many landlords and tenants may soon be entering into forbearance agreements that defer payment of rent and other financial obligations. In “Navigating Bankruptcy Exposure for Landlords Arising from Anticipated Lease Terminations During…
The coronavirus pandemic has been credited with improved air and water quality as America shelters in place, reducing its emission and discharge footprint. This unanticipated benefit, however, overlooks the numerous environmental problems that Californians were addressing prior to the advent of the pandemic. In “California’s Stay-at-Home Orders: Implications for Environmental…
In the wake of the COVID-19 pandemic, the Supreme Court of Texas along with many Texas counties have issued moratoriums on evictions and foreclosures, the applicability of which remains varied and depends on local orders. In “Texas Restricts Evictions Due to COVID-19: Landlord Considerations,” colleagues Hannah Hollingsworth and Adam J. Weaver…
The Federal government issued an advisory list of essential critical workers, including workers doing certain types of construction, but deferred to states and local governments to implement any orders. In “Construction During COVID-19: Is It Essential?,” colleagues Laura Bourgeois LoBue, Matthew D. Stockwell, and Elizabeth J. Dye address that there is…
In the wake of the COVID-19 pandemic, governments across the U.S. have issued moratoriums on evictions and foreclosures for residential and commercial properties and other restrictions on available remedies. In “National Landscape of COVID-19 Eviction and Foreclosure Moratoriums Continues to Shift,” colleagues Carmela D. Nicholas and Jeff Clare discuss how the…
The insurance industry responded to the emergency of the COVID-19 pandemic with preemptive press statements that property insurance policies would provide no coverage—even before policyholders submitted any claims. In “Many Commercial Property Insurance Policies Provide Coverage for COVID-19 Exposures,” colleagues Robert L. Wallan, David F. Klein and Tamara D. Bruno discuss that…
The Department of Homeland Security has outlined 16 critical infrastructure sectors which represent the types of businesses that can remain operational during the COVID-19 pandemic. However, each state—in some cases, local governments—can designate what qualifies as “essential.” Businesses should be mindful of the government regulations and potential penalties for noncompliance.…
In many cases, borrowers and lenders are working together to weather this crisis. A forbearance agreement is often the first step—after a pre-negotiation agreement is entered into. In “Distressed Real Estate During the Coronavirus Pandemic: Tips for Negotiating Forbearance Agreements,” colleague Caroline A. Harcourt discusses how the coronavirus pandemic, stay-at-home orders…
New Small Business Administration (SBA) guidance implementing the Paycheck Protection Program (PPP) confirms that a somewhat narrower set of affiliation principles now applies to SBA loan programs, including the PPP. In “COVID-19 Relief: SBA Issues Regulations & Guidance on the Payroll Protection Program,” colleagues David B. Dixon, John E. Jensen and Steven…