The impact of COVID-19 on the retail industry has created a
ripple effect that presents several economic challenges. As a
result of mandatory non-essential business closures, retails stores
have been among the hardest-hit businesses. Landlords and business
owners alike are now closely examining their leases in an effort to
determine their respective rent-related rights and obligations.
That analysis typically begins and ends with the language found in
force majeure clauses (sometimes titled "unavoidable
delays"). But occasionally conclusions are reached prematurely
concerning whether the force majeure language applies to the
current pandemic and its related fallout.
WWD recently published an article penned by Partner Eric
D. Sherman, a member of the real estate and litigation groups,
and Counsel Marion
R. Harris with contributions from Matthew
Lamb, an associate in the firm's litigation group. In this
article, the authors outline multiple considerations landlord
