Section of Litigation Roundtable REGISTRATION

Section of LitigationRoundtableREGISTRATION

Penalty or Remedy: Enforceability of Cotenancy Clauses After Grand Prospect Partners, LP v. Ross Dress for Less

Presented by the Real Estate Litigation and Condemnation Committee and cosponsored by the Appellate Practice, Commercial and Business Litigation and Trial Evidence Committees

Tuesday, July 28, 2015 at 2:00 pm - 3:00 pm Eastern

Cotenancy clauses in retail leases are common provisions that allow a tenant to abate rent and/or terminate the lease if the landlord fails to meet a cotenancy requirement under the lease. In a case of first impression, in Grand Prospect Partners, LP v. Ross Dress for Less, although the California Court of Appeal upheld the termination right, it struck down the rent abatement remedy as an unenforceable penalty. Does the case have a sweeping impact for negotiated retail leases in shopping centers across the country? Panelists will explore the implications of the case for retail landlords and tenants and its impact on the drafting of cotenancy clauses and the enforceability of the remedies negotiated by the landlords and tenants.

The program will be moderated by Howard K. Jeruchimowitz of Greenberg Traurig and will include speakers addressing what this decision means to commercial landlords and tenants. The panelists will be Rosie Rees of Pircher, Nichols & Meeks who will discuss the the landlord's perspective and Ellen Sinreich of the Sinreich Group who will discuss the tenant's perspective.

REGISTRATION INFORMATION

First Name*

Last Name*

Are You a Section Member?

YesNo

Have you attended a Litigation Roundtable before?

YesNo

State

E-mail*

Committee Roundtables are a free member benefit that allow you to call in from anywhere to hear live audio programs on a host of topics, such as: the ramifications of a recent court case or legislation, developing a new practice area, trial tips, Q&A with a judge, creating personal marketing plans, coping with difficult opposing counsel, and balancing professional and personal life. **Roundtables are not eligible for CLE Credit.