The current COVID-19 pandemic has created myriad lease issues for retail tenants who have either closed stores or are contemplating doing so imminently, and are analyzing their ability to abate rent during the closure.  We wanted to share initial thoughts. Top level conclusions: Potential arguments depend on lease language, the law of the applicable jurisdiction, facts relevant to the specific location and will need to be considered on a case-by-case basis. Retail tenants have strong…

On Tuesday, March 24, the Prime Minister of Japan and the International Olympic Committee (IOC) announced that the 2020 Tokyo Summer Games will be postponed for one year. In a statement, IOC officials said the Games would be “rescheduled to a date beyond 2020 but not later than summer 2021, to safeguard the health of the athletes, everybody involved in the Olympic Games and the international community.” The announcement is likely to set off a…

Two important developments from the Environmental Protection Agency (EPA) are potentially significant to the retail industry, but may have escaped widespread attention in light of recent worldwide events. Somewhat unusually, both proposals are administered by EPA under TSCA, despite the fact that TSCA typically applies to chemical products, not manufactured articles. Comment and compliance deadlines are rapidly approaching, meaning that potentially affected manufacturers and importers should consider action now. The first of these developments involves…

On March 15, New York City Mayor Bill De Blasio announced his intention to sign an executive order requiring restaurants and bars to limit services to take out and delivery orders.  Similar operational limits are also in place in other jurisdictions around the country, with several more sure to come.  Retailers such as Apple, Nike, Urban Outfitters, Abercrombie and Fitch, Patagonia and Lululemon also announced that they were either temporarily closing their retail stores or…

When diseases become newsworthy, advertisers may be tempted to profit, claiming that their products can help prevent, treat or cure the disease.  Some advertisers did exactly that as the recent COVID-19 pandemic became a regular part of the news cycle. In January 2020, GOJO Industries, Inc., the makers of hand sanitizer brand Purell, received a warning letter from the Food and Drug Administration (FDA) for claiming that Purell hand sanitizers could prevent or reduce the…

The World Health Organization, on March 11, 2020, officially declared the spread of COVID-19 a pandemic. By now, most multinational companies have already been grappling with the effects of the coronavirus and are considering the steps they should be taking to ensure the health and safety of their employees. As most global employers are aware, when it comes to employees located around the globe, one size does not fit all. Implementing local workplace policies in…