Shared Workspace Leases in Wake of COVID-19: Risk Mitigation, Insurance, Negotiating Key Provisions

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Real Property - Transactions
- event Date
Thursday, July 16, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will address the distinct legal problems facing commercial landlords and tenants of co-working or shared office space in the wake of the COVID-19 pandemic. Our panel will look at ways to mitigate liability and how to best negotiate provisions between parties in the new normal.
Faculty

Ms. Schiffer represents various businesses and their owners in matters relating to business counseling and entity formation, purchase and sale of company stock or assets, business contracts, shareholder or membership agreements, disclosure agreements, commercial real estate, commercial property, and leasing transactions. She is also well-versed in business succession planning, estate planning, and estate administration. Ms. Schiffer’s clients range from individuals to a wide array of business entities, including restaurants, medical practices, retailers, builders, limited liability companies, and professional service providers, such as accountants and financial planners.

Mr. Kelly focuses his practice on general corporate law and real property law, including commercial real estate leasing, financing and acquisitions, and business mergers and acquisitions. With respect to leasing, he represents both landlords and tenants nationwide in substantial office, retail, industrial and government leasing transactions. Mr. Kelly serves on the Board of Editors of Commercial Leasing Law & Strategy, a national publication. He has also served as a featured guest on real estate leasing topics on Commercial Real Estate Radio. Mr. Kelly’s lending experience includes representing both lenders and borrowers in complex financial transactions secured by real or personal property, including the negotiation of the initial loan documents and advising with respect to workout strategies and foreclosures.
Description
Social distancing is currently the new normal, and with it, specific legal issues arise related to shared workspaces and associated agreements. The desire to mitigate liability to multiple individuals may stunt future growth in this sector. The question remains whether shared workspaces can continue to offer those services in the near future or long term.
Short-term occupancy agreements, collaborative environments, and turn-key features were considered advantages over traditional commercial leases for early-stage companies, small businesses, and freelancers. Will it still be possible to continue these arrangements in a COVID-19 world? Counsel should assess risks for the parties where the end-user has a license in an agreement rather than a leasehold.
Other considerations include identifying insurance coverage to protect their businesses, employees, and clients from infection or disease and addressing potential liability for infection-related claims in the initial or renegotiated contracts.
Attorneys representing all stakeholders in these agreements must consider how the current and future pandemics create issues with terms of consent, revocation, and termination.
Listen as our panel of experts in real property transactions provides practical guidance on new or revised shared workspace agreements considering current social distancing and potential future pandemics
Outline
- Shared workspace and COVID-19
- Risk mitigation factors
- Insurance coverage
- Key provisions in agreements
- Interests of the parties
- Interplay between agreements
Benefits
The panel will review these and other critical issues:
- What are best practices to mitigate the risk of harm in shared workspaces for employees and clients?
- What insurance policies will protect owners and licensees from potential claims arising from shared workspace exposure?
- How can parties terminate ongoing agreements during a pandemic? What are the liability risks?
- Under what circumstances may a license in a shared workspace be revoked?
Unlimited access to premium CLE courses:
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Unlimited access to premium CPE courses.:
- Annual access
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- Best for CPAs and tax professionals
Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
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- Best for legal, accounting, and tax professionals
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