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Client Alert May 25, 2023

Asia-Based Investors in U.S. Commercial Real Estate Can Mitigate Losses by Defending their Legal Rights

  • Chinese and other Asia-based investors have targeted the U.S. commercial real estate market recently, whether by direct investment or through CMBS or REITs.
  • However, the pandemic, credit tightening and regional bank failures have accelerated a market downturn, and many investors are vulnerable to losses.
  • Investors should consider proactive or counteroffensive strategies to enforce their legal rights, even against big industry players, to mitigate their losses and protect their bottom lines.

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Coronavirus: Buying Time in Uncertainty

  • For companies facing the economic fallout of COVID-19, time has become the most precious commodity to preserving their assets and riding out the storm.

  • The ‘force majeure’ clause often found in contracts under New York and English law, if invoked correctly, could increase the likelihood of success in potential litigation with lenders.

  • Our lawyers around the world take a close look at the force majeure clause and how courts in different jurisdictions (including Brazil and Argentina) have chosen to interpret its applicability in a pandemic situation.

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