Alex has extensive experience in commercial real estate matters, and focuses on the representation of commercial landlords and tenants in the development and lease-up of new locations. He has experience working on transactions involving shopping centers, lifestyle centers, restaurants, and other retail spaces. Alex also advises developers, sponsors, investors, lenders, and corporate clients in land acquisitions and divestitures.

Alex ConnThanks for joining us for the final part of our blog series on potential liability of landlords reopening shopping centers in Ohio. In this part four, we are going to take a look at proposed COVID-19 related legislation that is traveling through the Ohio general assembly.

On September, 2, 2020, the Ohio General Assembly enacted

Alex ConnThanks for joining us for part three of our blog on potential liability for landlords reopening shopping centers in Ohio. In this part three, we are going to make some recommendations to landlords on how to try to best protect themselves.

At minimum, landlords should (a) closely follow CDC guidelines for commercial establishments, as well

Alex ConnThanks for joining us for part two of our blog on potential liability of landlords who are reopening shopping centers to consumers in Ohio. In this part two, we will do a deeper dive into the negligence standard in Ohio.

A plaintiff must establish three elements for a negligence claim: that (1) the defendant owed

Alex ConnCommercial landlords all over the country are currently attempting to navigate the complicated waters of reopening during the COVID-19 pandemic. This is a difficult process, as there often seem to be different requirements for each state, county, and even city. In particular, the question of potential liability to customers seems to be of utmost importance.

University of Cincinnati Law Professor Sean Mangan does not hate many things, but ‘and/or’ has to be first on the list – along with whomever might be playing his Irish that weekend. I had the pleasure of taking multiple drafting classes with him several years ago, but I honestly never quite understood the depth of his anger towards the use of ‘and/or’ (along with “thereof”, “henceforth”, “hereto”, and the like). However, as it turns out, he is in very good company, as many judges and legal drafters seem to have some unresolved anger issues with this phrase as well.

The generally agreed upon meaning of “X and/or Y” is “X or Y or both”. That is a fine definition, but the problem is that the lack of clarity on the surface of the expression can allow opposing counsel to deliberately misinterpret whatever provision is in question in their client’s favor. If “X or Y or both” is what you mean, then just write what you mean! Take a look at how judges and style guides view the use of ‘and/or’:
Continue Reading A Plea And/Or Request: Stop Using And/Or