Represented a franchisor in a case where a franchisee tenant defaulted in a lease that contained a liquidated damages clause, resulting in over $1 million owed to the landlord. In the commercial lease context, a liquidated damages clause may provide for an acceleration of future rents owed following the early termination of the lease. These so-called “rent acceleration clauses” are typically enforceable, provided two criteria are satisfied: (1) at the time of contracting the actual damages flowing from a breach were difficult to ascertain; and (2) the sum agreed on as liquidated damages represents a “reasonable forecast of damages expected to occur in the event of a breach.” Goldman & Pease defended the franchisor against the landlord’s aggressive pursuit of enforcing the rent acceleration clause and obtained a favorable settlement in light of the strong case law supporting the enforceability of rent acceleration clauses in commercial leases.
Attorney Cameron Pease will be speaking at the MCLE’s Trial Advocacy Workshop 2021 on July 19, 2021. Attorney Pease will participate in six intense days of personalized and comprehensive training to provide attorneys with fundamental courtroom skills with several