Jenner & Block offices in Washington, D.C. Photo: Diego M. Radzinschi/ALM Jenner & Block offices in Washington, D.C. Photo: Diego M. Radzinschi/ALM

Jenner & Block has fired back in the ongoing litigation with the firm's landlord, urging a judge to keep in the court record a key affidavit about the law firm's rent abatement terms.

Jenner, responding to the landlord's attempts to strike the affidavit, called the moves "a baseless waste of time and diversion," according to papers filed late Wednesday in Cook County Circuit Court.

In its lawsuit first brought in May, an affiliate of the firm's landlord, Heitman, alleges Jenner & Block did not pay rent on its 416,200-square-foot Chicago office in April and May. It is now seeking from Jenner about $3.73 million, plus late fees and interest.

Jenner has said that the office has not been used, save for a small "skeleton crew" of employees, since the beginning of the pandemic. The law firm has argued that the 2006-signed lease included a provision that allows for an abatement for unforeseen consequences.

In June, Jenner countersued the landlord affiliate, alleging the plaintiff actually owes the law firm $840,000 in rent. The firm attached an affidavit to the counterclaim which the firm says confirms the abatement provision. The affidavit, dated June 17, is signed and written by Richard Stein, the lead negotiator for the original landlord for the 2006 lease. Heitman took over the lease in 2014.

"I believe the current pandemic is the very type of disruptive event to which Jenner & Block was referring in lease negotiations and for which Jenner & Block sought and received protection, in the form of rent abatement," Stein said in the affidavit. "No one from the current landlord or its counsel has contacted me to discuss the Lease terms or negotiations."

The landlord affiliate moved to strike Stein's affidavit, setting up the response filed by Jenner on late Wednesday.

"The landlord's contention that the Stein declaration should be stricken because the court may ultimately not admit the Stein declaration is another groundless attempt to hide from the relevant facts," the Jenner filing said.

Jenner declined to comment about the latest court papers. The attorney for the plaintiff did not respond to a request for comment.

Real estate experts say that a provision such as the Stein declaration is rare. Most similar clauses require specific cause such as so-called force majeure events. But according to the lease provision submitted to the court, the clause allows for broad abatement "force majeure or otherwise."

Jenner & Block is not the only Am Law 100 firm in litigation with its landlord amid a coronavirus pandemic and government shutdown orders that drove most big firms out of their physical office space.

Simpson Thacher & Bartlett filed a lawsuit against its New York landlord this week, alleging it has refused to acknowledge the law firm's rights to rent abatement, leading to $8 million in damages.

Like Jenner, Simpson Thacher said the firm has a "unique" clause in its lease, which began in 1987.

Under the lease, the firm said, Simpson Thacher is entitled to rent abatement when it's unable to use the offices for at least 60 days due to "force majeure" events, including circumstances where the government steps in and preempts the tenant's right to occupy its space related to a national or public emergency.

Read More:

Jenner & Block Hits Back at Chicago Landlord, Says It's Owed $840,000 in Rent Credit

Simpson Thacher Seeks $8M From Landlord in Rent Abatement Dispute