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Simon says “Don’t Close Your Stores in My Shopping Centers”

Simon Property Group is at it again. Two years ago, Simon took the shopping center world by storm when it obtained an injunction preventing Starbucks Corporation from shuttering 77 of its Teavana stores in Simon malls across...more

Decaffeinated: Simon Property Group L.P. v. Starbucks Corporation Is Not a Fix for the Retail Apocalypse

The shopping center world is abuzz with the recent decision in the Simon Property Group L.P. v. Starbucks Corporation decision, which prevented Starbucks from shuttering 77 of its Teavana stores in Simon-owned or managed...more

Surviving the Retail Shift: Part 5 of a 5 Part Series - Looking Ahead; Lessons Learned from the Retail Shift

The retail industry has faced significant challenges this year. In 2017, more than 5,000 retail stores closed their doors, many of them portfolio-wide closures by well-known department-store chains who were synonymous with...more

Surviving the Retail Shift: Part 4 of a 5 Part Series - Whose Property Is It? What to Do with Personal Property After a Tenant...

As some retail tenants face failing business – or worse, have already shuttered their stores – shopping center owners and managers must deal with the aftermath. The wreckage of a failed retail business often includes the...more

Surviving the Retail Shift: Part 3 of a 5 Part Series - Coping with Retail Closures and the Evolution of the Shopping Center,...

Shopping centers are not dying. The retail landscape is changing, however, and so too are shopping centers. Retail stores have been closing at a breakneck pace, and Wall Street seems to think the worst is yet to come....more

Surviving the Retail Shift: Part 2 of a 5 Part Series – A Landlord’s Duty to Mitigate its Damages

In Part I of this five part series, we addressed managing the legal process to help commercial landlords achieve the most efficient results when dealing with defaulting retail tenant. But, what happens once the shopping...more

ADA Compliance: Landlords, You're On the Hook

The Americans With Disabilities Act (ADA) prohibits discrimination based on disability. Title III of the ADA requires that businesses provide accommodations to persons with disabilities and access that is equal or similar to...more

What's More Appealing Than Property Taxes? Recent Kansas Legislative Changes Make This Year An Opportune Time to Appeal Yours

Do you or your company own real property in Kansas? If so, then challenging your property's tax valuation is more appealing than ever, thanks to the 2014 Kansas Legislature. ...more

Respond with Caution! Responses to Discovery "Subject to the Stated Objections" May Waive Your Client's Objections

A growing number of federal courts have confirmed that the once-common discovery practice of asserting an objection followed by a bare "conditional" response, i.e., stating that "Subject to and without waiving the stated...more

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