News & Analysis as of

Commercial Leases Brick-and-Mortar Stores

Winstead PC

"Luxury Makeovers" Reinvigorate Classic Shopping Centers

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A Dallas-based developer has acquired one of the oldest shopping centers in America and proposes to reinvigorate the center with a “luxury makeover.”...more

Hinckley Allen

3 Real Estate Considerations for the New Hybrid Model of Retail

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Once thought to herald the demise of brick and mortar stores, online shopping is proving to be a critical element in the revival of the in-person retail shopping experience. The advent of online shopping forced a substantial...more

Levenfeld Pearlstein, LLC

Is the Future of Retail Leasing in Redevelopment? 4 Considerations for Landlords to Keep in Mind When Restructuring Retail Centers

In 2024, the market is coming to terms with the reality that brick-and-mortar retail will likely not be what it was pre-pandemic. However, where uncertainty and fear regarding the future of retail was prevalent just a couple...more

Hinckley Allen

The Retail Pivot: Land Use Considerations Amidst Industry Transformation

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Contrary to popular belief, brick and mortar retail spaces are not dying, but they are changing, and the zoning implications are significant. In 2023, North American retail vacancy rates declined to record lows, and less...more

Patterson Belknap Webb & Tyler LLP

What to Do If Your Tenant Is Bankrupt

On September 15, President Biden announced a tentative deal with unions representing tens of thousands of railroad workers that helped narrowly avoid a strike that threatened to devastate the country’s delicate supply chains...more

Goulston & Storrs PC

ICSC U.S. Law Conference 2021

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The 51st Annual International Council of Shopping Centers (ICSC) U.S. Law Conference was held earlier this month in San Francisco from November 3 – 5, 2021. Chaired by our own David Rabinowitz, the event hosted more than 700...more

Allen Matkins

While Still Pessimistic, Retail Outlook Begins to Rebound

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Following a continued decline into pessimism, retail may be coming back from the bottom of the cycle, according to the latest Allen Matkins/UCLA Anderson Forecast California Commercial Real Estate Survey. The current view is...more

Womble Bond Dickinson

Reduce High Occupancy Costs

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E-commerce was here to stay even before the pandemic devastated small businesses and placed an even greater premium on technology. In the changed landscape, lowering occupancy costs by reducing property taxes is one of the...more

Shutts & Bowen LLP

What to Expect Next in the Post COVID-19 Real Estate Market

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The pandemic has significantly impacted the real estate sector. With a surge in the number of employees who work from home, the demand for office space has softened. At the same time, growth in e-commerce has exploded,...more

Goulston & Storrs PC

As the “Legal” World Turns – Lessons Learned from ICSC Law Conference 2020

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Last month, not only did the International Council of Shopping Center (ICSC) host its 50th U.S. Law Conference, but, for the first time in its history, it did so virtually due to the impact of COVID-19! While some attendees...more

Goulston & Storrs PC

ICSC Law Conference 2020 – 50th Anniversary Edition

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This year, the ICSC Law Conference on October 14-16 celebrated its 50th Anniversary. The planned pomp and circumstance were eliminated due to COVID-19, but the conference was still held using a virtual platform. While less...more

BCLP

BCLP Retail Insight: The Week That Was, Vol 9

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This week, the BCLP Retail team discuss the latest round of government restrictions to reduce the spread of Covid-19, and offer an updated timeline of relevant measures. We look at potential uses of empty retail space and...more

BCLP

BCLP Retail Insight: The Week that Was Vol. 8

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This week, the BCLP Retail team analyse the recent rent payment figures from the retail sector and discuss possible creative means of fostering resiliency for landlords and operators. We look at the reaction from retailers to...more

BCLP

BCLP Retail Insight: The Week That Was Vol. 5

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This week the BCLP Retail Team discuss the future of turnover rents following the COVID-19 crisis, reflect on the Government’s Eat Out to Help Out scheme, and consider the future footprint of department stores. We also share...more

Gray Reed

Can an Email Exchange Modify a Lease?

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Before the pandemic, Ernest Bux’s niece Chit Bux signed a lease with Iona Mall in an upscale strip shopping center and hired a contractor to build out her dream business – a beauty salon “Cuts & Fluffs.” When Dallas County...more

Dechert LLP

Sears, Mall of America and a New Look at Shopping Center Lease Protections

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In general, a trustee or debtor in possession may assign a lease if it cures any monetary defaults and provides adequate assurance of future performance by the proposed assignee. If the lease is for space in a shopping...more

Goulston & Storrs PC

Let’s Get Innovative! - Using short term deals to solve long term problems.

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There continues to be a lot of discussion throughout the commercial real estate industry about competition from online retailers and the holes created by failing and downsizing businesses that have traditionally focused on...more

Obermayer Rebmann Maxwell & Hippel LLP

Pop-up Shops: Legal Considerations for a Growing Trend in Retail Leasing

Pop-up shops have become an increasingly popular way for both new and existing retailers to introduce a business or to test a new product, service or location. The original pop-ups were seasonal, such as Halloween and...more

Kramer Levin Naftalis & Frankel LLP

A Look at Retail Restructurings: Forever 21

Kramer Levin was selected as counsel to the Official Committee of Unsecured Creditors of Forever 21 and its affiliates, which filed for Chapter 11 protection in Delaware on Sept. 29, 2019. Forever 21 is a specialty fashion...more

Goulston & Storrs PC

Retail-to-Industrial Conversions: Revolution or Niche Trend?

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It may have been unthinkable ten to fifteen years ago, but the shift in consumer shopping patterns from brick-and-mortar stores to online platforms has resulted in the emergence of retail-to-industrial conversions over the...more

Goulston & Storrs PC

“Retail Apocalypse: The End – Or A New Beginning?”

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The last several years have been treacherous for the retail sector.  Changing shopping patterns and shifting demographics have led some commentators to declare that the (retail) apocalypse is upon us. ...more

Robins Kaplan LLP

Financial Daily Dose 7.22.2019 | Top Story: Equifax Nears $700 million Settlement Over Privacy Breach

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Credit bureau Equifax is closing in on an agreement with federal and state authorities in which it would pay $650-700 million to resolve claims related to the massive breach it revealed in September 2017 that exposed personal...more

Goulston & Storrs PC

E-Commerce and Industrial Real Estate: “Last Mile” Delivery and What Else You Should Know

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In recent years, the extensive disruption to the retail real estate landscape caused by the expansive growth of e-commerce (such as altered consumer shopping habits, increased brick-and-mortar vacancies, and big box retailer...more

Gray Reed

Uncharted Territory For Retail Tenants And Landlords: Factoring Online Returns Into Gross Sales Calculations

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With the rise of e-commerce, declining foot traffic in malls and shuttering department stores,retail landlords and brick and-mortar tenants have faced a wave of challenges in recent years. As a result, both landlords and...more

Goulston & Storrs PC

When the Retail Anchor Becomes the Risk… or Opportunity?

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Big box stores have recently been large contributors to the “retail apocalypse” facing owners of shopping centers with broad swaths of empty space....more

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