Arnall Golden Gregory’s Retail Industry Team would like to thank those that joined us for our Annual Breakfast Briefing “Hot Topics for Commercial Property Owners and Managers” on November 29, 2016. We hope that you found the session valuable. The discussion covered some of the latest issues facing commercial property owners and managers. Some of the issues come from what our attorneys learned at the ICSC Law Conference. Most, though, come from our experiences representing owners, developers, property managers, and tenants of commercial real estate. This year, we focused on three issues: ADA compliance, luxury retail, and litigating lease audits. For the benefit of those who were unable to attend, and as a recap for those who joined us, we are providing a discussion of each topic below. 

• What Landlords and Property Managers Need to Know About the Americans with Disabilities Act
  By: C. Knox Withers
  
  In recent years, there has been a proliferation of “drive-by lawsuits” involving the Americans with Disabilities Act (“ADA”). Such actions typically involve a plaintiff’s lawyer cruising around town with a disabled individual in search of retail properties whose premises are in violation of the ADA. Indeed, these lawsuits are so prevalent that 60 Minutes recently dedicated a portion of its Sunday night program to the topic. More >
• Benefits and Challenges to Leasing to Luxury Tenants
  By: Jenna P. Cooley
  
  Rather than creating a traditional shopping experience, more and more developers today focus on creating dynamic, unique, and “out-of-the-box” destinations by leasing to “high-end” or “luxury” tenants. Landlords seek out luxury and high-end retailers as part of their tenant mix in an effort to create an upscale, luxurious shopping environment that attracts both “aspirational” and wealthy clientele. Luxury retailers often seek out such developments hoping to enhance and expand their branding efforts. In theory, this should be a “win-win” for both sides; however, certain characteristics of luxury tenants create particularly challenging leasing issues. More >
• Litigating a Lease Audit
  By: David J. Marmins
  
  Considering that lease audits are a fact of life in the world of commercial real estate, it only makes sense to prepare for one well before it occurs. When negotiation a lease, both the landlord and tenant should be mindful of how they will resolve disputes over operating expenses. Of course, one way to do away with this issue is fixed CAM. Assuming the tenant’s rent is determined in part by its share of operating expenses, though, lease audits must be anticipated. More >