Surf-By Lawsuits: Is Your Company’s Website ADA Compliant?

By: Richard A. Mitchell

Title III of the Americans with Disabilities Act (ADA) provides “[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of any place of public accommodation by any person who owns, leases (or leases to) or operates a place of public accommodation.” Historically, a “place of public accommodation” was interpreted to refer to a physical location (i.e. a brick and mortar retail location or a park). While the ADA limits liability to injunctive relief and attorneys’ fees for prevailing parties, these lawsuits present significant risks for businesses. More >

How Does a Foreclosure Affect a Retail Lease?

By: Bartow (Bo) B. Duncan, III

A foreclosure by a lender of a landlord’s property terminates all subordinate leases on the property. In the absence of an SNDA (as discussed below), then whether a lease is subordinate is determined by the timing of the mortgage or similar instrument and the date of lease (which was entered first) and the language of the lease itself. More >

A Perspective on the Storyline that E-Commerce Will Devour the Retail Shopping Malls

By: James A. Gober

In the recent proliferation of pessimistic articles about the demise of brick-and-mortar shopping and the looming retail “meltdown” or “apocalypse,” many writers have emphasized those economic forces that support their predictions that as many as 25-30% of retail malls will close over the next 5 years and retail tenants at malls will struggle to remain in business. Amazon and other online retail providers are cited as the principal driving force behind the high profile bankruptcies and store closings being reported over the past several years involving retail anchors among other mall tenants. Besides e-commerce, the shift in consumer buying habits, especially among younger people, toward dining, travel and entertainment is another contributing factor. Also, the development of many new shopping malls with superior attributes puts lower end malls at a competitive disadvantage giving rise to a greater risk of failure.  More >