News & Analysis as of

Commercial Leases Retail Market

Hinckley Allen

Big Box Bankruptcies: Challenge and Opportunity

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The surge of big box store closures this year has left many storefronts empty across New England. With almost 3,200 chain closures nationwide since the start of the year, some landlords are seizing this opportunity to change...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

Stark & Stark

Express Fast Tracks Chapter 11 Bankruptcy Filing

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​​​​​​​Express, Inc., the fashion mall retailer, filed for Chapter 11 bankruptcy protection in the District of Delaware Bankruptcy Court, docket #24-10831 (KBO) on April 22, 2024. This is the second retailer bankruptcy...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

Hinckley Allen

Using Contingencies and Termination Rights to Build Retail Leases

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Ideally, every retail lease strikes a reasonable balance between the interests of the landlord and the tenant and lays the groundwork for a mutually beneficial relationship. However, things do not always go according to plan....more

Holland & Knight LLP

The Real Estate and Corporate Restructuring Connection, Plus Retail Restructuring Trends

Holland & Knight LLP on

The transition to online shopping, interest rate increases, labor costs, maturing debt and rising inflation have collectively taken a significant toll on the retail industry, contributing to store closures and a growing...more

Baker Donelson

Post-COVID-19 Pandemic Outlook — Restaurant Ground Leases

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As businesses begin to emerge from the COVID-19 pandemic, brick-and-mortar retail and restaurant leasing is showing strong growth. U.S. retail vacancy fell to 6.1 percent in the second quarter of 2022, the lowest level in at...more

Lowndes

Six Tips for Lenders Foreclosing a Shopping Center

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Foreclosing on a mall or shopping center presents unique issues for a lender. Failing to anticipate these issues could cause problems, such as a lengthier foreclosure process or a lower resale value after the foreclosure....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

Lowndes

Exclusive Use Clauses in Shopping Center Leases

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Exclusive use clauses are not uncommon in shopping center leases. Tenants often request these clauses to prevent the landlord from renting space to other tenants who are competitors. Ideally, a shopping center includes a...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

Allen Matkins on

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

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 10

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This week, the BCLP Retail team look at the impact of the four week lockdown for England and extension of furlough, review the scale of shop closures and key findings in LDC’s latest retail market analysis report, and discuss...more

BCLP

BCLP Retail Insight: The Week That Was, Vol 9

BCLP on

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

Goulston & Storrs PC

Bankrupt Retailers Seek Extraordinary Relief in Time of COVID

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The COVID-19 pandemic has forced big-name brands to pursue unique strategies to secure fiscal relief. Even prior to the pandemic’s outbreak, certain retailers experienced financial difficulties and filed for Chapter 11...more

McDermott Will & Emery

Mietzahlungspflicht in Gewerbemietverträgen bei behördlich angeordneten Schließungen im Zusammenhang mit der Corona-Pandemie -...

Kaum ein anderes Thema hat bei Immobilieninvestoren und Einzelhandelsmietern in den letzten Monaten so viel Beachtung gefunden wie die Frage nach Einschränkungen der Mietzahlungspflicht im Zusammenhang mit der...more

Morgan Lewis

Top Questions for Retailers in the United Kingdom Amid COVID-19

Morgan Lewis on

Key questions and issues facing the UK retail sector, an industry that has been acutely impacted by the coronavirus (COVID-19) pandemic, include mitigation strategies, reopening in line with government guidance, and future...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

White & Case LLP

Will 2020 See A Take Off for Turnover Rents In UK Real Estate?

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One of the many consequences of the COVID-19 pandemic will be the long term effect on the landlord and tenant relationship. The concept of a landlord who passively collects rent on the basis of a 10-year (or more) lease term...more

Arnall Golden Gregory LLP

From the Desk of Abe Schear: Retail - A Current Analysis

In about 1957, I went to a grocery store opening. It was in a new department store anchored mall in Cincinnati. I was allowed to “stock” the “foodomat” (where canned goods were stocked from the rear and then slid down the...more

Goulston & Storrs PC

Legal Corner

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Is a Liquidated Damages Clause Enforceable? Rue21, Inc. v Los Lunas Inv’rs, LLC, no. 18-CV-715, 2019 WL 1375405(W.D.Pa. Mar. 27, 2019). Landlord executed a letter of intent with a fashion retailer tenant in 2015 for a...more

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