News & Analysis as of

Commercial Tenants Retailers

Stoel Rives LLP

What Landlords Should Know When Restaurant Tenants Go Under

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As anyone who has watched FX’s The Bear knows, running a restaurant is hard work. When restaurants occupying leased commercial space fail, commercial landlords need a gameplan to protect their interests. Some key...more

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

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

Lowenstein Sandler LLP

Navigating the New York City Retail Landscape: Trends, Tactics, and Tenacity

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In this episode of “Terra Firma: Conversations on Commercial Real Estate,” hosts Stacey C. Tyler and Stephen Tanico discuss the evolution of New York City retail leasing with their guest Julia E. Sanabria, partner in the...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

Holland & Knight LLP

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

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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

Katten Muchin Rosenman LLP

How Will Rising Interest Rates and Economic Uncertainty Impact Real Estate Industry in 2024?

Katten and Cushman & Wakefield have partnered to provide commercial real estate thought leaders with an opportunity to network and examine current factors impacting the industry during a January 25 event in Charlotte. Real...more

Burr & Forman

The Re-Imagining of the American Shopping Mall

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Nearly 70 years ago the American shopping mall was born in Edina, Minnesota. Southdale Mall was the idea of the Godfather of the Shopping Mall, Victor Gruen. The Austrian-American architect immigrated to the United States in...more

Arnall Golden Gregory LLP

To Terminate or Not to Terminate: Alternative Lease Remedies and When to Use Them

Most commercial real estate leases afford the landlord multiple remedies to address a tenant’s default. Frequently, such remedies are cumulative, as the landlord may pursue concurrent options. However, two of the most common...more

Cole Schotz

Real Estate Leases: A Look at Retail

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Coming out of Q1 2023, we have a picture painted of the challenges and opportunities facing the retail sector. What is clear is that deals are more difficult to close in the current business climate. After speaking with...more

BCLP

Like buses...nothing for months then three Covid arrears arbitration awards all at once

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Falcon Chambers Arbitration has recently published three awards under the Commercial Rent (Coronavirus) Act 2022, that provide welcome guidance on the interpretation and application of the 2022 Act....more

Stark & Stark

10 Retailers to Watch for a Bankruptcy Filing in 2022

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The last half of 2021 was virtually a ghost town for filing retail bankruptcies. However, the rise of the Omicron variant has significantly delayed a full return to normal for shopping centers. ...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

Hogan Lovells

Too little too latte: Challenge to Caffé Nero CVA fails at its final hearing

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The High Court has dismissed an application by a landlord creditor to overturn a company voluntary arrangement (CVA) implemented by coffee shop chain Caffé Nero. The CVA, previously approved by its creditors, compromised...more

K&L Gates LLP

COVID-19: (Australia) NSW Government updated Retail and Other Commercial Leases – September Update

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*This information is accurate as of 12:00pm Monday 27 September 2021 and is subject to change as this situation evolves. On 25 August 2021, we issued an update regarding recent changes. The alert below provides an updated...more

Cadwalader, Wickersham & Taft LLP

See You in September August 2021 - There Was No 'Gap' in the Lease Language: COVID Is Not a Casualty

On June 29, 2021, in The Gap, Inc. v. 170 Broadway Retail Owner, LLC, the New York Appellate Division, First Department, overturned an earlier decision by the New York Supreme Court and issued a decisive victory to commercial...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

Obermayer Rebmann Maxwell & Hippel LLP

Repurposing Of Retail Space

Even before the pandemic, many retail stores were grappling to stay afloat as the preference of consumers to purchase goods online increased. Covid-19 obviously accelerated this trend, causing numerous shopping malls and...more

Farrell Fritz, P.C.

Commercial Lease Disputes Becoming a Little More Frequent than “From Time to Time”

Farrell Fritz, P.C. on

I think it’s fair to say that there’s been an uptick in litigation involving commercial lease disputes and retail property closings gone awry over the last 15 months.  And for obvious reasons. ...more

Hogan Lovells

Landlords win victory in latest CVA challenge case

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In the latest High Court decision relating to Company Voluntary Arrangements in the UK, the judge held that the Regis hairdressing group CVA should be revoked on the basis that it favoured shareholders at the expense of...more

Cadwalader, Wickersham & Taft LLP

Summer's Coming, May 2021 | Issue No. 24 - COVID-19 Update: Can't Lose What You Never Had: Court Rejects All Legal Theories...

The United States District Court for the Southern District of New York (the “Court”) decided in Gap Inc. v. Ponte Gadea N.Y. LLC on March 8, 2021 that a retail tenant will not be able to use the COVID-19 pandemic as an excuse...more

Kramer Levin Naftalis & Frankel LLP

Proposed FRESH Food Stores Update (FRESH II)

The Department of City Planning (DCP) has proposed text amendments to modify and expand the existing Food Retail Expansion to Support Health (FRESH) program under ZR 63-00 for neighborhood grocery stores and supermarkets...more

Pullman & Comley, LLC

Repurposing Connecticut's Commercial Real Estate Market in the Wake of COVID-19

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The myriad of public and private responses to the COVID-19 pandemic, including inter alia, full or partial stay-at-home orders, occupancy limits, spatial requirements and the like, have had a profound impact on the demand for...more

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