News & Analysis as of

Retail Market Commercial Property Owners

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

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

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

Straightening Their Tenant’s Ties: Retail Property Owners Are Buying Distressed Retailers Out of Bankruptcy

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Since the early days of the COVID-19 crisis in the U.S., it has been a recurring theme to turn on the news and see that yet another big-name retailer is rumored to be on the brink of filing, or has already filed, for...more

Goulston & Storrs PC

Last Minute Shifts to Last-Mile Delivery Centers: Considerations for Retail Landlords

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Owners of shopping centers and other retail spaces are again increasingly looking to novel uses, including distribution and warehouse uses, sometimes called “fulfillment centers”, to fill growing vacancies. These emerging...more

Allen Matkins

Industrial Demand Drops Less Than Other Sectors Due to Increased Online Shopping

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Though there has been consistently high occupancy and superior rate growth in the industrial market over the past several years, the deep economic recession has caused sentiment expressed in our latest Allen Matkins/UCLA...more

Allen Matkins

Recession Furthers Retail Market's Dramatic Industry Shift

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The significant disruptive change expressed by panelists from the Bay Area and Southern California in the latest Allen Matkins/UCLA Anderson Forecast California Commercial Real Estate Survey is an extension of the trends from...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

BCLP

Loss of brand risk in branded residence projects

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Branded residence buyers, having paid a substantial premium for their association with the luxury brand, are at greater risk than they may think of the brand going away through no fault of their own. Purchasers of branded...more

King & Spalding

Transient but Modern: How Popup is giving Retail a Facelift

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As traditional leasing plans, for retail spaces in particular, have been interrupted by bankruptcies of traditional retailers and the shift in consumer habits to online shopping, a more transient tenant form is gaining...more

Neal, Gerber & Eisenberg LLP

Client Alert: Twelve Things to Consider When Negotiating a Demolition Contract

With so many big box retailers closing stores and going out of business, shopping center owners are faced with what to do with the vacated stores. ...more

Snell & Wilmer

Arizona Supreme Court Clarifies Area Variance Standard; Property Owners May Obtain an Area Variance When Special Circumstances...

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In Pawn 1st v. City of Phoenix, the Arizona Supreme Court rejected a Court of Appeals rule that would have unduly restrained alienation of property in Arizona. The Court of Appeals found that the City of Phoenix Board of...more

Shutts & Bowen LLP

Landlords beware: Your trademark infringing tenant is your problem too

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If a landlord learns that trademark infringement is occurring on its premises by one of its tenants and fails to stop further violations, the landlord may be held responsible by the trademark holder for damages relating to...more

Goulston & Storrs PC

Digitizing Brick and Mortar: Geofencing and Geolocation Can Help Retailers Win at Omnichannel

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We have blogged previously about the steady rise of e-commerce, the benefits and challenges of creating a cohesive omnichannel experience, and some of the special issues omnichannel creates for the landlord-tenant...more

Womble Bond Dickinson

How Smartphones, Showrooming Impact Property Taxes and More

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The battle between physical stores and online retail rages on, but the recent explosion in smartphone usage is blurring the battle lines. Using smartphones, consumers in a store now can simultaneously shop and compare pricing...more

Benesch

Landmarks - Summer 2015

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Technologically savvy shoppers visiting brick-and-mortar retail locations are increasingly engaging in “showrooming,” a practice where consumers use the brick-and-mortar retail location to evaluate a product in person, yet...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending January 16 & 23,2015

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REAL PROPERTY UPDATE - Commercial Lease/Cotenancy Provisions: whether cotenancy provision in lease for retail space in shopping center, which requires other particular store(s) in shopping center to remain occupied by...more

Goulston & Storrs PC

The Evolution of the Shopping Experience: Heard at ICSC Dealmaking 2014

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Despite a terrible Nor’Easter that hit the first day of the conference, nearly 9,000 attendees – a record-breaking number and 26% increase over 2013 – joined the International Council of Shopping Centers (ICSC) for the 2014...more

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