News & Analysis as of

Retail Market Contract Terms

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

Lowndes

Exclusive Use Clauses in Shopping Center Leases

Lowndes on

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

Kohrman Jackson & Krantz LLP

Five Tips for Businesses to Navigate the Supply Chain Crisis

At this point, it is impossible to escape hearing about or experiencing the supply chain crisis grabbing headlines and impacting businesses – and families – across the globe. This issue has attracted the attention of the...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

BCLP

BCLP Retail Insight: The Week That Was, Vol 9

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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

Wyrick Robbins Yates & Ponton LLP

Structuring M&A Agreements – Five Lessons from the Tiffany & Co. V. LVMH Affair

It was a whirlwind affair. The Manhattan socialite and the sophisticated Parisian. Tiffany & Co. (NYSE: “TIF”) and LVMH, Moët Hennessy Louis Vuitton SE (OTC: “LVMUY”), announced their engagement, via joint press release, on...more

Carlton Fields

Second Circuit Affirms EDNY Ruling That Customer Is Bound to Arbitration Clause in Amazon’s Conditions of Use

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A customer argued that he is not bound to the arbitration clause included in Amazon’s conditions of use since August 2011 because he never received notice of the clause or manifested his assent to it. Nonetheless, the...more

Morgan Lewis

UK Takeover Panel: COVID-19 and UK Lockdown Insufficient to Trigger MAC Conditions

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The offeror for Moss Bros sought to rely on standard material adverse change conditions to lapse the offer, on the basis of the impact of the coronavirus (COVID-19) pandemic and related UK governmental measures on Moss Bros. ...more

Goulston & Storrs PC

Legal Corner

Goulston & Storrs PC on

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

Hogan Lovells

Luxury retailers in Hong Kong and neighboring markets face Coronavirus crisis

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Over the past nine months in Hong Kong, luxury retailers have encountered a challenging market. Hong Kong has traditionally been a popular destination for Mainland Chinese seeking to purchase luxury goods, but recent...more

Goulston & Storrs PC

Let’s Get Innovative! - Using short term deals to solve long term problems.

Goulston & Storrs PC on

There continues to be a lot of discussion throughout the commercial real estate industry about competition from online retailers and the holes created by failing and downsizing businesses that have traditionally focused on...more

Obermayer Rebmann Maxwell & Hippel LLP

Pop-up Shops: Legal Considerations for a Growing Trend in Retail Leasing

Pop-up shops have become an increasingly popular way for both new and existing retailers to introduce a business or to test a new product, service or location. The original pop-ups were seasonal, such as Halloween and...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

Lowndes

Exclusives in Leases

Lowndes on

Granting a tenant an exclusive use of their premises in a retail setting can be a powerful inducement to have the tenant agree to a lease. There is little doubt, however, that the use of exclusives often leads to eventual...more

Goulston & Storrs PC

Three Trends Driving Consumer Behavior in the Retail Real Estate Business

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Goulston & Storrs partners Nancy Davids, Matt Epstein, Karen O’Malley and David Rabinowitz recently sat down with Forbes to discuss how changes in consumer behavior continue to drive evolution in the retail real estate...more

Hogan Lovells

Selective distribution and online sales: complying with EU competition law after the Coty judgment

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The Court of Justice of the European Union recently issued a landmark judgment that will affect distribution and online sales in particular in the consumer goods and digital sectors....more

Carlton Fields

Ninth Circuit Affirms Application Of Arbitration Clause Found In Amazon’s Conditions Of Use

Carlton Fields on

Applying Washington law, the Ninth Circuit Court of Appeals affirmed a California federal court’s ruling that Amazon’s Conditions of Use (COU) created a valid contract between Amazon and its customers, and there was no...more

Polsinelli

Surviving the Retail Shift: Part 3 of a 5 Part Series - Coping with Retail Closures and the Evolution of the Shopping Center,...

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Shopping centers are not dying. The retail landscape is changing, however, and so too are shopping centers. Retail stores have been closing at a breakneck pace, and Wall Street seems to think the worst is yet to come....more

Patterson Belknap Webb & Tyler LLP

Radius Restrictions – New York AG Cracks Down on Outlet Mall Operator

Outlet malls are popular destinations for consumers seeking a bargain, even if not everyone agrees that the deals are as good as advertised. But although the prices may seem low, a common provision in lease agreements...more

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