News & Analysis as of

Shopping Centers

ICSC RECon In Full Swing

by Goulston & Storrs PC on

ICSC is in full swing at the Las Vegas Convention Center this week. This is the world’s largest gathering of retail real estate professionals....more

The New Dawn of Retail: Apocalypse or Evolution?

by Goulston & Storrs PC on

Major retailers that once reigned supreme with brick and mortar stores now face unparalleled challenges. Historically, major retailers dominated the retail industry by opening stores in the most desirable locations and...more

Appellate Division Reverses Site Plan Approval Requiring Merger of Six Individual Lots into One Shopping Center Lot

by Farrell Fritz, P.C. on

It is not uncommon for municipal planning departments to require applicants that are seeking land use approvals involving multiple contiguous parcels to consolidate or merge the properties to form one single larger parcel. ...more

Pop-Up Stores- From Mall Kiosks to Dedicated Mall Spaces

by Goulston & Storrs PC on

It seems that everywhere we turn, there is another story about how the traditional, enclosed shopping mall is facing a slow and painful death. Big box and other brick and mortar stores are closing, and mall landlords are...more

ROZ-boete bij wanbetaling. Cumulatief of niet - (ROZ fine in case of non-payment. Cumulative or not)(Dutch)

by Dentons on

In almost all models of the ROZ for commercial space and retail space, a provision has been included that imposes a fine on overdue payments amounting to a percentage of the rent arrears with a minimum. There is a lot of...more

Bringing Residential Uses to Existing Shopping Centers - A Win Win

by Goulston & Storrs PC on

Tenant curation, experiential retail, and social media-based marketing are thriving trends in today’s brick-and-mortar shopping center industry. Retail is not the only real estate asset class susceptible to trends, and a...more

Exclusive Use Provisions in Commercial Leases

by Ward and Smith, P.A. on

Exclusive use provisions are common in commercial leases, especially in large shopping centers with many tenants. An exclusive use provision essentially allows a tenant to use its premises for an intended specific use (for...more

Repurposing Retail Properties in the Age of E-commerce

by Foley & Lardner LLP on

The question of whether aging commercial properties can find new life and cash flow is one that has haunted the industry since the Great Recession began and continued through 2017 when the “wall of maturities” was expected to...more

CEQA Does Not Require City’s General Plan Update EIR to Address Urban Decay Based on Broker’s Speculative Opinion Concerning...

by Miller Starr Regalia on

In an opinion filed on January 4, and later certified for partial publication on January 30, 2018, the Fifth District Court of Appeal affirmed a trial court judgment rejecting appellant’s claim that the EIR for the City of...more

Decaffeinated: Simon Property Group L.P. v. Starbucks Corporation Is Not a Fix for the Retail Apocalypse

by Polsinelli on

The shopping center world is abuzz with the recent decision in the Simon Property Group L.P. v. Starbucks Corporation decision, which prevented Starbucks from shuttering 77 of its Teavana stores in Simon-owned or managed...more

How Simon Finally Stopped Retail Stores from Closing

by Arnall Golden Gregory LLP on

A major retail landlord recently won a case that is reverberating throughout the retail industry. An Indiana Superior Court Judge has granted Simon Property Group’s (“Simon’s”) request to enjoin Starbucks from closing 77 of...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The Times explores the $27 billion in fixed-income-trading income that has seeped out of Wall Street over the past 5 years thanks to “a combination of tough regulations, new technologies, calm markets and changing customer...more

Vitamin D and Retail: But Not Without Due Diligence First

by Goulston & Storrs PC on

We’ve all read about the question marks floating around the fate of brick and mortar retail in America. Factors like the strength of e-commerce and shifting consumer preferences (such as the popularity of urban centers over...more

Defence + Indemnity: December 2017 - I. Insurance Issues B.

by Field Law on

I. INSURANCE ISSUES - B. Where a claim is advanced against a parent in negligence for injury suffered by his child, the family member exclusion clause in the parent’s homeowner’s policy was held to exclude coverage for the...more

Teavana and Whole Foods: Is the Pendulum Swinging in Favor of Protecting Mall Landlords Against Strategic Tenant Closures?

by Goulston & Storrs PC on

As mall landlords continue to see substantial tenant vacancies, some landlords have begun to challenge solvent tenants who decide to go dark before the end of their lease. In two important recent cases — Simon Property Group,...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Crowdfunding site Indiegogo is hoping that a bold move—as one of the first mainstream companies to do so— into the roller-coaster world of ICOs will help make the offerings more palatable for small and large investors....more

Out is Now In – Understanding the Outparcel Trend and Potential Pitfalls

During the last several years, we have noticed a trend in the world of retail development. More and more “big-box” retail companies are carving out parts of their parking lots to create new outparcels. To understand the...more

Surviving the Retail Shift: Part 5 of a 5 Part Series - Looking Ahead; Lessons Learned from the Retail Shift

by Polsinelli on

The retail industry has faced significant challenges this year. In 2017, more than 5,000 retail stores closed their doors, many of them portfolio-wide closures by well-known department-store chains who were synonymous with...more

Technology in the Property Industry

by Hogan Lovells on

Hogan Lovells hosted the Reading Real Estate Foundation Breakfast Forum (RREF*) on 17 November 2017. This year’s topic was: Technology in the Property Industry and provided digital food for thought from three key areas....more

Court May Seek Clarification From Agency Regarding Issue In Pending Litigation

by Perkins Coie on

The Sixth District Court of Appeal held that a trial court in a mandamus action had the inherent power to remand to the Board of Supervisors for clarification regarding an ambiguous general plan consistency finding. The...more

E-Commerce vs. Brick and Mortar: Buying and Selling Shopping Centers in Distress

by Blank Rome LLP on

Declining sales by large brick-and-mortar stores are a harbinger of the challenges facing shopping center owners. The continued popularity of e-commerce shopping creates additional pressure on the retail business model. As...more

Surprises For International Retailers Coming to the USA

by Goulston & Storrs PC on

We are all aware that stateside landlords long for that new, fresh idea—something they can show off at their mall or street location and that can’t be found in every mall in every city in the country. ...more

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

by Polsinelli on

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

Medtail: Why Your Doctor Is Treating You in a Strip Mall

by Goulston & Storrs PC on

The retail universe is well aware of the hype that it is only a matter of time until brick and mortal retail succumbs to its online competitors. However, despite the “doom and gloom” we generally see in headlines, retail has...more

Reinventing The Suburbs

by Akerman LLP on

Since the 1960s, baby boomers have driven a migration to the suburbs, where a simple calculus has been at work for a very long time: the farther one moves away from an urban center, the better value one gets for one’s...more

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