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Winstead PC

Structuring Co-Tenancy Clauses: A Collaborative Approach to Risk and Remedy

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In the ever-morphing world of Retail Leasing, co-tenancy clauses often become the focus of negotiation—and a frequent flashpoint of disputes. Designed to protect tenants from being left vulnerable when shopping centers lose...more

Allen Matkins

Doubling Down on Retail

Allen Matkins on

With vacancy rates somewhat stable across the state, retail, residential, and other commercial functions are blending together, driven by consumer demand for convenience and offerings beyond traditional shopping. While malls...more

Stark & Stark

A BIG LOTS Chapter 11 Lesson: Caution Needed When Doing Business with Chapter 11 Debtors

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Vendors, landlords, and other creditors often feel a sense of security when doing business with Chapter 11 debtors. The Bankruptcy Code, and even court orders entered at the outset of a bankruptcy case, seemingly provide a...more

BCLP

The High Street is Feeling the Love… Or Is It?

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It’s “Love your High Street Week”! So, what better way to start the week than to consider two significant legal reforms announced by the government last week, that are intended to boost and revitalise the High Street...more

Stoel Rives LLP

What Landlords Should Know When Restaurant Tenants Go Under

Stoel Rives LLP on

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

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

Stark & Stark

JOANN’s Chapter 11 Bankruptcy Filing: Stitching Together a Reorganization

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​​​​​​​JOANN, Inc., aka Jo-Ann Stores Holdings Inc. aka JOANN aka Jo-Ann Fabrics and Crafts, the 80-year-old, Ohio-based, arts-and-crafts operator filed for Chapter 11 bankruptcy protection in the District of Delaware...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

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

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

Nutter McClennen & Fish LLP

The Long Haul: The Blueprint for Commercial Real Estate in a Post-Pandemic World

On April 29, the Real Estate Finance Association (REFA) hosted a webinar, The Impact of COVID-19, One Year Later. The program focused on the impact of the COVID-19 pandemic on the commercial real estate industry....more

Holland & Knight LLP

Rethinking the Landlord/Tenant Relationship in Retail

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As a result of the COVID-19 pandemic, landlords/owners have frequently been forced to renegotiate leases with, or take back space from, restaurant, gym, movie theater and other retail tenants that have little to no credit and...more

Holland & Knight LLP

Considerations for Retail Space in an Office Building

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A successful relationship between an office building owner and retail tenant usually involves educating each party to the particular attributes of the other party's business. For example, a retail tenant typically has little...more

Lowndes

COVID-19-Related Lease Modifications Raise New Issues of Liability for Unpaid Rent

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As pandemic-related shutdowns battered the retail and restaurant industry, many tenants avoided defaulting on their leases by negotiating a lease workout. These agreements often provided tenants some much-needed rent relief...more

Holland & Knight LLP

Look for More Landlord Protections in Retail Deferral Agreements and Extensions

Holland & Knight LLP on

In April and May of 2020, the unprecedented challenges resulting from the COVID-19 pandemic and the related mandatory closures and restrictions on operations began to be felt by retail tenants across the United States. As a...more

Winstead PC

The Great Texas Freeze: Insurance Policies May Leave Landlords Out in the Cold

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The historic February 13-17, 2021, winter storm caused billions of dollars in property damage across the state of Texas. Extreme low temperatures, heavy snow and ice storms and widespread power outages led to broken pipes 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

Goodwin

Envisioning the New Normal: Real Estate + Technology: Part 7: Industrial

Goodwin on

This article is the seventh of a multi-part series examining the impact of the COVID-19 pandemic on select real estate sectors and the considerations around how technologies will shape future operations and accelerate means...more

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