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Winstead PC

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

Winstead PC on

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

Farrell Fritz, P.C.

Retail Reckoning for Suburban Strip Malls

Farrell Fritz, P.C. on

Suburban strip malls have been a staple of Long Island’s retail identity – convenient, accessible, and often anchored by big-name national chains. But, as retail trends evolve and those anchor tenants face uncertainty and for...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?

BCLP on

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

Hinckley Allen

Easing Use Restrictions Opens Up Opportunities in Retail for Landlords and Tenants

Hinckley Allen on

Use restrictions—once rigidly dictated by anchor tenants—are undergoing significant transformations leading to new opportunities for retailers and landlords. Historically, retailers wielded considerable influence, often...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

Lowenstein Sandler LLP on

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

99 Cents Only Is Not Enough to Avoid Chapter 11 Bankruptcy

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​​​​​​​Number Holdings, Inc. the parent company of 99 Cents Only Stores LLC (“99 Cents” or the “Company”), an extreme value retail store operator, along with several affiliates, filed for Chapter 11 bankruptcy protection in...more

Stark & Stark

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

Stark & Stark on

​​​​​​​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

Clark Hill PLC

Will Commercial Real Estate Sink or Swim in 2024?

Clark Hill PLC on

In 2024, we anticipate that the commercial real estate industry will continue to face distress with some stabilization. This alert focuses on three subsets of the commercial real estate market: retail, office, and...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

Weber Gallagher Simpson Stapleton Fires &...

In a Win for Commercial Defendants and Their Insurers, the New Jersey Appellate Court Declines to Limit the “Ongoing Storm Rule”...

The New Jersey Appellate Division has recently confirmed that the “ongoing storm rule” established in Pareja v. Princeton International Properties, 246 N.J. 546 (2021) applies to privately owned commercial properties,...more

Burr & Forman

The Re-Imagining of the American Shopping Mall

Burr & Forman on

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

Cole Schotz on

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

Do you want to know how much your business will be paying in business rates from 1 April 2023?

BCLP on

It is a good question because the new rating list; the first for 6 years, takes effect on that day. The rateable values that are being compiled reflect letting values (more or less) as at 1 April 2021....more

BCLP

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

BCLP on

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

BCLP

Employment Law Horizon Scanning - Publication 4

BCLP on

Although we may be in a transitional period, we believe hybrid working will be the dominant form of working arrangement moving forward. Why do we think this? ...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

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