News & Analysis as of

Commercial Property Owners Retailers Landlords

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

Stark & Stark on

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

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

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

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

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

Holland & Knight LLP

Rethinking the Landlord/Tenant Relationship in Retail

Holland & Knight LLP on

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

Lowndes

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

Lowndes on

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

BCLP

BCLP Retail Insight: The Week that Was Vol. 8

BCLP on

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

Morrison & Foerster LLP

Commercial Landlords (And Their Lenders) Beware: Bankruptcy Courts Are Shifting Risks To Lessors In Response To The Exigent...

The COVID-19 pandemic has triggered unprecedented levels of business disruption and forced numerous companies into bankruptcy in an effort to preserve dwindling liquidity and postpone creditor demands. Retailers, whose...more

Goulston & Storrs PC

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

Goulston & Storrs PC on

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

Allen Matkins on

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

Allen Matkins on

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

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

King & Spalding

Transient but Modern: How Popup is giving Retail a Facelift

King & Spalding on

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

Holland & Knight LLP

Cases Highlight Commercial Landlord Potential Liability for Trademark Infringement by Tenants

Holland & Knight LLP on

• Reported verdicts and settlements in the last 10 years confirm that commercial landlords/owners could be held liable for the trademark infringement activity of their tenants. • Commercial landlords/owners must take...more

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