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Retail Law Advisor

Category Archives: Real Estate

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Bankruptcy Lease Auctions – Landlords Can Play Too

Posted in Bankruptcy, Leasing, Real Estate, Retail

Toys “R” Us filed for bankruptcy in September 2017, with hopes that a strong holiday season would facilitate a successful reorganization. After holiday sales proved to be far less lucrative than the company and its professionals had hoped, the announcement was recently made that the company would commence store closing sales at all 735 of its… Continue Reading

Bringing Residential Uses to Existing Shopping Centers- A Win Win

Posted in Multifamily, Real Estate, Retail

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 recent dominant trend in the multifamily residential sector may offer valuable opportunities for shopping center owners. For those in the multifamily residential real estate… Continue Reading

Settlement Opens Door For Outer Borough Outlet Centers

Posted in Landlords, Leasing, Real Estate, Restaurants, Retail, Tenant

In August 2017, Simon Property Group (“SPG”) and the Office of the Attorney General of the State of New York (“NYAG”) entered into an Assurance of Discontinuance (the “Settlement”) regarding alleged anti-competitive effects of radius restrictions used by SPG in leases at the Woodbury Common Premium Outlets (“Woodbury Commons”) and The Mills at Jersey Gardens… Continue Reading

Foreign Retailers Entering New Markets: Finding A Home Of One’s Own

Posted in Real Estate, Retail, Retail Sales

The first task facing a retailer entering a new market? To find its customer. This chore takes on more significance for foreign retailers venturing into a complex, expansive and heterogeneous market such as the United States. Depending upon the soundness of the choice, the proverbial pot at the end of the rainbow could be filled… Continue Reading

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

Posted in Real Estate, Retail

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 actually remained stable and, in fact, is thriving in certain sectors. According to a recent… Continue Reading

ICSC RECon 2017 – ICSC RECon Continues to Draw the Crowds

Posted in Real Estate, Retail

ICSC RECon 2017 was held last week from May 21-24 at the Las Vegas Convention Center. This year, the conference lived up to its billing as the “World’s Largest Retail Real Estate Convention” with an estimated crowd of 37,000.  This represents about a 2.7% increase over last year and continues the trend of growing attendance… Continue Reading

The Future of Urban Retail: A Business Real Estate Roundtable

Posted in Real Estate, Retail

As the competitive retail marketplace continues to shape itself, we take an active role monitoring trends and uncovering the legal ramifications.  This week, we are pleased to share Crain’s New York Business Real Estate Roundtable. In this piece, the discussion centers on The Future of Urban Retail. Our partner and leader in New York real… Continue Reading

End Of An Era Or Simply a Moment In Time?

Posted in Landlords, Leasing, Real Estate, Retail, Retail Sales, Tenant

What conclusions can we draw from the increasing vacancy rates in prime NYC retail real estate?  A momentary blip? Something we’ve seen many times before, only to be followed by the inevitable climb in rents to their customary stratospheric levels? Analysts claim that rents in the retail sweet spot of Madison Avenue between 57th and… Continue Reading

ICSC Mid-Atlantic Conference & Deal Making Recap

Posted in Landlords, Leasing, Real Estate, Restaurants, Retail, Tenant

With seemingly all of the country’s attention focused on Washington DC lately, we snuck out of the District and across the Potomac River to National Harbor last week for ICSC’s 2017 Mid-Atlantic Conference and Deal Making. The conference was very well attended, and the mood among attendees and presenters was generally upbeat. Anecdotally, the sentiment… Continue Reading

Oh the Sidewalks Outside Are Frightful, But Landlords Will Make Them Delightful… or Will They?

Posted in Compliance, Landlords, Leasing, Real Estate, Retail, Tenant

Although we haven’t seen much snow accumulation in the northeast to date, we know that this can (and likely will) change before the warmer weather returns. Before the snow really begins to fall, it would behoove both landlords and tenants to become informed about their snow clearing responsibilities and to ensure removal plans are in… Continue Reading

Upscale Food Halls—On Trend and On The Rise

Posted in Landlords, Leasing, Real Estate, Restaurants, Retail, Retail Sales

The growth of high-end food halls is taking off around the country as consumers seek fast, fresh, high-quality, chef-driven meals with a local touch, and as landlords seek to cash in on the continued growth of fast-casual dining. These boutique-style, upscale food halls are modeled more after famous European markets like Barcelona’s Mercado de la… Continue Reading

Blockchain – The Future of Real Estate?

Posted in Finance, Real Estate, Retail, Retail Sales, Technology

Bitcoin and blockchain technology have been gaining publicity in recent years, and although they are primarily known for their use as a digital payment system, there are also promising uses in many areas where trust, cost and efficiency can be improved, including real estate. So what is blockchain, exactly? Blockchain is a distributed ledger system… Continue Reading

The Power of Pop-ups: From Fad to Retail Mainstay

Posted in Landlords, Pop-up Retail, Real Estate, Restaurants, Retail, Retail Sales

Pop-up stores or “flash retail” have graduated from passing trend to popular practice. Historically utilized for the sale of seasonal products (think temporary stores that only sell Halloween costumes), the pop-up has evolved into an attractive option for retailers of all shapes, sizes and experience. Smaller, emerging companies have jumped on the pop-up as an… Continue Reading

Food For Thought: How Delivery-Only Food Service Is Impacting Retail Real Estate

Posted in Real Estate, Restaurants, Retail, Retail Sales, Technology

Today’s consumer is a tricky one – she is impatient and demanding.  She requires excellent service in the blink of an eye (or perhaps, more appropriately, in the swipe of a finger), and likes to eat meals made with high quality ingredients. Celebrity chefs have taken note. Chefs like David Chang, the man behind the… Continue Reading

To Brexit or Not to Brexit? Our Observations on UK Retail

Posted in Real Estate, Retail

Our Retail team just returned from a week in London where we met with the firm’s UK-based retail clients and other retail industry professionals. The biggest topic of conversation centered around Brexit. On June 23rd, Britain will hold an historic referendum on whether the country will leave the European Union, which is often referred to… Continue Reading

ICSC RECon 2016 – Holding Court

Posted in Real Estate, Retail

ICSC RECon 2016 tipped off with a keynote address by Earvin “Magic” Johnson, Chairman and CEO of Magic Johnson Enterprises and former NBA superstar. Attendance was up by about 2.7 percent from last year, with around 36,000 attendees, representing the more than 1,100 companies that registered for the sold out event. Real Estate developers from… Continue Reading

Return of the Food Trucks – New Offerings vs. Old Favorites

Posted in Permitting, Real Estate, Restaurants, Retail

It’s that time of year again: flowers are blooming on the Common, the Red Sox had their opening day, and the best parts about Boston summer have started to reappear. This year, however, many of Boston’s beloved food trucks almost did not. Food trucks began to really take off in Boston in 2011, jumping on… Continue Reading

Sustainable Retail – Eco-Friendly Shopping at the Mall

Posted in Office, Real Estate, Retail

Sustainability experts claim that “a good building- efficiency rating is quickly becoming the real estate equivalent of a motor vehicle’s miles-per-gallon rating and helps bring capital to owners and investors.” The National Real Estate Investor reports that investors and tenants alike prefer retail properties with sustainability measures in place. Studies based on the office market… Continue Reading

New Lease Accounting Rules Are Final: Retailers and, Ultimately, Landlords Can Expect Changes

Posted in Landlords, Leasing, Real Estate, Retail, Tax

We recently wrote about expected changes to the rules governing the way leases are accounted for on balance sheets and suggested the changes would have major implications for retailer tenants and longer term implications for landlords. Late last week, as expected, the Financial Accounting Standards Board (“FASB”) issued a suite of now final rule changes… Continue Reading

The Burgeoning Winds of Retail in Emerging Markets

Posted in Real Estate, Retail

For those that follow the mantra – “fortune favors the bold” – breaking ground in lesser known international retail frontiers may have significant pay-offs, as evidenced by the first-wave of retailers who made retail investments in BRIC cities. Driven by massive urbanization and an increasing number of middle-class individuals, retailers are expanding their operations in… Continue Reading

A Case of Caution: the Effect of Redevelopment on Existing Mall Leases

Posted in Development, Landlords, Leasing, Real Estate, Retail, Tenant

In a follow up to our other posts regarding the White Flint Mall redevelopment, the jury has reached a verdict. Until recently, White Flint Mall in Bethesda, Maryland was a prime example of retail mall success. However, as the mall began to lose tenants and customers, its owner decided to redevelop the mall into a… Continue Reading

Trends in Urban Grocery Store Development in Washington, D.C.

Posted in Real Estate, Retail, Zoning

Continuing our coverage of trends in urban grocery store development, this post examines recent and ongoing activity in Washington, D.C., which is a leader in grocery-anchored, mixed-use redevelopment projects. It’s not by accident that DC leads in urban grocery store development. District leaders have undertaken a concerted effort to attract new grocery stores through public… Continue Reading

RECon 2015: a Decidedly Global Outlook

Posted in Real Estate, Retail

We are back from the ICSC’s RECon Global Retail conference, and needed the full long weekend to recover!  More than 34,000 real estate professionals attended the event (substantially exceeding last year’s attendance), and the mood among was decidedly upbeat. While the conference has always been the single most important event on the calendar of U.S…. Continue Reading