Services

Our Real Estate practice group includes more than 36 lawyers and paralegals, many of whom focus on national retail work. Our experience includes representation of national developers in development and redevelopment of retail shopping centers including big box, mixed-use, strip centers, lifestyle, fashion and streetscape projects. Work includes development, construction, leasing and financing, as well as drafting and negotiation of COREA, ECR and OEA documentation with major anchor retailers.

• Development and Leasing
• Development of a 1.7 million square foot shopping center in Florida, anchored by Target, Costco, JC Penney and Belk.
• Representation of developers in numerous department store, in line tenant, theater and other retail lease transactions, including Kmart, Best Buy, Costco, Circuit City, Kroger, Toys “R” Us, Kohl’s, Bass Pro, JC Penney, May Company and Belk.
• Current development of a 900,000 square foot shopping center in Florida, to be anchored by Target, Costco, Kohl's and AMC Theater.
• Development of a shopping center anchored by Lowe's, Kohl's and Target. The project included tax increment financing and a development agreement with the municipality.
• Mixed-use development adjacent to national financial institution property.
• Lease for two-level Home Depot in San Juan, Puerto Rico.
• Ground-up development of lifestyle center with Saks fashion anchor, including in-line tenant leasing in Palm Desert, California.
• Development of an approximately 14-acre parcel adjacent to a regional mall in Raleigh, North Carolina; mixed-use development including a hotel, furniture store, liquor store and bank.
• Approximately 80-acre big box development in Freehold, New Jersey.
• Conversion of former department store buildings in Seattle area into multi-tenant retail, including big box, fashion and other users.
• Rehabilitation and fashion-oriented remarketing (including new Bed Bath & Beyond) of gourmet grocery-anchored center.
• Ground-up development of power center with general merchandiser, big box users, multi-tenant retail, hotel and outparcels in Maryland.
• Local counsel to Chicago developer and international hotel operator in $60 million project, including acquisition and redevelopment of retail arcade facility; the project was supported by tax increment financing, historic tax credits and other public financing.
• Negotiation of department store anchor retail lease (Lazarus) for downtown project under government development agreement in Cincinnati, Ohio.
• Leasing of ground-up development of lifestyle center including theater, big box user (Barnes & Noble) and fashion multi-tenant retail under governmental development agreement in San Francisco, California.
• Development of Westown Marketplace in Delaware, anchored by Wal-Mart, Kohl's and Target.
• Development of Kroger anchored shopping centers in southwestern Ohio including Huber Heights, Vandalia, St. Mary's, Hamilton and Dayton.
• Development of Wal-Mart anchored shopping centers in southwestern Ohio including Kettering, Lancaster, Eaton and Englewood.
• Development of Wal-Mart anchored shopping center in Virginia
• Development of free-standing store projects, traditional shopping center projects and large mixed-use projects throughout the New York metropolitan area.
• Portfolio Acquisitions
• Representation of a NYSE-listed REIT in $350 million acquisition of a portfolio of 36 department stores located in California, Nevada, Arizona and Texas, with lease or sublease back to the department store, plus related acquisition and lease back of additional properties in California and Utah.
• Representation of Jo-Ann Stores (the largest fabric and craft retailer in the United States) in acquisition of other fabric store chains, including House of Fabrics, New York Fabrics and Cloth World.
• Representation of one of the nation's largest independent marketers of automotive replacement tires in the acquisition of over 200 stores in 20 states and in the acquisition of 100 stores in five states.
• Representation of a NYSE-listed REIT in $300 million acquisition of nine regional mall properties in five states.
• Representation of buyer of retail leases auctioned off as part of Section 363 sale of assets in bankruptcy.
• Representation of buyer of chain of 225 retail stores, with simultaneous sale/leaseback.
• Representation of buyer of 23 leases for retail stores in 11 states.
• Representation of buyer in bid and acquisition of Florida retail store leases in Winn-Dixie bankruptcy proceedings.
• Portfolio Sales
• Representation of national developer in structuring and negotiating two regional mall portfolios involving 30 properties in 18 states with an aggregate value of $1.95 billion.
• Representation of seller of nine shopping centers in three states.
• Representation of seller of portfolio of automotive services stores.
• Retailers
• Representation of various national, regional and local specialty retailers in shopping center transactions, including JC Penney, Jo-Ann Stores, Heinen’s Supermarkets and a national big box retailer in connection with its expansion into the New York City metropolitan area.
• Financing
• $165 million long-term, multistate portfolio financing of seven shopping centers.
• County loans and county-issued bonds for tax increment financing for redeveloper of freestanding retail franchise stores in more than 30 states.
• Construction and permanent loans on shopping center properties throughout the United States, including for conduit programs.
• Execution of financing exit strategies, including release of properties from portfolio sale/leaseback transaction and defeasance of conduit loans
• Deed in lieu of foreclosure for shopping center projects.
• Bankruptcy
• Representation of national commercial landlords and retailers throughout the United States in all facets of retail bankruptcies, including going out of business sales; reclamation claims; assignments of leases in connection with Chapter 11 asset sales; lease and REA assumption and rejection issues; other executory contracts; administrative expense claims and claims for lease rejection damages; cure amounts; preference claims; auctions; and real estate acquisitions and dispositions in Chapter 7 and Chapter 11.

We also have broad experience in all legal matters related to shopping center projects such as construction, environmental, tenant eviction and other litigation, partnership and tax issues, and compliance with REIT and SEC rules and regulations.

One of the members of our Real Estate group is George Walsh, current chair of the ICSC Law Committee and former co-chair of the ICSC Law Conference, who has over 30 years of shopping center experience. George received the 2007 ICSC Distinguished Service Award at the spring conference in Las Vegas in May 2007. The award is the highest in the shopping center industry and recognizes contributions to the success of the worldwide retail real estate market.

Our lawyers historically have served in leadership positions at ICSC, ULI and the American College of Real Estate Lawyers and regularly serve as panelists and moderators at ICSC, ULI and ACREL presentations. Five of our lawyers are members of the American College of Real Estate Lawyers.