December 2019

Six Operational Concerns When Splitting Up a Shopping Center

There are a wide array of reasons why shopping center owners may want to split up their shopping centers, from reducing ownership exposure in local markets, to adding value by creating new parcels for development, to increasing marketability by accessing d…

Co-Tenancy: Drafting Considerations for Developers and Landlords in the Changing Retail Landscape

A co-tenancy provision in a retail lease is a powerful tool for tenants that can have long lasting effects and unexpected consequences for landlords and developers.  This provision conditions a tenant’s obligation to remain open and operating based on o…

July 2019

The Unintended Consequences of Accommodating the Commercial Holdover Tenant

It is almost never a good idea for a landlord to treat a commercial holdover tenancy with anything less than the urgency it deserves. While there may be certain nuances that might exist from jurisdiction to jurisdiction, this need for exigency is uniform i…

Qualified Opportunity Zones: What We Know From New Regulations

Interest continues to increase in a promising new program contained in the 2017 Tax Cuts and Jobs Act, which provides significant tax incentives for investors in Qualified Opportunity Zones (QOZ).After releasing the first set of QOZ proposed regulations on…

Opportunities & Trends in Real Estate Private Equity

In a low interest rate environment and with plenty of undeployed capital, Private Equity firms continue aggressive investments in commercial real estate assets. The real estate market in which these firms invest is facing a variety of challenges and opport…

The Expanding Definition of Retail: Incorporating Alternative Uses in Retail Shopping Centers

As retail real estate continues to evolve, landlords are increasingly looking for tenants with alternative uses to fill vacant spaces in shopping centers. What once may have been a toy store, might now be outfitted as a fitness center. A storefront that on…