ICSC+U.S. LAW

Wednesday October 23, 2024
10:00 am - 8:00 pm
Location: Mediterranean 1-3 Foyer

Wednesday October 23, 2024
12:00 pm - 12:45 pm
Location: Coquina Ballroom

No lunch service after 12:45 pm.

Wednesday October 23, 2024
12:45 pm - 1:00 pm
Location: Coquina Ballroom

SPEAKER 

Mindy Wolin Sherman, ICSC+U.S. LAW 2024 Program Planning Committee Chair; Perkins Coie, Chicago, IL 

Wednesday October 23, 2024
1:00 pm - 2:00 pm
Location: Coquina Ballroom

The Marketplaces Industry is driven by the consumer, whose choices at both the micro and macro levels make or break our clients’ projects/stores. Sometimes these choices evolve over time (e.g., e-commerce) and sometimes they seem to happen overnight (e.g., the pandemic). So what are the economic changes and consumer factors that have driven changes in spending habits, savings behavior and confidence since the pandemic? Where are we now and what does it mean for the future of the Marketplaces Industry? And what should attorneys be thinking about as they negotiate documents typically intended to govern for decades? Find out more in this moderated discussion with ICSC President and CEO Tom McGee.

MODERATOR

Tom Phillips, Brown Rudnick LLP, Boston, MA 

SPEAKER 

Tom McGee, President & CEO, ICSC, New York, NY 

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Wednesday October 23, 2024
2:15 pm - 3:15 pm
Location: Mediterranean 5

The panel will discuss, analyze, and provide key takeaways from the most notable cases in the last year. The cases include those of interest from the perspective of vendors, purchases, landlords, and tenants – always focusing on lessons learned and how to avoid being the subject of a lesson in the future. 

SPEAKERS 

Robert Crewdson, Greenberg Traurig, LLP, Atlanta, GA 

Michael Geibelson, Robins Kaplan LLP, Los Angeles, CA 

Melissa Rivers, Goulston & Storrs PC, Boston, MA 

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Wednesday October 23, 2024
2:15 pm - 3:15 pm
Location: Palazzo C

New privacy laws are continually being enacted and they have a real impact on the retail and real estate industries. The collection, use, and storage of biometrics is one area of particular emphasis: state laws, federal regulators, consumer interest groups, the press, and public sentiment all will play a role in what you do and how you do it when it comes to biometrics. In this peer-to-peer session, we will discuss in an engaging format how these factors affect the use of this technology and explore practical compliance strategies that lawyers can implement for their clients and for themselves.  

SPEAKERS 

Justin O. Kay, Faegre Drinker Biddle & Reath, Chicago, IL 

Gary Kibel, Davis+Gilbert LLP, New York, NY 

Juliana Panetta, Mall of America, Bloomington, MN 

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Wednesday October 23, 2024
2:15 pm - 3:15 pm
Location: Palazzo FG

This Core Concepts seminar will discuss how title insurance and survey issues impact the success of commercial real estate transactions, including a discussion of title insurance basics, the interaction amongst the buyer’s lawyer, lender’s counsel, the title insurance agent, and the title insurance underwriter. Please join us as we explore both the importance of a survey to the transaction and the many purposes it serves to insuring the title.  

SPEAKERS 

Melanie Kido, CATIC, Waltham, MA 

Nancy Landmark, Chicago Title Insurance Company, Minneapolis, MN 

Alan Sable, Meyer, Unkovic & Scott LLP, Pittsburgh, PA 

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Wednesday October 23, 2024
2:15 pm - 3:15 pm
Location: Palazzo E

In this fast-moving mock negotiation, our experts will dig deep into the biggest challenges in negotiating an anchor lease. Get insights on issues such as exclusives, opening and operating obligations, common area costs and rights, landlord defaults, force majeure claims and a host of other items. The speakers will show common negotiating strategies and positions and address creative problem-solving regarding typical pain points in anchor negotiations. 

SPEAKERS  

David Camp, Senn Visciano Canges, Denver, CO 

Katie Forslund, BJ’s Wholesale Club, Marlborough, MA 

Michael Udell, Udell Wang LLP, Pasadena, CA 

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Wednesday October 23, 2024
2:15 pm - 3:15 pm
Location: Mediterranean 4

Learn the art of negotiating those items of common area maintenance expenses that rise above the level of basic necessities and traditional models by finding a balance between landlord and tenant motivations and how each side may effectively define value. Using examples, this workshop will focus on sophisticated enhancements that come into play in higher-end shopping centers, such as customer amenities and specialty items, the applicability, apportionment and needs met by each, and how parties may reach a balanced resolution. Plus, learn how to negotiate advanced CAM concepts, such as CAM caps, fixed CAM and audit rights. 

SPEAKERS 

Tiana DeLeo Dunn, Jackson Walker LLP, Houston, TX 

Daniel J. Villalpando, Cox, Castle & Nicholson, Los Angeles, CA 

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Wednesday October 23, 2024
2:15 pm - 3:15 pm
Location: Mediterranean 1-2

Participate in a “walkthrough” of essential provisions and concepts in SNDAs and estoppel certificates and a discussion of responses to common revisions to each document, responses to those responses, and final compromise positions. Additionally, the discussion will focus on the importance of these documents in an economy with high or increasing foreclosure rates. 

SPEAKERS  

Wes Pickard, Parker, Hudson, Rainer & Dobbs LLP, Atlanta, GA 

Bindi Dharia, Goldfarb & Fleece LLP, New York, NY 

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Wednesday October 23, 2024
3:30 pm - 4:30 pm
Location: Mediterranean 5

It’s really quite simple: If you have ever lost sleep or turned over more than once from an encounter with an attorney, you have come across a difficult personality. But here’s the question: In that interaction, is that difficult person ... partly you? Or is it truly just the other person? In most cases, it’s somewhere in the middle. Add to the mix today’s sharp focus on polarizing topics and we face an added challenge in successfully engaging in “productive friction.” This workshop will focus on demonstrating and understanding the most difficult personalities in the workplace and how to deal with them in the most civil way.  

SPEAKER

Charlotte A. Morris, Litigation & Communication Consultant, Raleigh, NC

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Wednesday October 23, 2024
3:30 pm - 4:30 pm
Location: Palazzo C

Negotiating and drafting a lease for a franchise concept can come with complications and frustrations, particularly if the roles of the various parties in such a transaction are not clearly defined and understood. While everyone wants to get a deal “over the finish line,” knowing and understanding the positions and concerns of the players, together with the motivations and reasons behind lease issues that are typically hot buttons for landlords, tenant/franchisees, and franchisors, will go a long way towards creatively finding ways to successfully complete the transaction. In this peer-to-peer session, we will discuss how to work together in order to best meet the needs of the franchisor, the tenant/franchisee, and the landlord while focusing on the special circumstances which can surround addenda, riders and franchisor rights. 

SPEAKERS 

Eric Astrin, Inspire Brands, Atlanta, GA 

Adam C. Hirschfeld, Ruda Hirschfeld Papera & Hoffman, Bethesda, MD 

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Wednesday October 23, 2024
3:30 pm - 4:30 pm
Location: Palazzo FG

This seminar will highlight the key pieces to include when drafting a purchase and sale agreement. The presenters will concentrate on considerations for retail and mixed-use properties. They will also offer tips to navigate the PSA negotiation process and ensure a smooth closing. 

SPEAKERS 

Karim Ali, Porter Wright Morris & Arthur LLP, Columbus, OH 

Justice Barber, Seyfarth Shaw LLP, Atlanta, GA 

Christine Eid, Vantage Law Group, Minneapolis, MN 

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Wednesday October 23, 2024
3:30 pm - 4:30 pm
Location: Palazzo D

This fireside chat will explore feedback from a dynamic panel of seasoned practitioners working for and with experiential concepts in mixed-use and retail projects, including health clubs, revitalized community hubs, hot commercial mixed-use destinations, immersive art experiences, and other experiential concepts. The panel will address developmental and operational challenges, concerns and advantages associated with experiential real estate in a Q&A format directed by a monitor. Panelists represent multiple viewpoints and roles, with Tenant/Concept, Landlord/Developer, and Outside Counsel perspectives represented. 

SPEAKERS 

Kari Broyles, Life Time – Healthy Way of Life, Chanhassen, MN 

Matthew D. Irvin, DICK’S Sporting Goods, Coraopolis, PA 

Beth Johnson, McWhinney, Denver, CO 

Nancy Rendos, Macerich, Broomfield, CO 

Jessica White, K&L Gates LLP, Pittsburgh, PA 

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Wednesday October 23, 2024
3:30 pm - 4:30 pm
Location: Mediterranean 4

Although nearly every commercial lease contains indemnification provisions, these provisions are often not given their due for focus, drafting and breadth. This is understandable, as a well-crafted indemnity provision interacts and works together with other portions of the lease (including waiver and insurance provisions), often in unexpected ways. The purpose of this workshop is to explore advanced concepts relating to indemnification, the corresponding provisions, and interactivity in order to enable attendees to draft and negotiate indemnity provisions that will function as intended and provide proper and appropriate protections.

SPEAKERS 

Louis J. Papera, Ruda Hirschfeld Papera & Hoffman LLP, Atlanta, GA 

Bruce Ritter, Clark Hill PC, New York, NY 

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Wednesday October 23, 2024
3:30 pm - 4:30 pm
Location: Mediterranean 1-2

Join us as we demystify leasehold financing and what your lender is really looking for in a financeable ground lease. What are the lender “must-haves” in order to finance a leasehold interest and how can you get your landlord to (grudgingly) agree to them? No password or secret handshake needed! 

SPEAKERS 

Eric Bernheim, FLB Law, PLLC, Westport, CT 

Cathryn Greenwald, Thompson Hine LLP, Cleveland, OH 

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Wednesday October 23, 2024
3:30 pm - 4:30 pm
Location: Mediterranean 6-7

Join our panelists as they delve into the transformative power of “S” in ESG, exploring how businesses can foster social impact alongside financial success. From promoting inclusion and belonging to being better community partners, discover actionable strategies for integrating social responsibility into corporate practices while also learning about new mandatory sustainability reporting. Gain insights on how prioritizing social initiatives not only benefits communities but also drives long-term sustainability and profitability. 

SPEAKERS 

Kristy Balsanek, DLA Piper LLP, Washington, DC 

Stacey Keating, CBL Properties, Chattanooga, TN

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Wednesday October 23, 2024
5:00 pm - 6:00 pm
Location: Citrus Garden

Wednesday October 23, 2024
6:30 pm - 9:30 pm
Location: Valencia Patio & Terrace