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ICSC+U.S. LAW

Schedule

Thursday October 24, 2024

6:30 am - 7:15 am

Get-Together (Optional Event): Yoga

Valencia Lawn

Start the day off right with a yoga flow class designed to help calm the mind and alleviate stress. Breakfast smoothies...

7:00 am - 8:00 am

Breakfast

Coquina Ballroom

No breakfast service after 8:00 am. 

7:00 am - 6:30 pm

Badge Pickup & Registration

Mediterranean 1-3 Foyer

8:00 am - 9:00 am

General Session 03 | Drafting Insurance Language: How to Draft to Trigger the Appropriate Coverage, Not Commit Malpractice

Mediterranean 5

Many things have changed in insurance and risk management in the last 30 years, including policy terms and language, the...

8:00 am - 9:00 am

Peer to Peer 03 | Co-Tenancy & Exclusive Provisions: Learning to Play Nice in the Sandbox

Palazzo C

Today’s retail developments often contain retail users whose permitted uses overlap as retailers continue to expand the...

8:00 am - 9:00 am

Peer to Peer 04 | Site Plan Considerations: Will Your Site Plan Be Forever or Will It Go Down in Flames?

Palazzo H

In this interactive peer-to-peer session, we will try to avoid bad blood by examining how to resolve site plan issues fr...

8:00 am - 9:00 am

Seminar 05 | Defaults & Remedies: Drafting for When Your Plans Don't Go According to Plan

Palazzo AB

When disputes arise between landlords and tenants, the default, remedies and damage clauses of the lease will matter mos...

8:00 am - 9:00 am

Seminar 06 | Landmark Decisions: The Defining Cases You Need to Know

Palazzo FG

Join this tour through the pantheon of cases that shaped leasing law as we know it. From the enforceability of operating...

8:00 am - 9:00 am

Workshop 06 | Franchisee-Franchisor Provisions: In the Landlord/Tenant Tango, Where Does Franchisor Cut in?

Mediterranean 1-2

What is the relationship between the franchisee and the franchisor and how do the mechanics of that relationship drive n...

8:00 am - 9:00 am

Workshop 07 | Data Breaches in Real Estate: Legal and Ethical Obligations in Data Breach Response

Mediterranean 4

The retail and real estate industries face increasing cybersecurity risks, including the increased threat of malicious a...

9:15 am - 10:15 am

General Session 04 | Technology Traps & “Reply All” Regrets: Ethical Issues for Both Techies and Luddites

Mediterranean 5

Electronic communications are pervasive. We interact with colleagues and clients, with those with whom we’re negotiating...

9:15 am - 10:15 am

Peer to Peer 05 | Lease Transfer & Exit Strategies: Breaking Up Is Hard to Do!

Palazzo C

In this session, we will review problematic lease termination provisions and work collaboratively to identify issues and...

9:15 am - 10:15 am

Seminar 07 | Ground Leasing: Up Schitt’s Creek Without a Paddle

Palazzo FG

Inspired by the wisdom of Johnny, David and Moira Rose, your seasoned presenters will discuss some key ground leasing co...

9:15 am - 10:15 am

Seminar 08 | Percentage Rent, Radius, Continuous Operations and Kickout Clauses: Protecting the Train to Percentage Rent and Avoid Being Taken to the Train Station

Palazzo AB

This session is intended to discuss the different elements of percentage rent, including gross sales, breakpoints, repor...

9:15 am - 10:15 am

Workshop 08 | Residential Development and Use in Shopping Centers: Legal Challenges of Evolving From a Noxious Use to a Desirous Use

Mediterranean 4

Redeveloping an existing retail shopping center to include residential uses can present significant legal and operationa...

9:15 am - 10:15 am

Workshop 09| Workletters and the Path to "Substantial Completion": If You Build It, They Will Come

Mediterranean 1-2

What are the challenges attorneys face in developing a roadmap for the construction or redevelopment of retail premises...

9:15 am - 10:15 am

Workshop 10| Alternative Dispute Resolution: The Pros and Cons of the Anti-Hero

Mediterranean 6-7

Explore the pros and cons of arbitrating a real estate litigation/shopping center dispute in contrast to litigating such...

10:30 am - 11:30 am

General Session 05 | Advanced Lease Defaults: It's Not Over Until It’s Over

Mediterranean 5

Even a “simple” lease default can open the door to disputes, challenges, and opportunities neither landlord nor tenant a...

10:30 am - 11:30 am

Peer to Peer 06 | Administrative Horror Stories of Lawyers Negotiating CAM Costs & Audits: What’s Practical & What Is Not

Palazzo C

We’ve all been on the receiving end of a multiple-page markup of the CAM provision—the voluminous lists of inclusions an...

10:30 am - 11:30 am

Peer to Peer 07 | Surrender of Premises: Surrender, Surrender, but Don’t Give Yourself Away

Palazzo H

This session will address issues that arise when tenants surrender the premises, either at the end of the term or earlie...

10:30 am - 11:30 am

Seminar 09 | Purchase and Sale Agreements: A Blueprint for Negotiating Material Provisions

Palazzo E

This seminar will feature an engaging, simulated “negotiation” of a retail purchase and sale agreement. Explore current...

10:30 am - 11:30 am

Seminar 10 | Construction and Design Contracts: There's No Such Thing as Boilerplate

Palazzo FG

Construction projects involve the shared vision of many players. This session will explore the contractual methods for m...

10:30 am - 11:30 am

Seminar 11 | Permitted, Prohibited & Exclusive Uses: Avoiding Arguments, Fights and Breakups Without the Need for Therapy!

Palazzo AB

This seminar will focus on the meaning and impact of permitted, prohibited, and exclusive use clauses in lease and/or pu...

10:30 am - 11:30 am

Workshop 11 | What Non-Leasing Lawyers Need to Know About Leasing: The Good, the Bad & the Ugly

Mediterranean 1-2

Confounded by permitted uses, exclusives, kick-out rights, and co-tenancy provisions? Confused by radius clauses, percen...

10:30 am - 11:30 am

Workshop 12 | Conflicts of Interest: Seeking Harmony by Confronting Conflicts (No Music Skill Required)

Mediterranean 4

Attorneys have the duty to maintain client loyalty, preserve confidentiality, and protect impartiality. This workshop wi...

11:45 am - 12:15 pm

Lunch Served

Coquina Ballroom

No lunch service after 12:15 pm. 

12:15 pm - 1:15 pm

Keynote Presentation: Substance Abuse and Mental Heath Disorders in the Legal Profession – The Facts and the Way Forward

Coquina Ballroom

SPEAKER Lisa Smith, Principal Consultant, Lisa Smith Advisory LLC 

1:30 pm - 2:30 pm

General Session 06 | Delivery of Premises Issues: Signed, Sealed, Delivered—It's Yours!

Mediterranean 5

This session will address issues related to delivery, commencement and opening, from both a landlord’s and a tenant’s pe...

1:30 pm - 2:30 pm

Peer to Peer 08 | Purchase & Sale Agreements: Navigating Representations, Warranties, Baskets, Caps and Permitted Title Exceptions

Palazzo C

We will discuss, with group participation, the competing interests of the buyer and seller related to representations, w...

1:30 pm - 2:30 pm

Seminar 12 | Shopping Center Redevelopment: The Future Is Now – the Once and Pending Issues Confronting Shopping Center Redevelopment

Palazzo D

Join us for a panel discussion on common (and uncommon) redevelopment issues facing shopping center owners, tenants and...

1:30 pm - 2:30 pm

Seminar 13 | Current Developments in Bankruptcy and Other Restructurings: Don't Let It Keep You Up at Night

Palazzo FG

With issues looming in the commercial real estate market, this panel will consider and discuss current issues in real es...

1:30 pm - 2:30 pm

Seminar 14 | Permitted Transfers: Assign of the Times or (Sub)Let It Go!

Palazzo AB

The operation of a successful retail business often requires that a tenant have the flexibility to reorganize at the cor...

1:30 pm - 2:30 pm

Workshop 13 | Maintenance & Repair Obligations: A Real Fixer-Upper

Mediterranean 4

Maintenance and repair obligations are critical allocations of risk and responsibility between parties to a retail lease...

1:30 pm - 2:30 pm

Workshop 14 | Co-Tenancy: Tied at the Hip — the Who, the What and the Why

Mediterranean 6-7

Co-tenancy provisions are some of the most heavily negotiated provisions in retail leases. In this interactive workshop,...

1:30 pm - 2:30 pm

Workshop 15 | Attorney Wellness: Balancing the Scales

Mediterranean 1-2

This Wellness workshop is designed to empower legal professionals with practical strategies for managing stress, enhanci...

2:45 pm - 3:45 pm

Peer to Peer 09 | Unconscious Bias: "I am a Good Person" — Moving From Awareness to Action

Palazzo C

Join us for a candid discussion about the complexities of unconscious bias and explore strategies to actively mitigate u...

2:45 pm - 3:45 pm

Seminar 15 | Negotiating Restaurant Deals: Restaurants Are Back and We’re Not Talking About COVID Anymore

Palazzo D

As restaurants continue to gain popularity as the flashy new anchor tenants in real estate developments, a number of res...

2:45 pm - 3:45 pm

Seminar 16 | Retail Issues in Loan Documents: The Few Things You Shouldn’t Forget

Palazzo FG

In this seminar, we will discuss various provisions in loan documents that are important to take note of when negotiatin...

2:45 pm - 3:45 pm

Seminar 17 | Complying With the Reporting Obligations Under the Corporate Transparency Act: (Hard) Lessons Learned So Far

Palazzo AB

The Corporate Transparency Act (CTA) is a landmark federal law that obligates many small businesses to file information...

2:45 pm - 3:45 pm

Workshop 16 | Determining the Valuation of a Retail Project: Are We Just Throwing Darts?

Mediterranean 6-7

When drafting contracts for the purchase of a real estate project, arguably the most essential business term is the purc...

2:45 pm - 3:45 pm

Workshop 17 | Casualty Claims: Negotiating Your Premiums — You Mean I Paid All These Premiums and This Is What You Are Doing To/For Me?

Mediterranean 1-2

Consider insurance as protection where the insurance carrier funds the restoration of buildings in the shopping center i...

2:45 pm - 3:45 pm

Workshop 18 | Exclusive Remedies: The Elusive Exclusive Remedy

Mediterranean 4

What are the practical results of an exclusive remedy as demonstrated by an analysis of recent cases involving exclusive...

4:30 pm - 5:30 pm

Celebrating Diversity in Law Reception: Social Wellness Hour

Citrus Garden

All attendees are cordially invited to partake in this enriching experience, where we embrace the spirit of inclusivity...

5:30 pm - 6:30 pm

ICSC Next Generation Reception

Knife Burger Restaurant & Lawn