ICSC+U.S. LAW

Friday October 25, 2024
7:00 am - 7:45 am
Location: Coquina Ballroom

No breakfast service after 7:45 am. 

Friday October 25, 2024
7:00 am - 1:00 pm
Location: Mediterranean 1-3 Foyer

Friday October 25, 2024
7:45 am - 8:15 am
Location: Coquina Ballroom

Friday October 25, 2024
8:15 am - 9:15 am
Location: Coquina Ballroom

Friday October 25, 2024
9:30 am - 10:30 am
Location: Mediterranean 5

In this session, the panelists will discuss current hot-button issues in PSA negotiations. Discussions will include changing lender requirements and what representations and warranties each party is willing to give and are reasonable to expect, including what types of baskets, caps, indemnities and market products make representations and warranties functional off the paper of the PSA. 

SPEAKERS 

Betsy Allen, Friedman Real Estate, Farmington Hills, MI 

Emily Jung Ayers, JAE Law Group, Austin, TX 

Kelly Noll, Benesch, Friedlander, Coplan & Aronoff LLP, Cleveland, OH 

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Friday October 25, 2024
9:30 am - 10:30 am
Location: Palazzo C

Everyone knows that good drafting minimizes the risk of litigation, but real estate agreements still keep litigators busy. In this peer-to-peer session, two veteran real estate litigators will present hypotheticals to start discussions about how to craft agreements that avoid ambiguity and protect the parties when things don’t go as planned. They will discuss how to improve your leases and development agreements to either avoid litigation or give you the best chance at prevailing if it happens despite your best efforts. 

SPEAKERS 

Eve Brackman, Munck Wilson Mandala, Los Angeles, CA 

David Marmins, Arnall Golden Gregory LLP, Atlanta, GA 

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Friday October 25, 2024
9:30 am - 10:30 am
Location: Palazzo D

This CLE will explore issues on substance abuse and depression in the legal industry through a personal account of addiction and recovery. We will share tips and strategies for coping with anxiety, stress and substance abuse and allow time for questions from the audience. 

SPEAKERS 

Judy Jennison, Perkins Coie LLP, Seattle, WA 

Jennifer Understahl, Perkins Coie LLP, Phoenix, AZ 

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Friday October 25, 2024
9:30 am - 10:30 am
Location: Palazzo E

Come sit in on live negotiations of vital lease clauses for both landlords and tenants. This seminar will present both landlord- and tenant-friendly lease provisions for a handful of issues, and you will sit ringside as two seasoned leasing attorneys work together to reach a mutually agreeable compromise. 

SPEAKERS 

Karen Abrams, Paris Ackerman LLP, Roseland, NJ 

Walker Kennedy, Woodbury Corporation, Salt Lake City, UT 

David Rubenstein, Cole Schotz P.C., Hackensack, NJ 

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Friday October 25, 2024
9:30 am - 10:30 am
Location: Palazzo AB

Environmental issues—e.g., due diligence, compliance, and liability—can be major sticking points in any purchase, sale, or leasing situation. This session will focus on provisions that should be considered for inclusion in any purchase/sale agreement or lease where the environmental condition of the property may be a concern. In addition to the basics, the speakers will highlight key drivers of environmental liability that are often overlooked by buyers, sellers, landlords, and tenants alike. 

SPEAKERS 

Jon Brooks, Abramson Brooks LLP, Port Washington, NY 

Kyle Johnson, Brown Rudnick LLP, Hartford, CT 

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Friday October 25, 2024
9:30 am - 10:30 am
Location: Mediterranean 4

Negotiating a sublease often comes with unique challenges. Join us for a deep dive into the world of subleasing where you will learn how to approach sublease negotiations, navigate pre-negotiated provisions within the master lease, and align the multiple interests at play. You will leave this session with helpful strategies and tips from both a landlord, sublandlord, and tenant perspective.  

SPEAKERS 

Nida Ghaffar, Husch Blackwell LLP, Chicago, IL 

Elizabeth Pham, The Gap, Inc., San Francisco, CA 

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Friday October 25, 2024
9:30 am - 10:30 am
Location: Mediterranean 1-2

Subdividing a shopping center into multiple parcels can be a winning strategy, but it is also fraught with dangers for the unwary. Join us as we explore potential motivations for an owner to subdivide a center and pathways for implementation. We will also discuss potential problems and how to mitigate them with carefully crafted governance documents to keep everything running smoothly.  

SPEAKERS 

Clint Kakstys, Sills Cummis & Gross P.C., New York, NY 

Lee Kolber, Continuum Legal Group LLP, Atlanta, GA

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Friday October 25, 2024
10:45 am - 11:45 am
Location: Palazzo C

Ready or not, here comes the Subordination, Non-Disturbance and Attornment Agreement. In this interactive and engaging session, we will consider the key issues in an SNDA from both the lender and tenant perspectives as well as the consequences of not having an SNDA. Find out why an SNDA is like a prenup for two people who never wanted to get married and come prepared to rank the top SNDA provisions. (Chocolate-covered espresso beans will be served!) 

SPEAKERS 

James O’Brien, Seyfarth Shaw LLP, Washington, DC 

Gina-Marie Spencer, Mendelsohn Oseran & Spencer PLC, Tucson, AZ 

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Friday October 25, 2024
10:45 am - 11:45 am
Location: Palazzo H

The old adage “Measure twice, cut once” certainly applies to the importance of getting work letters right, including the details of plan submittal and approval, the description and performance of the tenant’s work, and the payment and application of tenant improvement allowances. In this interactive session, we will use real-world-based hypotheticals and draw on actual landlord and tenant experiences to explore pitfalls and best practices in negotiating, interpreting and implementing work letter provisions on these key topics. 

SPEAKERS 

Gregg Ankenman, Fennemore Wendel, Oakland, CA 

Bill Toliopoulos, Laurie & Brennan, Chicago, IL 

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Friday October 25, 2024
10:45 am - 11:45 am
Location: Palazzo D

This panel will discuss the varied roles of outside counsel and what’s currently top of mind for in-house counsel including topics such as doing more with less, hybrid work, dos and don’ts for outside counsel and leveraging AI tools. 

SPEAKERS 

Jessica Berets, First Washington Realty, Inc., Bethesda, MD 

Michelle Gierke, Target Corporation, Minneapolis, MN 

Tica Taylor, Cinemark, Plano, TX 

Kristi Wachtman, Victoria’s Secret & Co., Reynoldsburg, OH 

Michele Walton, Taubman Realty Group, Bloomfield Hills, MI 

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Friday October 25, 2024
10:45 am - 11:45 am
Location: Palazzo AB

REAs, OEAs and the like that generally govern retail projects. Particularly with respect to such regimes that have encumbered centers for decades, key parties, market circumstances and business motivations frequently have evolved dramatically, making compliance with and amendment of the applicable operating agreements daunting tasks. This seminar will explore a number of these vexing issues and discuss strategies for successfully negotiating through them. 

SPEAKERS 

Fernando Landa, Harvest LLP, San Diego, CA 

Marcus Mollison, Dorsey & Whitney LLP, Minneapolis, MN 

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Friday October 25, 2024
10:45 am - 11:45 am
Location: Mediterranean 1-2

What makes a restaurant lease different from a typical retail lease from both the landlord’s and tenant’s perspectives? Use clauses, exclusive use, work letters, operational issues (trash, parking, odors, grease, extermination, deliveries, hours of operation), permit contingency for liquor license, assignment and sublease provisions, alterations and force majeure provisions will be the focus of this workshop. We will also note the differences in approach depending on the type of restaurant operation (QSR vs fine dining) and the type of real estate leased (i.e., food court, downtown office building, drive-throughs/pad location, and mixed-use developments).  

SPEAKERS 

Abbye Dalton, Hartman Simons & Wood LLP, Atlanta, GA 

Cindy Birnbaum Ronson, Shake Shack, New York, NY 

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Friday October 25, 2024
10:45 am - 11:45 am
Location: Mediterranean 6-7

Bumps in the Road: A Practical Discussion of Legal Issues and Solutions When Things Don’t Go as Planned

Join us for a practical interactive discussion of common issues that joint venture partners encounter when things do not go as planned and potential solutions. Topics include what happens when a joint venture needs more money and when sponsors and investors don’t agree on key business decisions, and typical joint venture pressure points, including capital contribution issues, allocation of control and decision making, exit strategies and implications on project and loan guarantees. 

SPEAKERS 

Scott A. Morehouse, Sheppard, Mullin, Richter & Hampton LLP, Costa Mesa, CA 

Kris J. Ormseth, Stoel Rives LLP, Boise, ID 

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Friday October 25, 2024
10:45 am - 11:45 am
Location: Mediterranean 4

The attorney-client privilege is a bedrock principle of the attorney-client relationship. However, this duty to maintain client confidence has limits and is particularly challenging in the digital age. This session will be an interactive discussion of Model Rule of Professional Responsibility 1.6: Confidentiality of Information. We will consider ethical and practical issues concerning confidentiality, including best practices for protecting client information from data breaches and other clients when conflicts of interest arise. 

SPEAKERS 

Desmond D. Connall Jr., Ballard Spahr LLP, Baltimore, MD 

Trevor G. Covey, Benesch Friedlander Coplan & Aronoff LLP, Cleveland, OH

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Friday October 25, 2024
12:00 pm - 1:00 pm
Location: Palazzo C

This peer-to-peer session will provide a forum for discussing current topics in percentage rent and gross sales exclusions in an e-commerce, multichannel retail world. Negotiating strategies and new language alternatives will be introduced to address today's issues. 

SPEAKERS 

Mark Arbus, Burlington Stores, Inc., Burlington, NJ 

Karen Pifer, Honigman LLP, Bloomfield Hills, MI 

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Friday October 25, 2024
12:00 pm - 1:00 pm
Location: Palazzo FG

Casualties are thankfully a relatively uncommon occurrence, so many people gloss over the casualty provisions in their legal documents. But when a casualty event occurs, it can throw your property into chaos. This seminar provides a deeper understanding of how applicable provisions in construction documents, loan documents, and leases can operate following a casualty, enabling you to draft them in ways that will put you on better footing should catastrophe strike. 

SPEAKERS 

Rachel Bedouin, Sheley, Hall & Williams, P.C., Atlanta, GA 

Barbara Trachtenberg, DLA Piper, Boston, MA 

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Friday October 25, 2024
12:00 pm - 1:00 pm
Location: Palazzo AB

As legal practice becomes ever more global in scope, questions have arisen as to whether the rules governing multi-jurisdictional practice and the unauthorized practice of law still fit, or whether the reality of a 21st-century profession and delivery of legal services merit change. This program will consider this question, look at the current status of the law and legal boundaries, consider options for the future, and equip attendees with the knowledge and strategies needed to navigate complex legal landscapes and uphold ethical standards in cross-border transactions. 

SPEAKERS 

Thomas Kaufman, Montfort Fiduciary Advisors LLC, Arlington, VA 

Tracy Kepler, CAN Lawyers Professional Responsibility, Chicago, IL 

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Friday October 25, 2024
12:00 pm - 1:00 pm
Location: Mediterranean 1-2

An interactive discussion of the current trends with common area controls in retail and mixed-used complexes, including reserved pickup/takeout parking spaces and electric car charging stations. We will explore the implications of outdated restrictions and the landlords’ rights and risks to convert common areas to other uses. We will also discuss the ramifications of common area uses that disproportionately impact certain tenants. Won’t you be our neighbor and join us for this dynamic workshop? 

SPEAKERS 

Dorothy Bolinsky, Faegre Drinker Biddle & Reath LLP, Princeton, NJ 

Kirby Yost, Chambliss, Bahner & Stophel P.C. Chattanooga, TN 

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Friday October 25, 2024
12:00 pm - 1:00 pm
Location: Mediterranean 4

This program will provide an overview and discussion of conflicts and how they typically arise. We will also review various strategies for dealing with conflicts; in particular, the concept of conflict waivers (particularly advance waivers). Their form, substance and nuances will be discussed in detail. 

SPEAKERS 

Bryan Mashian, Mashian Law Group, Los Angeles, CA 

Charles Mileski, Davis & Gilbert LLP, New York, NY 

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