ICSC+LAW SYMPOSIUM OH/KY/IN/MI/PA

Friday March 1, 2024
7:00 am - 5:00 pm
Location: Polaris Foyer C

Friday March 1, 2024
7:30 am - 8:00 am
Location: Polaris A, B, D & E

No breakfast service after 8:00 am.

Friday March 1, 2024
8:00 am - 9:20 am
Location: Polaris A, B, D & E

1. Strategies in Litigating and Trying Commercial Real Estate Disputes Roundtable 1 Outline

Andrew P. Carroll, Clark Hill 

2. Making the Work Letter Work: Addressing Inconsistencies Between the Lease and Construction Contract  Roundtable 2 Outline

Ian J. Cosgrove, Honigman

3. Ground Lease Gold: Negotiating a Financeable Ground Lease 

Alena Fiocca, Singerman Mills Desberg & Kauntz Co. LPA 

4. Top Considerations for Retail Bankruptcies Roundtable 4 Handout

Audrey Hornisher, Clark Hill 

5. Building an Effective Team: Tips and Tricks for Training Real Estate Associates and Team Members 

Mariam Karamati, Benesch Friedlander Coplan & Aronoff LLP 

6. Three’s Company: Landlords, Tenants and Franchisors  

Christopher A. Kuhnhein, Cors & Bassett

7. A House Divided: Pitfalls and Perils of Acquiring Shopping Centers With Tenant-Owned Parcels 

Steven P. Larson, Ulmer & Berne LLP 

8. Charging Into the Future: Shocking EV Battery Issues 

Derek Markle, Meyer Unkovic & Scott LLP 

9. Solarizing the Shopping Center: A Landlord Opportunity or Another Bone of Contention With Tenants 

Kevin McKeegan, Meyer Unkovic & Scott LLP 

10. Subleasing Considerations for Landlords and Tenants 

Marcus Notaro, Thompson Hine LLP 

11. Didn’t Get the Memo? The Importance of Recording a Memorandum of Lease  

Mark M. Riffle, Taft Law  

12. Loan Workouts: Things Look Really Bad. How Do I Survive until 2025? 

James Schwarz, Taft Law 

13. How Is Restaurant Leasing Different From Retail Leasing? 

Roundtable 13 Outline and Handout

Robert J. Stewart, III, Simon

14. Securing the Mall: Collaboration Between Landlords and Tenants to Combat Theft 

Michele Walton, Taubman 

Friday March 1, 2024
9:20 am - 9:30 am
Location: Polaris A, B, D & E

SPEAKER 

Brian McAllister, ICSC+LAW SYMPOSIUM OH/KY/IN/MI/PA 2024 Program Planning Committee Chair

Friday March 1, 2024
9:30 am - 9:40 am
Location: Polaris A, B, D & E

Betsy Laird, Executive Vice President, Public Policy, ICSC

Friday March 1, 2024
9:40 am - 9:50 am
Location: Polaris C & F

Friday March 1, 2024
9:50 am - 10:50 am
Location: Gemini Ballroom

Keeping up with the latest trends in the environmental, social, and governance space can be mind-boggling. This session will focus on what landlords and tenants need to know as they navigate regulatory requirements and stakeholder desires with respect to ESG while leasing and operating retail real estate. 

Session Material

SPEAKERS  

Melissa Breeden, VP, Senior Legal Counsel, Realty Income Corporation 

Doug Parker, Founder & CEO, Ecolumix 

Friday March 1, 2024
9:50 am - 10:50 am
Location: Polaris C & F

Retailers have always been vulnerable to shoplifting. But the emergence of coordinated and organized robberies at shopping centers and high-value stand-alone stores, even during shopping hours, has the shopping center industry on edge.  This session will focus on the role that landlords and the Organized Retail Crime Task Force in Ohio are playing in combating retail crime in many retail environments.

Session Material

SPEAKERS  

David DeVillers, Partner, Barnes & Thornburg 

Roy Harness, CPP, Senior Director of Security, wpg 

Friday March 1, 2024
10:50 am - 11:00 am
Location: Polaris C & F

Friday March 1, 2024
11:00 am - 12:00 pm
Location: Gemini Ballroom

This session will focus on the complicated nature of financing structures in today’s highly regulated and challenging economic environment.  From capital contributions, preferred equity, mezzanine financing, PACE, bond structures and conventional bank financing, developers need to be creative to commence a new ground-up project.

Session Material

SPEAKERS 

Shawn Dorsey, Director of Finance, Kaufman Development 

Christopher Ellis, Senior Director, Originations, Nuveen Green Capital 

Harlan W. Robins, Esq., Equity Partner, Frost Brown Todd LLP 

Friday March 1, 2024
11:00 am - 12:00 pm
Location: Polaris C & F

A panel discussion from a broker, insurance, landlord and tenant perspective on various hot topics in leasing. Topics to be discussed include, but are not limited to, the following customary provisions within leases: changes to force majeure since COVID, guaranty issues, broad use clause and issues with REAs and Coreas, CAM charges,common insurance issues, and assignments.

Session Material

MODERATOR 

Kiamesha-Sylvia G. Colom, Partner, Taft

SPEAKERS 

Holly Ahrendt, VP, Leasing Counsel, Simon 

Lanné Bennett, EVP, Urbanlime 

Mark Cooper, Partner-in-Charge, Taft 

Jess Hart, Associate General Counsel & Vice President, wpg 

Friday March 1, 2024
12:00 pm - 12:30 pm
Location: Polaris A, B, D & E

No lunch service after 12:30 pm.

Friday March 1, 2024
12:30 pm - 1:30 pm
Location: Polaris A, B, D & E

Join us for a look at The Junto, the lifestyle hotel in downtown Columbus that features space for guests to work as well as socialize. Plus, get an update on financing for the hospitality industry, from funding challenges to city and state incentives. SPEAKER 

James Merkel, CEO & Co-Founder, Rockbridge Capital 

Friday March 1, 2024
1:30 pm - 1:40 pm
Location: Polaris C & F

Friday March 1, 2024
1:40 pm - 2:40 pm
Location: Gemini Ballroom

As cities begin to redevelop and convert downtown buildings to different uses, the panel will discuss the importance of innovating the design of the property, financial sources and uses and how to succeed in a new financial environment.

Session Material SPEAKERS  

Johnna L. Goodmark, Partner, Parker, Hudson, Rainer & Dobbs LLP

Dusty Elias Kirk, Partner, Reed Smith LLP 

Susheela Nemani Stanger, Executive Director, Urban Redevelopment Authority, City of Pittsburgh 

Friday March 1, 2024
1:40 pm - 2:40 pm
Location: Polaris C & F

Hot Issues in Insuring Commercial Real Estate

This discussion will explore the latest title insurance coverage and underwriting issues in commercial real estate transactions with a comprehensive discussion among experienced practitioners from all sides of the transactions–national underwriter, buyer/borrower counsel, and commercial title agent–on what coverages to ask for and how to get them in the current environment.

Session Material

MODERATOR 

Alan K. Sable, Partner, Meyer, Unkovic & Scott LLP 

SPEAKERS 

Brandin McMillen, VP & National Commercial Underwriter, Fidelity National Commercial Services 

Sam A. Mintzer, Associate, Benesch, Friedlander, Coplan & Aronoff LLP 

David E. Nykanen, President, Midwest Title LLC  

Friday March 1, 2024
2:40 pm - 2:50 pm
Location: Polaris C & F

Friday March 1, 2024
2:50 pm - 3:50 pm
Location: Gemini Ballroom

Hotels are fast becoming a desirable component of many retail complexes. However, historical prohibitions against hotels in shopping centers, the unique challenges of hotel operations, and the current restraints on capital complicate adding this asset class to many retail complexes. In this session, the speakers will discuss the current state of the hotel business as it relates to retail complexes and provide insight into how these partnerships may continue to develop.

Session Material

SPEAKERS 

Renee Naylor, Partner, Honigman LLP 

Karen Pifer, Partner, Honigman LLP 

Adam Valente, President, Continental Hospitality Group 

Friday March 1, 2024
2:50 pm - 3:50 pm
Location: Polaris C & F

The Corporate Transparency Act (CTA) may be the most transformative piece of legislation in recent memory. Its goal is to create, for the first time, a nationwide database of companies and their beneficial owners in order to assist law enforcement in detecting and preventing terrorism, money laundering and other misconduct through business entities. The CTA is the culmination of more than a decade of congressional efforts. Prior to CTA, the burden of collecting beneficial ownership information was squarely on financial institutions. Now, the CTA will shift this burden to those business entities that fall under the purview of the CTA . This session will explore how the CTA came about, what the framework looks like, who is bound by the CTA, and the impact we can expect after the CTA is fully implemented.

Session Material

MODERATOR 

Maxwell Briskman Stanfield, Partner, Meyer, Unkovic & Scott LLP 

SPEAKERS 

Kelly A. Perlman, Partner, Plante Moran 

Bill Repasky, Partner, Frost Brown Todd LLP 

Amy Sable, Partner, Meyer, Unkovic & Scott LLP 

Friday March 1, 2024
3:50 pm - 4:00 pm
Location: Polaris C & F

Friday March 1, 2024
4:00 pm - 5:00 pm
Location: Polaris C & F

Balancing Human Intelligence With the Rise of Artificial Intelligence

The rise of Artificial Intelligence (AI) over the last 18 months has been remarkable, and AI will continue to permeate more and more of our lives in the years ahead. This panel examines the reality of how AI is employed in commercial real estate transactions and general legal practice to assist with seemingly everything from due diligence to drafting. In doing so, we will take a balanced approach to discussing both the opportunities and the risks in using AI, as the use of AI confronts landlords, tenants, lenders, borrowers, and legal service providers in myriad ways. This panel will place special attention on ethical considerations in AI use and development. AI presents perhaps the greatest opportunity, and perhaps the greatest challenge, yet to the evolving practice of law.

Session Material MODERATOR 

David V. Allen, Esq., Commercial Development Counsel SPEAKERS 

Merisa K. Bowers, Esq., Loss Prevention Counsel, Ohio Bar Liability Insurance Company 

Courtney Flowers, Attorney, Thompson Hine LLP 

Will M. Henry, Partner, Thompson Hine LLP