ICSC+U.S. LAW

Wednesday October 8, 2025
10:00 am - 8:00 pm

Wednesday October 8, 2025
12:30 pm - 1:00 pm

No lunch service after 1:00 pm. 

Wednesday October 8, 2025
1:00 pm - 1:30 pm

SPEAKER 

Jonathan Neville, ICSC+U.S. LAW 2025 Program Planning Committee Chair; Arnall Golden Gregory LLP, Atlanta, GA 

Wednesday October 8, 2025
1:30 pm - 2:00 pm

Wednesday October 8, 2025
2:15 pm - 3:15 pm

From sending emails that don’t bind your client to providing assistance to your supervising partner, this session will guide attorneys through basic practice strategies that will put them on the path to success. The practice of real estate law is unique. Attorneys who are new to the field, even those with prior legal experience, will discover new rules of engagement.

SPEAKERS 

Jennifer Jones, Goulston & Storrs PC, Washington, DC 

Taylor Owens, Ruda Hirschfeld Papera & Hoffman LLP, Atlanta, GA 

Wednesday October 8, 2025
2:15 pm - 3:15 pm

Well-drafted agreements minimize the risk of litigation. Despite best intentions, disputes under leases and other real estate agreements still keep litigators busy. This session will provide tips to either avoid litigation or give you the best chance of prevailing. 

SPEAKERS 

Michelle Gambino, Greenberg Traurig, LLP, McLean, VA 

Tina Nguyen, Baker Botts LLP, Houston, TX 

David Vallas, Honigman LLP, Chicago, IL

Wednesday October 8, 2025
2:15 pm - 3:15 pm

Completing a lease for a franchise concept requires the coordination and cooperation of the franchisor, franchisee, landlord, and sometimes lender. This peer-to-peer session will address some of the common, but not easily resolved, issues that arise when some of the parties are less than cooperative. This session will also look at possible compromises and solutions when one or more of the players are less than flexible and insist on things that will burn the deal to a crisp. 

SPEAKERS 

Eric Astrin, Inspire Brands, Atlanta, GA 

Campbell Taylor, Stanley, Esrey & Buckley, LLP, Atlanta, GA 

Wednesday October 8, 2025
2:15 pm - 3:15 pm

REAs drafted in the past often contained rigid operating covenants and use restrictions. As development of retail real estate has evolved with new uses, developers have learned that flexibility may be the key to long-term success of new developments. This workshop will consider the ins and outs of drafting REAs in the current climate, including best practices in negotiating operating covenants and use restrictions, in order for an REA to afford greater flexibility as retail real estate evolves over time. 

SPEAKERS 

Sam Mintzer, Benesch, Friedlander, Coplan & Aronoff, LLP, Cleveland, OH 

Michael Udell, Udell Wang LLP, Pasadena, CA 

Wednesday October 8, 2025
2:15 pm - 3:15 pm

Many jurisdictions have template contracts, particularly leases, that have become industry standards in the state. Some examples of these standard forms are the AIR lease form in California and the various REBNY lease forms in New York City. This workshop will discuss how to work within the confines of these types of contracts and how they are typically negotiated. 

SPEAKERS 

Bryan Mashian, Mashian Law Group, Los Angeles, CA  

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

Wednesday October 8, 2025
3:30 pm - 4:30 pm

Leases and purchase agreements usually begin with a letter of intent, which sets forth the basic terms and conditions to be incorporated into a final document. But beware! LOIs are non-binding, are often confidential, and contain more tripping hazards than a preschool toy room floor. This session will guide attendees through letters of intent, explaining the terms typically contained therein, and noting pitfalls to avoid. 

SPEAKERS 

C. Gregg Ankenman, Fennemore Craig, P.C., Oakland, CA 

Emily Jung Ayers, JAE Law Group, PLLC, Austin, TX 

Wednesday October 8, 2025
3:30 pm - 4:30 pm

The inclusion of restaurants and entertainment venues (including comedy clubs and sports and music venues) has increased significantly. This session will discuss the impact of these uses on tenant mix, parking, mixed-use developments and other restrictions, both for and against these uses. 

SPEAKERS 

Amy Altshuler, Womble Bond Dickinson LLP, Phoenix, AZ 

Lyndon Carter, Darden Restaurants, Inc., Orlando, FL 

Chris Drazba, Alamo Drafthouse, Alpharetta, GA 

Wednesday October 8, 2025
3:30 pm - 4:30 pm

Join this interactive CLE session for a mock negotiation of subordination, non-disturbance, and attornment agreements (SNDAs) in commercial leasing. Experienced attorneys will role-play negotiations between landlords, tenants and lenders, highlighting key terms, common sticking points and practical strategies to achieve balanced outcomes. Attendees will gain valuable insights into protecting client interests and crafting SNDAs that withstand real-world challenges. 

SPEAKERS 

Jo-Ann Marzullo, Ligris, Newton, MA 

Tandy Patrick, Dentons LLP (US), Louisville, KY  

Jared H. Rothman, The Flateman Rothman Law Firm LLC, New York, NY 

Wednesday October 8, 2025
3:30 pm - 4:30 pm

As lawyers, we often encounter challenging personalities, relationships and related dynamics when dealing with the other side in a negotiation. But what happens when the disfunction is on our side of the table? How do we keep the deal, the attorney/client relationship and our careers on track when the client dealmaker, in-house counsel and the outside counsel legal team don’t appear to be rowing in the same direction? 

SPEAKERS 

Cristina Bouton, Arnall Golden Gregory LLP, Atlanta, GA 

Jerry Cyncynatus, Irvine Company Retail Properties, Irvine, CA

Wednesday October 8, 2025
3:30 pm - 4:30 pm

The use of artificial intelligence technology is quickly assimilating into all facets of business. This session will focus on AI uses within the legal profession, particularly within real estate practice. Benefits and detriments of the usage of AI will be identified and discussed. 

SPEAKERS 

Justin Lischak Earley, First American Title Insurance Company, Santa Ana, CA 

Kevin Woolf, Seyfarth Shaw LLP, Boston, MA 

Wednesday October 8, 2025
3:30 pm - 4:30 pm

Retail leases all have provisions addressing events that trigger defaults and grant remedies to the non-defaulting party. While this workshop will review remedies that provide useful relief, are practical to implement, and have enough teeth to discourage defaults for both parties, this session will be unique in that we will focus on lease provisions addressing landlord defaults as well as traditional tenant default provisions.  

SPEAKERS 

Jesse B. Schneider, Davis+Gilbert LLP, New York, NY 

Jordyn Simon, Arnall Golden Gregory LLP, Atlanta, GA 

Wednesday October 8, 2025
3:30 pm - 4:30 pm

Leases typically address a tenant’s right to transfer its lease or occupancy rights (e.g., assignment, sublet, license) to a third party, often allowing such transfers without landlord consent under certain conditions. However, leases don’t always address what happens with a change of control transfer—where ownership or management changes but the tenant itself doesn’t. This workshop will explore how to navigate these change-of-control restrictions (including how private equity investments have influenced the negotiation of transfer provisions) and provide strategies to protect clients and align leases with current market trends. 

SPEAKERS 

Frank J. Cerza, Lewis Brisbois, New York, NY  

Kevin Gaughan, Goulston & Storrs LLP, Boston, M

Wednesday October 8, 2025
5:00 pm - 6:00 pm

Wednesday October 8, 2025
6:30 pm - 9:00 pm