ICSC+U.S. LAW

Thursday October 9, 2025
7:00 am - 8:00 am

No breakfast service after 8:00 am.  

Thursday October 9, 2025
7:00 am - 4:00 pm

Litigation and arbitration can be expensive. Doing nothing can also be expensive. Join experienced in-house and outside counsel debating when it makes sense to pull the plug on negotiation and start the process of mediating, arbitrating or litigating disputes. 

MODERATOR 

Michael Geibelson, Robins Kaplan LLP, Los Angeles, CA 

SPEAKERS 

Robert Kaelin, Harris Beach Murtha, Hartford, CT 

Kathryn Swimm, HUGO BOSS, New York, NY 

Michele Walton, Taubman Realty Group, Bloomfield Hills, MI 

Thursday October 9, 2025
7:00 am - 6:30 pm

Thursday October 9, 2025
8:00 am - 9:00 am

In this first of two core leasing sessions, attendees will learn about the economic terms and conditions of a lease. This includes everything from calculating percentage rent to reducing certain disputed lease terms to dollars and cents. From terms of art to substance, attendees will leave with an understanding of the economics of a lease from each side’s perspective. 

SPEAKERS 

Robert Madok, Kennerly Lamishaw & Rossi LLP, Los Angeles, CA  

GinaMarie Spencer, Mendelsohn Oseran & Spencer, PLC, Tucson, AZ 

Thursday October 9, 2025
8:00 am - 9:00 am

Shopping centers continue to evolve as places to gather and defy predictions of their demise. Join this panel to discuss the ways centers have steered vacant big boxes and in-line stores away from distribution centers and added amenities that keep customers and visitors coming back. 

MODERATOR 

Nancy Rendos, Macerich, Broomfield, CO 

SPEAKERS 

Evan Harms, EDENS, Washington, D.C. 

Juliana Panetta, Mall of America, Bloomington, MN 

Carmen Spinoso, Spinoso Real Estate Group, North Syracuse, NY 

Thursday October 9, 2025
8:00 am - 9:00 am

Every lease contains boilerplate provisions that no one wants to spend time reviewing or negotiating. We will discuss the key terms that can be buried in boilerplate. Further, we will discuss the appropriate and inappropriate parts of the boilerplate to negotiate. 

SPEAKERS 

Jennifer Feden, Ballard Spahr LLP, Philadelphia, PA  

Karen Pifer, Honigman LLP, Bloomfield Hills, MI 

Thursday October 9, 2025
8:00 am - 9:00 am

This session will discuss best practices for documenting communications with or about clients and the matters we are engaged in handling for them. This session will also discuss these matters in the context of the ABA Model Rules with a goal to assist attorneys in avoiding malpractice claims. 

SPEAKER 

Betsy Fahey, ALAS, Chicago, IL 

Thursday October 9, 2025
8:00 am - 9:00 am

Letters of intent (LOIs) outline key terms for a retail lease, serving as a framework for lease negotiations between landlords and tenants. Often negotiated without counsel or with limited legal input, LOIs can create friction between a client’s focus on high-level deal terms and an attorney’s emphasis on legal clarity and risk mitigation. This interactive workshop will explore how attorneys can balance these priorities, avoid “overlawyering,” and adopt a business-oriented approach to create effective, practical LOIs that streamline negotiations. 

SPEAKERS 

Eric M. Finkelstein, Brown Rudnick LLP, New York, NY 

Gillian B. Kessler, Loeb & Loeb LLP, New York, NY 

Thursday October 9, 2025
8:00 am - 9:00 am

What does it really mean to “conform” a lease? Is it a pre-approved, immutable set of business and legal terms, or simply a better starting point for lease negotiations? Parties often expect these “conforming” leases to be simple “cut-and-paste” documents that expedite negotiations, but experienced attorneys know that it’s rarely that straightforward. This interactive workshop will explore how to manage expectations, navigate the nuances of conforming lease provisions, and balance the need to expedite negotiations while protecting your client from potential legal pitfalls. 

SPEAKERS 

Kim Goff, KG Law, PLLC, Southlake, TX 

Jason R. Sieminski, Spruce Law Group, LLC, Philadelphia, PA 

Thursday October 9, 2025
9:15 am - 10:15 am

Dive into a dynamic mock negotiation exploring the complexities of joint ventures and the balance between equity and sweat equity contributions. Experienced attorneys will engage in a simulated negotiation, dissecting key terms, common disputes and practical solutions for aligning partner expectations. This session offers a hands-on look at crafting agreements that protect all parties while fostering collaborative success. 

SPEAKERS 

Joseph L. Brasile, Akerman LLP, New York, NY  

Joseph P. Heins, Phillips Lytle LLP, Buffalo, NY 

Beth Johnson, McWhinney, Denver, CO 

Thursday October 9, 2025
9:15 am - 10:15 am

The parties often spend large amounts of money to prepare a space for occupancy. This peer-to-peer session will look at how the parties can resolve issues related to the removal of proprietary FF&E, removal (or non-removal) of items no one wants and are expensive to remove, and which parties gets to keep the expensive build-out components at lease expiration. This session will also look at what condition a space should be in when a tenant leaves and what happens when a tenant wants to take more, or the landlord wants to keep more.  

SPEAKERS 

Sophia Desai, Panda Restaurant Group, Inc., Rosemead, CA 

Brian Smith, Stanley Esrey & Buckley, Atlanta, GA 

Thursday October 9, 2025
9:15 am - 10:15 am

The evolution of what a shopping center looks like continues to challenge the conventional wisdom of the past. Integrating sometimes conflicting uses successfully takes careful planning and consideration. This program will focus on accounting for the practical and the legal needs of the various constituencies required to introduce office, hotel and residential users to an existing shopping center. 

SPEAKERS 

Melissa Harvey, Akerman LLP, Dallas, TX  

Bruce Ritter, Clark Hill PC, New York, NY 

Thursday October 9, 2025
9:15 am - 10:15 am

Many lawyers at this conference handle matters across state lines. ABA Model Rule 5.5 regulates the interstate practice of law but is often criticized as not reflecting the current state of real estate, leasing and transactional practices, and being one of the least uniform rules in the country. This session, through a series of hypothetical examples, will discuss problems with existing Rule 5.5, the traps for the unwary these problems impose and the proposal(s) to change the Rule. 

SPEAKER 

Michael H. Rubin, McGlinchey Stafford, PLLC, Baton Rouge, LA 

Thursday October 9, 2025
9:15 am - 10:15 am

Declarations, operating agreements and reciprocal easement agreements of all stripes typically come with a built-in expiration date. What happens when the property is still operating as originally envisioned and that expiration date comes and goes? This workshop will explore the rights and responsibilities of the various parties burdened and benefitted by such declarations, operating agreements and reciprocal easement agreements after their expiration. 

SPEAKERS 

Kathleen Boyle, Eversheds Sutherland (US) LLP, Chicago, IL 

Andi Wang, Udell Wang LLP, Pasadena, CA 

Thursday October 9, 2025
9:15 am - 10:15 am

Negotiating an exclusive provision can be one of the more difficult tasks in a retail lease. This workshop will highlight what issues are the most important to focus on from both a landlord and tenant perspective and strategize on how we can all meet in the middle to protect all our clients’ interests in a reasonable way.  

SPEAKERS 

Henry Chu, Udell Wang LLP, Pasadena, CA  

Ann Elliott, REI, Sammamish, WA 

Thursday October 9, 2025
10:30 am - 11:30 am

In the second core leasing session, attendees will learn about the standard, noneconomic provisions commonly found in shopping center leases. Examples of topics to be covered are permitted use, use restrictions, signage and other rights outside of the four walls of the premises, and transfers. In short, we will discuss the provisions that clients are most likely to ask about after the lease is signed.  

SPEAKERS 

Robert Madok, Kennerly Lamishaw & Rossi LLP, Los Angeles, CA  

GinaMarie Spencer, Mendelsohn Oseran & Spencer, PLC, Tucson, AZ 

Thursday October 9, 2025
10:30 am - 11:30 am

Join this distinguished panel for a discussion of outside counsel selection from both sides of the engagement process, the evolution of expectations and performance inside the corporate client, and recommendations for strategies in setting and meeting expectations and boundaries. 

MODERATOR 

Francesca Weindling, Nuveen, New York, NY 

SPEAKERS 

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

Alison Wais, Macerich, Santa Monica, CA 

Jeff Wild, Benesch Friedlander Coplan & Aronoff LLP, Cleveland, OH 

Thursday October 9, 2025
10:30 am - 11:30 am

This session will highlight current hot-button issues in purchase and sale agreement negotiations. The panelists will address changing trends in representations and warranties, baskets, caps, indemnities and other highly negotiated provisions in purchase and sale agreements.  

SPEAKERS 

Susan Cornett, Thompson Hine LLP, Dayton, OH 

Jessica Rose, Reed Smith LLP, Pittsburgh, PA 

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

Thursday October 9, 2025
10:30 am - 11:30 am

Join these two mediators as they try and convince a neutral third-party arbitrator/mediator as to the rights of tenants under an exclusive dispute. Watch the prowess and skill as each attempt to sway the “judge” on topics concerning exclusive use, timing and reliance. Bring your popcorn, ’cause this is gonna be a good one.  

SPEAKERS 

Brad G. Siegal, Buchalter, Nashville, TN 

Gregory Suckow, Unibail-Rodamco-Westfield, Century City, CA 

Garry L. Witt, The Peterson Companies, Fairfax, VA 

Thursday October 9, 2025
10:30 am - 11:30 am

Both landlords and tenants want to be able to count on stability in their environment. They also both want to have the flexibility to adapt to changing conditions. How do we draft lease agreements that both landlords and tenants can live with? 

SPEAKERS 

James Parks, Baker Lopez, Dallas, TX  

Earl Spencer, NewQuest Properties, Houston, TX 

Thursday October 9, 2025
10:30 am - 11:30 am

Maintaining respect and dignity in the workplace is essential. This workshop will examine the legal requirements which govern workplace interactions and codes of conduct which have been implemented to maintain a respectful work environment. Through the use of real-world examples, we’ll discuss where workplaces may run afoul of these requirements. 

SPEAKERS 

Tanja L. Darrow, Littler Mendelson P.C., Los Angeles, CA 

Cynthia Uduebor Washington, Baker Botts LLP, Dallas, TX 

Thursday October 9, 2025
10:30 am - 11:30 am

This workshop will discuss three of the most critically important AIA provisions that an “owner” needs to try to negotiate with its contractor, including understanding the most recent revisions to AIA forms. The workshop will explore negotiating provisions regarding project insurance, risk mitigation and liquidated damages. 

SPEAKERS 

John Kranyak, Signet Jewelers, Akron, OH 

James Newland, Dentons US LLP, Washington, D.C. 

Thursday October 9, 2025
10:30 am - 11:30 am

This workshop will discuss pre- and post-bankruptcy strategies in connection with anchor tenants at shopping centers. What bankruptcy provisions in a lease should you include or make sense to negotiate, strategically, legally and/or under bankruptcy law? The workshop will discuss, once the bankruptcy is filed, how to deal with the stay and when and how to engage with the bankruptcy trustee. 

SPEAKERS 

Scott Fleischer, Barclay Damon LLP, New York NY 

Jennifer Raviele, Kelley Drye & Warren LLP, Chicago, IL 

Thursday October 9, 2025
11:30 am - 12:00 pm

No lunch service after 12:00 pm. 

Thursday October 9, 2025
12:00 pm - 12:15 pm

Thursday October 9, 2025
12:15 pm - 1:15 pm

Thursday October 9, 2025
1:30 pm - 2:30 pm

Anchors historically have protected their specific use, as it changes over time from competition, but they also do not want detrimental uses near them or at all in a center they occupy. But increasingly, there are exceptions to almost all the historically prohibited uses, and what the term “anchor” refers to has changed. Often, the retailers who generate the most foot traffic (and the highest gross sales) are not the largest tenants by square footage. Is an anchor defined exclusively by size, foot traffic sales revenue or all three? How the landlord and the tenant counsel to reach an agreement on these ever-changing concepts will be explored in the negotiations. 

SPEAKERS 

Mindy Wolin Sherman, Perkins Coie LLP, Chicago, IL 

Matt Whitlow, Macy’s, New York, NY 

Howland Gordon, Bartko Pavia LLP, San Francisco, CA 

Thursday October 9, 2025
1:30 pm - 2:30 pm

In an omnichannel sales environment, negotiations over what belongs in and out of gross sales have only become more fraught. We will discuss and negotiate how to define gross sales. We will then discuss what are appropriate exclusions from gross sales. 

SPEAKERS 

Mark Arbus, Burlington Stores, Burlington, NJ 

Neva Wagner, Perkins Coie LLP, Chicago, IL 

Thursday October 9, 2025
1:30 pm - 2:30 pm

With remote working routines and perceived differing styles of practicing law between generations of attorneys within an organization, it is extremely important to communicate and recognize the need for better communication among the generations of attorneys in a law firm or department. This interactive session will be a discussion of such differences, as well as commonalities, and identify how different generations of colleagues can work together for a successful relationship.  

SPEAKERS 

Nicole Fry, Benesch, Friedlander, Coplan & Aronoff LLP, Chicago, IL 

Peter Hartman, Hartman Simons & Wood LLP, Atlanta, GA 

Travis Jeffries, Cox, Castle & Nicholson, Los Angeles, CA 

Thursday October 9, 2025
1:30 pm - 2:30 pm

This workshop provides a comprehensive look at continuous operation covenants in retail leases and the strategic tools landlords can use to enforce them. We’ll explore how “go dark” provisions impact shopping center vitality, review enforceability standards for operating covenants and liquidated damages, and examine key case law. The session will also cover the drafting of enforceable remedies, including recapture rights and financial penalties, as well as how to defend against tenant attempts to circumvent lease obligations through subleasing and assignment. Attendees will gain practical insights into negotiating, drafting and enforcing continuous operation and co-tenancy clauses. This workshop is designed to help landlords and their counsel protect retail asset value and maintain center performance through proactive lease structuring. 

SPEAKERS 

Robert DiPisa, Cole Schotz P.C., Hackensack, NJ 

James F. Radke, Harris Beach Murtha, Boston, MA 

Thursday October 9, 2025
1:30 pm - 2:30 pm

This workshop will delve into one of the most highly negotiated provisions of a lease—common area maintenance expenses. It will address various CAM-related issues including what is included and excluded from CAM, how the pro rata share is calculated, and whether a CAM cap is cumulative or non-cumulative (and if so, what are controllable and non-controllable expenses). We will further discuss a landlord’s vulnerable audit provision, increasingly leading to a fixed CAM amount, which while simplifying the issues, presents its own risks. 

SPEAKERS 

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

Tara Scanlon, Holland & Knight LLP, Washington, D.C. 

Thursday October 9, 2025
2:45 pm - 3:30 pm

All disabilities are not apparent, but they can still have an impact on a person’s daily activities. Examples include learning differences, mental health disorders, fatigue and other physical conditions. This session will discuss these conditions and examine ways our language and attitudes can impact our workplace relationships if we are insensitive to the issues that may arise for the affected individuals and others.  

SPEAKERS 

Katie McIntyre, Eversheds Sutherland (US) LLP, Atlanta, GA  

Connie Simmons Taylor, Baker Botts LLP, Houston, TX 

Thursday October 9, 2025
2:45 pm - 3:30 pm

Alternative fee arrangements can take many shapes and forms. And “alternative” need not always mean “less.” This workshop will explore various types of alternative fee arrangements with a view toward the respective risks and benefits for the law firm and the client. 

SPEAKERS 

Scott Kadish, UB Greensfelder LLP, Cincinnati, OH 

May Han, Burgerville, LLC, Vancouver, WA 

Thursday October 9, 2025
2:45 pm - 3:30 pm

This workshop will focus on insurance coverage from a tenant’s perspective: What policies are critical must-haves, what are nice-to-haves but not critical, and what coverage is not worthwhile? The discussion will also tie-in a tenant’s insurance policies to the tenant’s damage, destruction and indemnity obligations under the lease. 

SPEAKERS 

Lilit Asadourian, Barnes & Thornburg, Los Angeles, CA 

Andrew Moody, Roetzel & Andress, Canfield, OH 

Thursday October 9, 2025
2:45 pm - 3:45 pm

In this first of two core purchase and sale agreement sessions, attendees will learn about the economic terms and conditions of a purchase and sale agreement. From earnest money deposits to baskets and caps to closing prorations, this session will cover all the dollars and cents. 

SPEAKERS 

Michael Di Geronimo, Miller Starr Regalia, Walnut Creek, CA  

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

Thursday October 9, 2025
2:45 pm - 3:45 pm

What does it take to climb the mountain and add a mixed-use component to a shopping center? This presentation will provide an overview of what to expect to get you to the top of that mountain. The panelists will outline the due diligence process (particularly the review of existing documents) and the many parties involved (such as governmental authorities, lenders, ground lessors, tenants/occupants, property owners and citizen groups) and their various perspectives, concerns and desires (both monetary and non-monetary).  

SPEAKERS 

Michael Ben-Isvy, Brookfield Properties, Chicago, IL 

Andrew Fogg, Cox, Castle & Nicholson, Los Angeles, CA 

Lica Tomizuka, Faegre Drinker Biddle & Reath LLP, Minneapolis, MN 

Thursday October 9, 2025
2:45 pm - 3:45 pm

You negotiated a lease on behalf of a landlord that includes a CAM clause with an elaborate set of exclusions. The exclusions are so extensive and particular that your lease administrative team has warned you they may not have been able to accurately account for every one of them—especially given how many other tenants in the center have negotiated for specialized exclusions. The tenant has now demanded its first CAM audit and will be using a lease auditing firm notorious for being aggressive. Let the games begin! 

SPEAKERS 

Naseem D. Mehrinfar, Ravid Law Group, Beverly Hills, CA  

Andrew Rapp, Fox Rothschild LLP, Seattle, WA 

Thursday October 9, 2025
2:45 pm - 3:45 pm

In addition to setting forth basic economic and timing understandings, purchase agreements and leases allocate various risks between the parties. One such risk is the risk of the liability for environmental contamination. This workshop will take a deep dive into the provisions allocating the risks of environmental contamination favored by sellers and purchasers in purchase agreements and by landlords and tenants in leases. 

SPEAKERS 

Emily Lamond, Cole Schotz P.C., Hackensack, NJ 

Heather Richardson, Thompson Hine LLP, New York, NY 

Thursday October 9, 2025
4:30 pm - 5:30 pm

Thursday October 9, 2025
5:30 pm - 6:30 pm