ICSC+U.S. LAW

Friday October 10, 2025
7:00 am - 7:45 am

No breakfast service after 7:45 am. 

Friday October 10, 2025
7:00 am - 1:00 pm

Friday October 10, 2025
7:45 am - 8:15 am

Friday October 10, 2025
8:15 am - 9:15 am

Friday October 10, 2025
9:30 am - 10:30 am

In the second core session about PSAs, attendees will learn about the standard, non-economic provisions commonly found in shopping center purchase and sale agreements. We will focus especially on conditions to closing, the mechanics of closing and each party’s perspective about representations.  

SPEAKERS 

Michael DiGeronimo, Miller Starr Regalia, Walnut Creek, CA  

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

Friday October 10, 2025
9:30 am - 10:30 am

Much has changed in the insurance world in the last 30 years, including insurance language, the availability of coverages and the exploding size of judgments and settlements. However, most leases and other real estate-related contracts are not aligned with the parties’ current insurance contracts, creating gaps and uninsured balance sheet risks. Our panel of insurance experts will make you aware of the gaps between outdated lease language and modern insurance coverage for both property and liability insurance and guide you in matching your lease language to modern insurance requirements and the coverage your client needs. 

SPEAKERS 

Ann Peldo Cargile, Bradley Arant Boult Cummings, Nashville, TN 

Charles Comiskey, RiskTech Inc.,Houston, TX 

Marie Moore, Sher Garner Cahill Richter Klein & Hilbert, L.L.C., New Orleans, LA 

Friday October 10, 2025
9:30 am - 10:30 am

In this session, we will understand the “gambling” nature of determining the best mechanisms to assist with exiting a lease. These topics will include early termination rights, kickout clauses, force majeure issues and similar strategies to create the best plan for ending a commercial lease. Does a full house beat four of a kind? No, it does not, but this negotiation will develop a creative strategy to have a successful negotiation. 

SPEAKERS 

Yan Besner, Osler Hoskin & Harcourt LLP, Montreal, QC 

Rhonda Stone, The Taubman Company, Bloomfield Hills, MN 

Lawrence Skok, Capital Vision Services, LLC, Oakton, VA  

Friday October 10, 2025
9:30 am - 10:30 am

Negotiation and drafting of construction and reimbursement provisions for tenant improvements are some of the trickiest areas of retail leasing. The construction work letter amounts to a mini-construction contract within the lease and unexpected delays and disputes often arise during the build out period. This peer-to-peer session will explore best practices for developing construction work letters and allowance reimbursement provisions based on tried-and-true solutions.  

SPEAKERS 

Kathryn Messenger, The Aspen Group, East Syracuse, NY  

Bill Toliopoulous, Laurie & Brennan LLP, Chicago, IL 

Friday October 10, 2025
9:30 am - 10:30 am

With all of the stresses in life generally, but in particular on the job, your mental wellness is constantly being challenged. When the stress gets to be too much, how do you deal with it? Substance abuse is one alternative which can lead to serious and even deadly results. An open discussion with someone who chose the substance abuse alternative may help you make a better/different choice. 

SPEAKERS 

Judy Jennison, Perkins Coie LLP, Seattle, WA 

Wil Miller, Wil Miller Attorney at Law PLLC, Seattle, WA 

Friday October 10, 2025
9:30 am - 10:30 am

The redevelopment or repurposing of an empty anchor box is a challenge facing many shopping centers today. It can involve the complete razing of a site, the carving up of an existing building for multiple occupants, the addition of outward-facing GLA on the perimeter of a box, or any combination thereof. This workshop will explore the perspectives and needs of the various parties involved, from the developer to the exiting anchor, other shopping center occupants or owners and the potential new occupant(s).  

SPEAKERS 

Tom Cahill, Thomas B. Cahill PC, Naperville, IL 

Shweta Van Beveren, Transformco, Hoffman Estates, IL 

Friday October 10, 2025
9:30 am - 10:30 am

Workshop 17 | Repair and Maintenance Provisions: Could Your Standard Lease Provisions Use a Fresh Coat of Paint?Repair and maintenance provisions are standard lease provisions that don't always get the attention they deserve. Failing to adequately address parties' respective maintenance and repair obligations can lead to disputes which could have been avoided. This workshop will cover best practices for drafting and negotiating repair and maintenance provisions by discussing sample provisions, war stories and hypotheticals. 

SPEAKERS 

Chaim Bueno, Morrison Cohen, LLP, New York, NY 

Lisa Cahn, Gresham Cahn LLC, Gaithersburg, MD  

Friday October 10, 2025
10:45 am - 11:45 am

Real estate transactions typically come with a variety of ancillary documents that are critical to successful transactions. For even the most complex matters, newer real estate attorneys will often be tasked with ensuring their proper negotiation and completion. From license agreements to enter a property to non-disclosure agreements to SNDAs to estoppels, this session will discuss the landmines in these documents. 

SPEAKERS 

Gina DellaVecchia, Irvine Company, Irvine, CA  

Nida Ghaffar, Husch Blackwell LLP, Chicago, IL 

Friday October 10, 2025
10:45 am - 11:45 am

The retail landscape continues to evolve. So do the challenges faced by landlords and tenants. Join this distinguished panel for a discussion of the most significant challenges ahead, along with the ever-evolving consumer demand, and how speakers’ companies and industry are preparing to meet them. 

MODERATOR 

Ryan Rivera, Hartman Simons & Wood LLP, Atlanta, GA 

SPEAKERS 

Kari Broyles, Life Time – Healthy Way of Life, Chanhassen, TN 

George Papageorge, Potomac, MD 

Louis Raymond, Irvine Company, Irvine, CA 

Friday October 10, 2025
10:45 am - 11:45 am

Climate change is increasing the frequency and severity of natural disasters. Whether a natural disaster or human error causes damage to retail buildings, cleaning up the aftermath and determining rebuilding obligations and termination options can pit landlords and tenants against one another. Join us for a lively discussion of the practical approaches to restoration and termination issues depending upon the extent of damage, the remaining term on the lease, and performance of the initial build out of the premises. 

SPEAKERS 

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

Louis Papera, Ruda Hirschfeld Papera & Hoffman., Atlanta, GA 

Friday October 10, 2025
10:45 am - 11:45 am

Control of the common areas of a shopping center has long been a power struggle between the developer and anchor occupants. However, as centers continue to evolve and alternative and mixed-use become the norm, the landscape of parties wanting controls has become more diverse. This workshop will delve into hot issues such as permitted building areas, parking, access and traffic flow, construction scheduling, and view corridors, from the perspectives of the various parties involved, including developers, traditional anchors, and newcomers like hotel and multifamily users. 

SPEAKERS 

Heather Moraes, Winderweedle, Haines, Ward & Woodman, P.A., Winter Park, FL 

Jacinto Nunez, Vorys, Sater, Seymour and Pease LLP, Akron, OH 

Friday October 10, 2025
10:45 am - 11:45 am

How many of us have read a co-tenancy provision that we negotiated many years ago and shook our head? This workshop will focus on how to not repeat past missteps on critical co-tenancy provisions, such as notice, cure, remedy, exceptions and termination clauses. No need to name names but bring your best examples of how we can all improve upon co-tenancy language. 

SPEAKERS 

Adam Hirschfeld, Ruda Hirschfeld Papera & Hoffman LLP, Bethesda, MD 

Clara Feldman, Blank Rome LLP, New York, NY 

Friday October 10, 2025
12:00 pm - 1:00 pm

It’s getting late, and the only section of the lease or PSA that remains to be reviewed is the innocuously entitled “Miscellaneous” section. How bad can it be? Attendees of this session will learn how to distinguish between the traps (e.g., force majeure) and the truly harmless provisions at the end of the relevant document. 

SPEAKERS 

Amelia Elze, Elze Law PLLC, Richmond, VA 

Nolen Moore, Arnall Golden Gregory LLP, Atlanta, GA 

Friday October 10, 2025
12:00 pm - 1:00 pm

Many uses produce sounds, vibrations and odors that may be heard, felt and smelled outside of a store’s premises. But what is acceptable, and what efforts need to be taken (are too costly to undertake), to keep a business open without impairing the ability to lease adjacent stores? Negotiations will focus on examples of when these issues arise and how these issues are addressed in leases. 

SPEAKERS 

Michele Dodd, VASA Fitness, Chicago, IL 

Stacy Moskowitz, Hartman Simons & Wood LLP, Atlanta, GA 

Paul J. Russo, Akerman LLP, Chicago, IL 

Friday October 10, 2025
12:00 pm - 1:00 pm

In this peer-to-peer session, we will explore not-so-hypothetical scenarios that arise in retail purchase and sale contracts. Be ready to discuss and debate the hottest issues being raised by buyers and sellers. We all know time kills deals, so learn the tricks of the trade from your peers to better enable you to draft a fair agreement and get under contract. 

SPEAKERS 

Kelli Halley, Husch Blackwell LLP, St. Louis, MO  

Tom Smallwood, Stinson LLP, St. Louis, MO 

Friday October 10, 2025
12:00 pm - 1:00 pm

This workshop will focus on various types of loan guaranty obligations. This includes “standard” bad boy carve outs and other typical provisions. It will also delve into a further discussion on allocation of responsibility in a joint venture or partnership context.  

SPEAKERS 

Hans Lapping, Miller Starr Regalia, Walnut Creek, CA 

Michel Williams, Senn Visciano Canges, P.C., Denver, CO 

Friday October 10, 2025
12:00 pm - 1:00 pm

This workshop will identify some of the unique benefits and risks presented in a ground lease as opposed to a straight space lease. This will include adding the due diligence and tax issues necessary to reduce such risks and maximize such benefits, when entering into the ground lease and managing it through its life and expiration. 

SPEAKERS 

Apollo Carey, Lewis Rice LLC, St. Louis, MO 

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