Practices/Industries

Retail

“The Group’s expertise encompasses such a broad remit that it can ‘give excellent advice on a range of legal matters’ including transactions, project financing and development, as well as leasing.” – Client, to Legal 500 interviewer

Sutherland’s problem-solving approach to retail real estate ensures that complicated and contentious matters are resolved efficiently and effectively.

Crafting complex retail development and leasing deals often resembles putting together a puzzle. Sutherland attorneys know how to fit all the pieces together into a perfect whole, from leases and loans to joint venture agreements to lending documents. Our attorneys work with clients on all the different retail product types, including enclosed mall, strip center, stand-alone retail, power centers, community centers and street retail. Our diverse retail development and leasing practice represents developers and retailers with purchase and sale, financing and leasing transactions in virtually every major market in the United States.

While we negotiate and document technical legal concepts contained in loan, lease and purchase documentation, such as indemnities, waivers of subrogation, exculpation provisions, and the like, we excel in the truly important provisions of these deals such as CAM and other rent provisions, use clauses, including exclusivity and other use restrictions, work letters and development agreements and assignment and sublease provisions. We recognize where challenges and unforeseen issues can creep in, and we use provisions that ensure our clients don’t find hidden surprises down the road.

Our perspective is holistic and we regularly represent landlords and tenants, buyers and sellers and lenders and borrowers. This allows us to recognize issues that are not important to the other side and quickly reach compromises. Yet our value goes far beyond purely legal counsel. For example, we know how retail projects can fit into mixed-use facilities. We cooperate and collaborate well with all the other players involved with retail deals—brokers, architects and engineers—to ensure that clients realize their business objectives.

Why Sutherland

Long-standing relationships. Our relationships typically are long-term, and many clients tap our experience for multiple matters.

National and international reach. We represent national and regional developers, institutional investors and big-box end users in purchase, sale, financing and leasing transactions in virtually every major U.S. market. We work regularly on foreign investments in United States real estate, as well as large-scale development overseas by foreign and domestic clients.

A reliable team. Regardless of the size and complexity of a matter, we are sensitive to the need for continuity in case management and our depth allows our real estate lawyers to provide stable working relationships.

Speed. We know the intense time pressures often involved in retail transactions and understand that many transactions will not be consummated until every document is thoroughly negotiated and documented. We pride ourselves on our dealmaking attitude and our ability to work with all parties, including the other side’s lawyers, in a non-adversarial and cooperative manner.

The inside track. We know the industry players and how they view the world. This allows us to provide our clients with an advantage when dealing with national, regional and local retailers.

Thought leaders. Our real estate lawyers are active members of key legal and professional associations, including the American College of Real Estate Lawyers, the American College of Mortgage Attorneys, NAIOP, ICSC, ULI, PREA and national, state and local bar association sections and committees.

Nuts and Bolts

  • Leases
  • SNDAs
  • Reciprocal easement and operating agreements
  • General development matters
  • Acquisitions and dispositions
  • 1031 like-kind exchanges
  • Financing transactions
  • Joint ventures
  • Environmental matters
  • Disputes and bankruptcies
  • Construction contracts
  • Zoning and land use matters

Take Action

Economic tumult, regulatory shifts and environmental constraints can define or restrict moves in the retail real estate sphere, making it difficult for clients to know what decision is best. Sutherland provides the legal knowledge and business savvy to guide clients to the right opportunities.

Selected Experience

Our Story

Sutherland Asbill & Brennan LLP is a law firm helping the Fortune 100, industry leaders, sector innovators and business entrepreneurs solve their biggest challenges and reach their business goals. Dedicated to unfaltering excellence in client service, we are known for our business savvy and industry intelligence, providing creative and custom solutions for each of our clients. Industry and business experience makes the difference for our clients.

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New York, NY
Erin Corbin Meszaros, Chief Marketing and Business Development Officer
Atlanta, GA
© 2014 Sutherland Asbill & Brennan LLP.
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