For over 50 years, the International Council of Shopping Centers (ICSC) U.S. Law Conference has provided retail real estate legal professionals with the opportunity to gain industry-specific knowledge and insight from leading authorities and network with industry peers. The conference is October 26-28 and features various sessions and workshops for the retail and real estate legal community. 

Avoiding the Pitfalls of Seemingly Innocuous Boilerplate: A Lease Unexamined Is a Lease Not Worth Signing
Date & Time: Wednesday, October 26, 2:00 pm - 3:15 pm
Location: Palazzo AB
G&S Speaker: Derek Domian
Remember when force majeure clauses were as petrified as dinosaur fossils? Now they are among the most scrutinized and negotiated clauses in commercial leases. In this interactive workshop, led by a real estate lawyer who negotiates and drafts leases and a litigator who deconstructs them, we will take the lessons learned from force majeure clauses to identify and improve other boilerplate language and provisions found elsewhere in leases, and we might even uncover the next boilerplate provision to dominate the next three years of our lives.

Leasing Bootcamp Part One: Retail Leasing: Bang Your Head - A Metalhead’s Guide to Retail Leasing
Date & Time: Wednesday, October 26, 3:30 pm - 4:45 pm
Location: Mediterranean 4
G&S Speaker: Jennifer Jones
This session is an introduction to the basics of retail leasing, presented with the help of some heavy metal greats. We will deliver a final countdown of the most essential retail lease provisions, including lease term (plus extension and kickout options), use (plus prohibited use and exclusive use), maintenance/repair, assignment/subletting, default and holdover/surrender. We’ll have nothin’ but a good time as we go round and round through practice tips, negotiation strategy and drafting techniques; “metal” health will drive you mad, but retail leases need not!

Words Do Matter: The Story of Lease Guarantees
Date & Time: Thursday, October 27, 8:00 am - 9:15 am
Location: Mediterranean 6-7
G&S Speaker: Melissa Rivers
This session will explore the different types of lease guarantees, including rolling guarantees, good guy guarantees and full lease guarantees. The speakers will discuss the purposes of these different types of guarantees and language used in such guarantees and how guarantees are interpreted by courts.

Leasing Bootcamp Part Two: But Wait, There’s More!
Date & Time: Thursday, October 27, 9:30 am - 10:45 am
Location: Mediterranean 6-7
G&S Speaker: Vanessa Moody
This session is the second installment of retail leasing basics, covering the structuring of rent provisions, including base, percentage and additional rent, CAM considerations, force majeure (now a hotly negotiated provision), co-tenancies and even some head-banging provisions not covered by the headbangers in the first leasing bootcamp session, such as indemnities, insurance, casualty and condemnation. We will also cover lease provisions that relate to a landlord’s ability to develop the real estate, such as relocation rights, no-build/protected areas and other future development rights and restrictions. We’ll pack in helpful drafting and practice tips and plan to create a session that will be helpful for legal professionals of all ages and stages.

Click here to view the full 2022 ICSC program