Retail Industry Issues

Alex ConnThanks for joining us for the final part of our blog series on potential liability of landlords reopening shopping centers in Ohio. In this part four, we are going to take a look at proposed COVID-19 related legislation that is traveling through the Ohio general assembly.

On September, 2, 2020, the Ohio General Assembly enacted

Alex ConnThanks for joining us for part three of our blog on potential liability for landlords reopening shopping centers in Ohio. In this part three, we are going to make some recommendations to landlords on how to try to best protect themselves.

At minimum, landlords should (a) closely follow CDC guidelines for commercial establishments, as well

Alex ConnThanks for joining us for part two of our blog on potential liability of landlords who are reopening shopping centers to consumers in Ohio. In this part two, we will do a deeper dive into the negligence standard in Ohio.

A plaintiff must establish three elements for a negligence claim: that (1) the defendant owed

Alex ConnCommercial landlords all over the country are currently attempting to navigate the complicated waters of reopening during the COVID-19 pandemic. This is a difficult process, as there often seem to be different requirements for each state, county, and even city. In particular, the question of potential liability to customers seems to be of utmost importance.

Relationships matter.

Seems obvious, but not always understood. However, this past week Scott Kadish, Alex Conn and I experienced firsthand the importance of this simple principle.

Last week we attended the ICSC U.S. Shopping Center Law Conference in San Antonio, Texas. For 4 days we attended educational sessions (we actually led the discussion in 2 of those), visited with clients and colleagues, renewed friendships and made new ones. There were about 1,350 attendees at this conference, the programming was terrific, and opportunities were abundant.

Clients and lawyers with whom we may only have an electronic connection for most of the year were suddenly and delightfully in the same physical place as us for 4 or 5 days. It was during this face-to-face time that I realized how important it is to actually know our clients and the folks who sit across the table from me the rest of the year.
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“Street Food” has generally referred to prepared food items ready for immediate consumption sold on the street or in a public space from a food cart, food truck or similar moveable station. The connotation was cheaper fast food.

Today, “street food” is a unique, trendy selling point. There is Piada Italian Street Food that brands

World Famous Las Vegas Nevada. Vegas Strip Entrance Sign in 80s Vintage Color Grading. United States of America.

I just returned from the National Restaurant Association Financial Officers and Tax Executives Conference in Las Vegas. I participated on a Real Estate Leasing Trends panel with Adam Schwegman, head of the eat/drink department of General Growth Properties and George Galloway of Next Realty Mid-Atlantic, with Ryan Cupersmith of Ernst & Young as our moderator. While there, I was able to soak in some knowledge myself. Here are some of the highlights of what I learned:

  1. Restaurants may be the new anchor in retail developments. A center has to provide an “experience” to motivate consumers to shop at the center as opposed to sitting home and buying over the internet. Restaurants have become a great way to create an experience and draw customers in.
  1. Restaurants are immune to internet competition. Last time I checked, you can’t buy a prepared meal over the internet that comes with a server and clean-up crew, so restaurants appear to be safe from internet competition, at least for now.

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