Retail

Representative Experience

  • Serve as outside leasing counsel for large acclaimed retail redevelopment projects in the Buckhead community of Atlanta, Georgia and the River Oaks community in Houston, Texas, and for numerous regional and national landlords, including Westfield, Gregory Greenfield and Associates, Trademark and others.
  • Serve as outside general real estate counsel for multiple restaurants and franchised concepts, including a nationally franchised fast-casual restaurant concept recently recognized by Forbes Magazine as the number one private company to watch in America.
  • Represent large mixed use projects such as One Daytona (Daytona Beach, FL), LakePoint (GA), White Provisions (GA), Atlantic Station (GA) and Warehouse Row (TN).
  • Represent Walt Disney Parks & Resorts U.S., Inc. in the redevelopment of Disney Springs (f/k/a Downtown Disney) in Orlando, Florida.
  • Represent the real estate divisions of several of the ten largest private equity companies in the United States in ongoing shopping mall acquisitions, redevelopment, leasing and property management matters.
  • Serve as a preferred vendor, and frequently as general outside counsel, for franchisees of wide variety of regionally and nationally franchised concepts in providing real estate, corporate and franchise counsel, including negotiating leases across the United States and Canada for child care systems, health care clinics, restaurants, service providers, apparel retailers and fitness facilities.
  • Represented international shopping center owner in negotiation and drafting of leases for anchor, in-line and outparcel tenants.
  • Represent borrowers in refinancing of raw land and operating retail and mixed-use assets, including negotiation of securitized loan documents.
  • Successfully defended landlord against claims for millions of dollars related to roof leak and recovered $350,000 for client on counterclaim for damages and fees.
  • Obtained summary judgment for landlord client that was affirmed on appeal to enforce radius restriction in lease, recover additional rent, and client's attorneys' fees.
  • Resolved a high stakes dispute between commercial developers on adjacent properties through litigation and subsequently negotiated settlement by formulation of a win-win scenario involving benefits to both parties to address issues related to easements, retention ponds, lateral support and other concerns
  • Represents numerous clients, including medical facilities, logistics companies, property owners, and developers in landlord-tenant disputes and real estate litigation.
  • Representation of various clients in complex, high-end, restaurant negotiations, including with such notable restaurants as: Abattoir (Atlanta), The Farm House (Nashville), Empire State South (Atlanta), West Egg Café (Atlanta), Ormsby’s (Atlanta), The Optimist (Atlanta), Etch (Nashville), Garrido’s (Austin), MF Sushi (Atlanta), Bartaco (Atlanta), Cooks & Soldiers (Atlanta), Negril Village (Atlanta), Smokebelly (Atlanta), Sweet Auburn BBQ (Atlanta), The Southern Gentleman (Atlanta), Gypsy Kitchen (Atlanta), Bakersfield (Nashville), Two Ten Jack (Chattanooga), Tupelo Honey Café (Chattanooga), Ichiban (Atlanta), Yet-to-be-named Ford Fry Restaurant (Inman Park), World of Beer (Atlanta), Newk’s Express Café (Atlanta), Sweet Hut Bakery (Atlanta), Momma Goldberg’s Deli (Atlanta), The Big Ketch (Atlanta), Fado Irish Pub (Atlanta), Bread & Butterfly (Atlanta), Amer (Atlanta), Barcelona VinoTeca (Atlanta), Brash Coffee (Chattanooga), Corner Bakery Café (Atlanta), Perrine’s Wine Shop (Atlanta), Zoe’s Kitchen (Atlanta), Ford Fry Steakhouse Concept - Marcel (Atlanta), Hampton & Hudson (Atlanta), Revelator Coffee (Atlanta), Brash Coffee (Atlanta), Carolyn’s Gourmet Kitchen (Atlanta), Dtox Organic Juice and Junk (Atlanta), Stout Brothers (Atlanta), Cacao (Atlanta), Provenance (Raleigh), Sweet Auburn Seafood (Atlanta), Marco’s Pizza (Boca Raton), Freshii (Boca Raton), Herban Fix (Atlanta), Steadfast Coffee & Cocktails (Nashville), 42 & Lawrence (Raleigh), The Painted Duck (Atlanta) and Rreal Tacos (Atlanta).
  • Represented franchisor in lawsuit brought by franchisee after franchisor terminated franchisee following poor audit reports and operational defaults. Following a day-long hearing on franchisee’s complaint for an injunction stopping the termination, the Court upheld the termination. Shortly thereafter, the franchisee dropped the suit, agreed to transfer the restaurant to another franchisee and paid a significant portion of incurred legal fees.
  • Won a jury trial on behalf of shopping center owner against a failed purchaser suing for specific performance of an alleged purchase and sale agreement. After trial, the judge awarded the client all of its attorney’s fees and costs.
  • Represented a publically traded REIT in connection with the acquisition and financing of 8 grocery-anchored shopping centers located across Georgia, Florida, Texas and North Carolina for an aggregate purchase price of approximately $210,000,000.
  • Won summary judgment for Atlanta Retailers Association of more than 800 stores in defense of a class action in which plaintiffs alleged that the group's membership criteria and contracts with vendors discriminated on the basis of race and, therefore, violated 42 U.S.C. Section 1981.
  • Obtained approval for a developer’s application for special use permit after local city council tried to force the developer to make costly improvement to shopping center in exchange for the permit. The permit was approved without the conditions.
  • Successfully represented commercial property purchaser against competing purchaser based on our client’s option agreement, which constitutes a contract, trumping the competing purchaser’s letter of intent from the seller, which was not a contract.
  • Successfully represented big box developer against a property owner who was attempting to back out of a purchase and sale agreement for a parcel that was part of a large assemblage of properties necessary for the development of the store and surrounding shopping center.
  • Serve as lead counsel for a national warehouse retailer in negotiating acquisitions, ground leases, and site development agreements for store sites in shopping centers throughout the United States.
  • Serve as lead counsel for various investment and syndication firms in the acquisition and financing of big box and/or grocery anchored, multi-tenant shopping centers throughout the United States.
  • Represent landlords and tenants in the negotiation of AIA construction contracts for construction of national retailers build-to-suit buildings, and space build-outs and remodels.
  • Led due diligence team in the representation of an Australian based, vertically integrated fund manager in the acquisition of a 49% interest in a portfolio of 8 super-regional malls throughout the United States.
  • Represent a multi-branded, publicly traded footwear and apparel retailer in the leasing and management of their retail portfolio.
  • Representation of national developer in development of 700,000 square foot power center, including negotiation of reciprocal easement agreement and various big box anchor leases.
  • Representation of various developers / landlords in negotiations of big box leases, including sporting goods stores, craft stores, fashion and department stores, movie theaters, office supply stores and pet supply stores.
  • Representation of regional developer in acquisition, redevelopment, leasing and re-financing of neighborhood shopping centers in Georgia and Alabama, including negotiation of big box anchor leases and restaurant ground leases.
  • Has served as lead counsel in over $150 million of shopping center acquisitions during calendar year 2015 alone (through July), including projects in multiple states.
  • Represented largest MBE in the Hartsfield-Jackson Atlanta International Airport with various concessionaire disputes.
  • Representation of retail real estate investment and development company in acquisition and leasing of shopping center outparcels in the mid-Atlantic and Southwest regions.
  • Represented various retailers on their distribution facility leases, including one of over 1,000,000 square feet.
  • Represents provider of wireless telecommunications service in connection with cell site permit litigation.
  • Represents Georgia electric power supply cooperative in connection with nuclear power plant construction dispute.
  • Represented real estate developer in construction contract dispute against DeKalb County. Successfully resolved lawsuit prior to trial.
  • Representation of institutional opportunistic real estate investment company in its acquisition, leasing, redevelopment and assemblage of multiple warehouse buildings into dynamic urban office district.
  • Worked with a major retailer regarding its data breach, and particularly with regards to Congressional investigations and hearings.
  • Representation of Landlord in the leasing of approximately 40,000 square feet of high-end, urban-infill retail space located in the Inman Park neighborhood of Atlanta, Georgia.
  • Represented property owner in connection with the leasing of 80,000 square feet of rooftop space on a Publix-anchored shopping center in Gainesville, Fl., for the installation of nearly 1,500 solar panels. The 350 kw system is the fourth (4th) largest rooftop solar facility in the State of Florida and provides electricity to Gainesville Regional Utilities, which buys the power under its feed-in-tariff program.
  • Representation of national developer with property management issues relating to regional mall ownership.
  • Works with the National Retail Federation, National Association of Chain Drug Stores and other retail trade associations to support important data security and data breach policies.