Practice Areas & Industries: Eversheds Sutherland (US) LLP


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Practice/Industry Group Overview

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
Sutherland represents Ben Carter Properties in multiple retail developments throughout the Southeast.
Sutherland represented Ben Carter Properties in the acquisition, development, leasing and financing, and disposition of the Mall of Georgia, a 1.7 million-square-foot regional shopping mall in suburban Atlanta, Georgia; St. Johns Town Center and Markets at Town Center, a 1.8 million-square-foot regional retail and mixed-use project in Jacksonville, Florida; and handled the assemblage of 30-plus parcels in metro Atlanta for the development of a landmark luxury project.

Sutherland represents the Sembler Company in major retail developments throughout the Southeast and Puerto Rico.
Our attorneys represented the Sembler Company, a regional developer of retail and mixed-use facilities in the development, purchase, sale and leasing of projects in Georgia, South Carolina, Florida and Puerto Rico consisting of more than 5 million square feet of retail space. Significant projects include Lindbergh Plaza, a redevelopment consisting of approximately 300,000 square feet anchored by Target, Home Depot and Best Buy; Winter Garden Village, a retail development consisting in excess of 500,000 square feet located in Winter Garden, Florida, and anchored by Lowe’s, Target, Best Buy, and Belk; Perimeter Place, a retail development consisting in excess of 500,000 square feet located in Atlanta, Georgia, anchored by Super Target, Ross, Loehmanns, OfficeMax, Lexington, Henredon and Pier 1 Imports; Town Brookhaven, a mixed use facility containing in excess of 400,000 square feet anchored by Costco, LA Fitness, Marshalls, Publix and Cobb Theaters and including three mid-rise apartment projects; and The Prado, a major redevelopment consisting in excess of 400,000 square feet anchored by Publix, Target, Staples and LifeTime Fitness.

Sutherland counsels retailer in developing U.S. stores and establishing its retail program in Mexico.
Sutherland represented one of the country’s largest retailers in the acquisition and development of retail stores across the United States and in the establishment and rollout of its retail program in Mexico.

Articles Authored by Lawyers at this office:

The Home Stretch: Virginia Tax Commissioner Rules that Single Employee Working From Home Creates Nexus
Open Weaver Banks,Michael G. Kerman, April 07, 2016
The Virginia Tax Commissioner ruled that an out-of-state corporation had nexus with Virginia because an employee performed accounting, human resources, payroll and customer support functions from a home office in Virginia. The Commissioner explained that out-of-state corporations are subject to...

Changes to 2016 ALTA Survey Standards - What You Need to Know
Alfred G. Adams,John W. Benson,H. Edward Hales,Victor P. Haley,James B. Jordan, March 24, 2016
The American Land Title Association (ALTA) and the National Society of Professional Surveyors (NSPS) recently adopted revised Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys. The new standards became effective February 23, 2016, and supersede the existing standards introduced...

Georgia Supreme Court Answers “Yes”—A Guarantor May Waive Foreclosure Confirmation
Michael G. Kerman,Adam L. Sonenshine, March 16, 2016
In a decision issued on February 22, 2016, the Supreme Court of Georgia ruled that a guarantor can waive by contract the requirement for a lender to obtain confirmation of a foreclosure sale before pursuing the guarantor for a deficiency. PNC Bank, National Association v. Smith, 2016 WL 690406.