2001 ICSC Spring Convention
March 26, 2001
Janis Boyarsky Schiff- Washington
Stephen W. Snively- Orlando
"All the world's a stage, and all the men and women merely players....." As You Like It, Act II, Scene 7
Those famous words of William Shakespeare
describe the retail industry. This year, the stage will be the International
Council of Shopping Centers (ICSC) annual Spring Convention on May 20 - 23,
2001, at the Hilton Convention Center in Las Vegas, Nevada. The players
include a cast of familiar faces, the developers, retailers, investors and
other characters who provide the flair, pageantry and excitement for which
this industry is known. Much has happened in the retail industry since last
year’s convention.
We anguished for months with a presidential
election which, depending on your political affiliation, was a tragedy or
comedy. Wall Street, fueled by over-investment and unstable stock values in
the dot-com sector, turned timid at year-end, raising concerns over
inflation and shrinking economic growth. There was a corresponding decrease
in shopping center construction starts during that period.
Fears over the impact of the Internet on
bricks’n’mortar stores are still voiced. Internet sales are increasing
for service-based businesses relating to travel, and niche retail businesses
selling books and computers. The inability to touch merchandise,
technological obstacles ordering goods via computer presents to some
consumers, the inability of children without credit cards to purchase goods
online, costs and delays associated with delivery and customer service
problems relating to exchanges still pose formidable obstacles to expanded
use of the Internet for the retail sale of merchandise. Some retailers have
developed brand-name merchandise for which they can create demand, and
control sales on the Internet through captive Web sites. Other retailers
promote their Web sites in stores, have installed computers where
merchandise can be ordered and use existing retail outlets for exchanges by
the customers. By contrast, an increasing number of Internet-based
businesses are opening traditional stores. Notwithstanding the heightened
media attention within the retail industry, many still consider the Internet
to be much ado about nothing.
These issues, and others relating to the
rapidly evolving retail industry, will be addressed at the ICSC Spring
Convention. It remains the most efficient and effective way to learn,
network and conduct business. This year, the format has changed. The Trade
Expo and Leasing Mall will take place on overlapping days and provide more
flexibility to registrants in attending events. The Educational Sessions
will be expanded and address new topics.
The improved ICSC Web site at www.icsc.org
contains detailed information about the Spring Convention, including a
database of registrants which is updated daily. That database can be
searched, either by individual name or company. The name of each registrant
is accompanied by an e-mail address permitting immediate contact. This is a
great way to arrange important deal-making meetings. This year 17 members of
Holland & Knight’s retail development group will be attending the
Spring Convention to meet with our clients, negotiate and complete
retail deals for them.
This edition of Property Writes includes
articles on topics of special importance to the retail industry, including
covenants for continuous operation, environmental liabilities, assignment of
leases, percentage rent, parking requirements and casualty losses. We hope
you find these articles helpful in your business. The retail development
group of Holland & Knight LLP has attorneys throughout the nation, and
assists developers, tenants, lenders, investors and others with legal
matters relating to the retail industry. Holland & Knight has expanded
its retail development group to Los Angeles and San Francisco, and has
increased its capabilities in the Boston and Washington, D.C., offices.
We are currently working on major new projects for clients in San Jose, CA,
Virginia Beach, VA, Daytona Beach, FL, and Washington, D.C. We also
represent several national retailers with their expansion programs
throughout the country. For more information about the law firm and individual lawyers, please visit our Web site at www.hklaw.com.
Ms. Schiff is a Partner in our Washington
office. She can be reached at 202-862-5994 or at jschiff@hklaw.com
Mr. Snively is a Partner in our Orlando
office. He can be reached at 407-244-1112 or at ssnively@hklaw.com