Retail


Ulmer & Berne has a dynamic group of retail clients for whom our attorneys perform a wide variety of industry focused services. Those include leasing, development, employment/non-compete counseling and litigation, construction, trade secret counseling and litigation, intellectual property protection and litigation, lease dispute litigation, general corporate counsel, and other general transactional representation. Because we represent a variety of retailers and are active members of the National Retail Tenants Association, we are able to provide targeted, current, and practical advice, useful for their everyday business needs. And most importantly, since the retail industry continues to experience rapid change, Ulmer & Berne keeps abreast of trends and changes, and is proactive in keeping our clients informed about legal requirements and protection that could impact them.

Cincinnati-based partner Scott Kadish has been elected to the American College of Real Estate Lawyers (ACREL). Scott joins a group of highly regarded real estate lawyers, each elected for admission by invitation only after a rigorous screening process. Attorneys are elected to the ACREL fellowship for their outstanding legal ability, experience,...

Scott P. Kadish, Cincinnati-based partner and Chair of Ulmer & Berne’s Leasing and Retail Practice Groups, has been named to the Midwest Real Estate News Commercial Real Estate Hall of Fame for 2015. Each year, Midwest Real Estate News highlights a select group of real estate professionals who go well...

“Sound off: Local attorneys share their opinions” Cincinnati Business Courier “Who’s Who in Greater Cincinnati Law” September 25, 2015

Ulmer & Berne LLP is pleased to name Mary Forbes Lovett chair of the firm’s nationally recognized Real Estate Practice. Ms. Lovett, a partner in the firm’s Cleveland office, represents developers, nonprofit organizations, lenders, and investors in a wide variety of urban development projects utilizing federal and state historic, low...

Representative Experience

  • Served as one of two outside counsel handling nationwide big-box leasing transactions for a publicly traded office supply retailer. During this two-year period, the firm has handled in excess of 175 lease transactions on a per store fixed-fee basis with guaranteed turnaround times. This is only one of several national retailers for whom we provide nationwide leasing services. Others include a publicly traded fashion and craft retailer and one of the world’s largest chains of quick service restaurants.
  • Serves as general counsel to a fund formed to acquire sites and develop as shopping centers.
  • Serves as leasing and general counsel for a chain of Irish pubs located throughout the Midwest.
  • Serves as leasing counsel to a national superstore retailer of fabrics and crafts.
  • Represented a partnership, the seller, in the sale of a local shopping center.
  • Represented several national developers in the sale and disposition of five retail shopping centers with an aggregate value of more than $20 million.
  • Managed a three-part transaction on behalf of multiple parties where the buyer acquired a shopping center in North Olmsted, Ohio, and then completed a like-kind exchange of a half interest in the shopping center for a commercial building in Mentor, Ohio.
  • Represented the purchaser of a grocery store-anchored shopping center in Page, Arizona, in the purchase and debt financing of the shopping center.
  • Represented the lender in the $9 million refinancing of a Cleveland area shopping mall.
  • Represented the borrower in the closing of a $3.25 million non-recourse mortgage loan for a shopping center.
  • Represented a national real estate lender with several real estate and construction financing transactions, including shopping center properties and condominium conversions.
  • Represented the owner of a shopping center in Canton, Ohio, in a $3.5 million refinancing and construction loan with a major Cleveland-based financial institution.
  • Represented the owner of a strip center in Cincinnati, Ohio, in a $7,050,000 construction loan to finance the renovation and expansion of the strip center and in the lease of out parcels to national restaurant chains.
  • Structured the sale of a 66,000 square-foot shopping center in Canton, Ohio, as a tax-deferred, Section 1031 like-kind exchange.
  • Representing the landlord in the leasing of Bayshore Town Center, a regional Wisconsin shopping mall that has been converted to a town center format.
  • Representing a landlord in the acquisition, development and leasing of The Greene, a 65-acre Beavercreek, Ohio, town center format shopping center with adjacent movie theater.
  • Served as leasing counsel to a national office supply superstore retailer in its national expansion program.
  • Representing the landlord in leases with the following national chains:

Advance Auto

Blockbuster Inc.

Captain D’s

Chipotle Mexican Grill, Inc.

Hollywood Video

Nextel

O’Charley’s, Inc.

Panera Bread

PNC Bank, N.A.

Regis Salons

Starbucks Corporation

The Sherwin Williams Company

Verizon Wireless

  • Representing the buyer in the purchase of six strip centers located in Georgia, North Carolina and South Carolina; the acquisition of the centers was done by tenants in common to facilitate Section 1031 exchanges.
  • Represented the landlord in the leasing of retail and restaurant space at Easton Town Center in Columbus, Ohio.
  • Represented the landlord in the leasing of retail and restaurant space at Newport on the Levee Shopping Center in Newport, Kentucky.
  • Represented the landlord in the leasing of retail and restaurant space at Zona Rosa Shopping Center in Kansas City, Missouri.
  • Represented the landlord in the leasing of retail and restaurant space at Peninsula Town Center in Hampton, Virginia.
  • Represented the landlord in the leasing of retail and restaurant space at Centro Ybor Shopping Center in Tampa, Florida.