Co-Presenter: "The Fun and Games (Not!) of Shopping Center Use Restrictions: Sorting Out Exclusive, Prohibited, Obnoxious, and Downright Unattractive Use Restrictions," International Council of Shopping Center’s (ICSC) U.S. Shopping Center Law Conference, October 2018
Co-Author: "Tenant's Leasehold Rights at Risk," Retail Law Strategist, August 2004
Speaker: "CAM/Operating Expenses - Devil or Angel . . . So Whose Clause is it Anyway?"American College of Real Estate Lawyers 2004 Mid-Year Meeting
Co-Author: "Oops! Lease Renewals: When a Mistake Is Not a Mistake," Shopping Center Legal Update, Spring 2002
Co-Chair: 12th Annual Advanced Real Property Institute co-sponsored by The Maryland Institute for Continuing Professional Education of Lawyers and the Maryland State Bar Association Section of Real Property, Planning & Zoning, May 2001
Panelist: "Subleasing Workshop"; International Council of Shopping Centers Annual Law Conference, 2001
Panelist: "A Reasonable Landlord - The Latest Developments on Assignment Consents," Section of Real Property, Probate and Trust, American Bar Association, 2001 Annual Meeting
Co-Author: "Implied Duties In Leases - What Else Is There Now?" Shopping Center Legal Update, Winter 2000
Speaker: "Eastern Shore Markets, Inc. v. J.D. Associates Limited Partnership," Maryland State Bar Association Commercial Real Estate Lawyers Discussion Group, November 2000
Co-Chair: 11th Annual Advanced Real Property Institute co-sponsored by The Maryland Institute for Continuing Professional Education of Lawyers and the Maryland State Bar Association Section of Real Property, Planning & Zoning, April 2000
Panelist: "Development Issues," 11th Annual Advanced Real Property Institute, April, 2000
Panelist: "Operating Covenants," International Council of Shopping Centers Annual Law Conference, 2000
Co-Author: "Subletting and Assignment: An Introduction," The Commercial Property Lease, Volume III, 2000Co-Author: "Say What You Mean - And Also What You Don't Mean," Bar Bulletin: Maryland State Bar Association Newsletter; October 1999
Speaker: "Enforceability of Continuous Operations Covenants," International Council of Shopping Centers Annual Law Conference, October 1999
Speaker: "Enforceability Against Third Parties of Restrictive Covenants and Other Agreements in Unrecorded Leases," Maryland State Bar Association Annual Meeting, June 1999
Author: "Landlord's Lament: The Times Are Changing"; Shopping Center Business; December 1997
Co-Author: "Unforeseen Issues: Restraints on Redevelopment in Existing Leases and REAs," The ICSC Guide to Renovating and Expanding Shopping Centers - The Smart Way; 1996
Lecturer: "Commercial Leasing in Maryland," National Business Institute, 1990-1991
Evening Instructor: Principles and Practices of Real Estate, Essex Community College, 1978-1984
ARTICLES
April 10, 2020
As a result of the novel and rapidly progressing COVID-19 pandemic, federal, state, and local governments are issuing proclamations, states of emergency, and orders restricting the assembly and movement of people. Many states have closed schools, issued “stay-at-home” orders, and mandated that all non-essential businesses close in an effort to slow the spread of COVID-19. The unprecedented economic fallout is being felt globally, as well as locally in Maryland.
February 22, 2012
What does your lease provide with respect to a tenant holding over after the end of the term? Does it clearly define what constitutes a “holding over?” In the recent case of Carroll Indep. Fuel Co. v. Washington Real Estate Investment Trust, the Maryland appellate court addressed the contours of a tenant holding over in ways that may be different from what a landlord would expect. Perhaps both landlords and tenants need to take a closer look at a clause that is not frequently heavily negotiated, but which also may be interpreted by courts in ways that the parties did not anticipate.
September 5, 2006
August 30, 2006
In a landlord-tenant relationship, when should a tenant be concerned about its liability if its negligence, or the negligence of its employees, causes great damage to the leased premises or to the remainder of the shopping center? Does existing law offer protection to unwary tenants? An insurer may have the right to sue the tenant if its policy contains a subrogation provision. Subrogation is the substitution of one person for another, giving the substitute the same legal rights as the original party. For example, an insurance company usually has a right of subrogation to sue anyone whom the person it compensated had a right to sue. Where real property is damaged and an insurer invokes a subrogation action, it stands in the shoes of the insured to recover against the third party that caused damage to the insured's property. As a result, without appropriate lease language, a tenant may be liable for the total cost to rebuild a shopping center.
December 17, 2003
In a recent case, Circuit City Stores, Inc. v. Rockville Pike Joint Venture Limited Partnership, the Court of Appeals of Maryland clarified Maryland law relating to a commercial landlord's duty to mitigate damages following a default by a tenant.
Under common law real property principles applicable to leases, a commercial landlord did not have any duty to undertake any efforts to mitigate damages, absent an agreement in the lease to the contrary. Under a contract, however, the common law imposed a duty to mitigate damages on the parties in the event of a breach by one of them.
