January 6, 2017 News

Morrison Cohen Wins Major Lease Decision for Kenneth Cole

January 6, 2017 - In a decision that will have implications for retailers nationwide, Morrison Cohen, representing Kenneth Cole, defeated shopping mall titan Simon Property Group, L.P. (“Simon”) in Indiana state court, Simon's home forum, in Simon's bid to force Kenneth Cole to keep its outlet stores in Simon malls open. Through its injunction action, Simon pressed the commonly negotiated "continuous operations” provisions in the 43 Kenneth Cole outlet store leases for the Kenneth Cole outlet stores across 19 states. In August 2016, Kenneth Cole made the business decision to close its outlet stores. Simon’s lawsuit sought to enjoin Kenneth Cole from following through with its business decision and, had Simon been successful, an injunction would force Kenneth Cole outlet stores to remain open. Following an emergency multi-day evidentiary hearing, the Court denied Simon’s motion and instead held that Kenneth Cole may proceed with its plans to wind down its outlet division. Litigators Danielle C. Lesser, Edward P. Gilbert, Brett D. Dockwell, Valerie Sirota and Andrew P. Merten represented Kenneth Cole in the Indiana action.