Danielle C. Lesser, Edward P. Gilbert and Brett Dockwell Author Article on the Enforcement of Continuous Operations Provision in Retail Leases in Simon Property Group v. Starbucks
April 6, 2018 –Morrison Cohen Partners Danielle C. Lesser, Edward P. Gilbert and Brett Dockwell authored the article “When Mall Stores Move to Close, Simon Says Sue You,” that appeared in Real Estate Weekly on April 4, 2018.
Danielle Lesser, Ed Gilbert and Brett Dockwell successfully defended fashion retailer Kenneth Cole against Simon Property Group's efforts to enjoin Kenneth Cole from closing stores in its malls by seeking to enforce the continuous operations provision in its leases. The article examines the Kenneth Cole decision and others and compares this decision with Simon's recent victory against Starbucks in the same court. The article offers an analysis of the important differences between the Kenneth Cole and Starbucks decisions.
Click here for a pdf of the article.
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