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Shopping centers are not dying. The retail landscape is changing, however, and so too are shopping centers. Retail stores have been closing at a breakneck pace, and Wall Street seems to think the worst is yet to come. Investors are more negative on the retail industry than at any time since September 2008, according to Bespoke stats on the average percentage of shares of retailers being shorted.
The volume of store closings is challenging shopping center owners to evolve. Industry expert Michael Glimcher reportedly noted that the mall is becoming more about things to do than about things to buy. Shopping center owners have responded by finding creative uses for vacant spaces and ways to enhance the customer experience.
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The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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