Paul S. Magy

Member

pmagy@clarkhill.com

Birmingham
+1 248.988.5844

fax +1 248.988.2332

Paul S. Magy represents owners, managers, tenants and real estate professionals in transactional and litigation matters involving every aspect of commercial real estate and has for nearly 40 years. His mantra emphasizes understanding each client’s business and developing cost effective, creative solutions to vexing problems.

Paul was Chair of the International Council of Shopping Centers (ICSC) Legal Advisory Council, is a Past Michigan State Director, is Chair for Michigan ICSC Continuing Real Estate Education and was awarded ICSC’s Trustees Distinguished Service Award. He is a past president of the Building Owners and Managers Association of Metro Detroit. Paul is a Life Member of the Judicial Conference of the U. S. Court of Appeals and is a frequent presenter at real estate conferences and is a frequent presenter at real estate law conferences.

Paul’s extensive commercial real estate experience includes acquisition, development, finance, zoning, leasing and sale of commercial real estate, in addition to litigation related to those areas, including receiverships, distressed assets and retailer bankruptcy. Paul also has a substantial amount of experience representing all forms of commercial property owners, developers, property managers and brokers.

He has counseled clients on successful developments, redevelopments, renovations, “de-mallings” and related tenant relocations and adaptive re-use. Paul acts as outside general counsel for a number of clients and is frequently consulted on matters of lease interpretation in order to develop specific strategies to avoid or resolve lease disputes, is engaged to negotiate resolution or to litigate them if necessary.

Paul’s landlord/tenant litigation experience includes disputes related to such matters as cotenancy requirements, exclusives, bankruptcy, no build zones, radius restrictions, construction issues, lease assignments, union labor related issues, zoning and the like. Paul is often relied upon by his clients to assist in CAM audit disputes. A sample of Paul’s recent litigation cases includes pandemic force majeure issues, Americans with Disabilities Act compliance, enforcing operating covenants, arbitration over tenant’s exclusive rights, recapture rights, and a rescission case alleging leasing agent fraud. Paul has litigated cases in state, federal and bankruptcy courts and in various state and federal courts of appeal.

Paul has been actively involved as an officer, trustee or director of a number of educational, religious and charitable institutions, and he has presented or facilitated at seminars and programs on topics related to leadership development, programming and fundraising.

Industries

Practice Areas

Education

J.D., Wayne State University Law School, Detroit, Michigan, 1982

B.A., with Honors, Wayne State University, Detroit, Michigan, 1979

Recognitions

Named 2024 Top Lawyer by DBusiness

Named a Leading Lawyer in Birmingham by Leading Lawyers℠ (2014-2025)

Named among The Best Lawyers in America® for Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law by Best Lawyers (2011-2026)

Named among The Best Lawyers in America® for Real Estate Law (2011-2026)

AV Preeminent, Martindale-Hubbell (2009-2021)

Trustees Distinguished Service Award ICSC (2012)

Top Attorneys in Michigan by American Registry

dBusiness Top Lawyer, dBusiness magazine

Selected to the Michigan Super Lawyers list for

Real Estate (2021)

Memberships

State Bar of Michigan

Michigan State Bar Foundation

Life Member of the Judicial Conference of the United States Court of Appeals for the Sixth Circuit

Chair of Michigan ICSC’s Continuing Education Program for Real Estate Professionals (2007-2023)

ICSC National Legal Advisory Council, Past Chair and Current Member

ICSC National Economics Committee

ICSC Legal Forum, Steering Committee Member

BOMA Metro Detroit Government Affairs Committee

ICSC Michigan Government Affairs Committee

ICSC Economics Committee

Past President, Building Owners and Managers Association of Metropolitan Detroit

Past Michigan State Director International Council of Shopping Centers

Past President of Adat Shalom Synagogue (2004-2006)

Past Chair of the Board of Advisors of the Rabbinical School of Jewish Theological Seminary of America, New York, N.Y.

State Bar Licenses

Michigan, Ohio

Speaking Engagements:

Speaker –“Fair Housing” Law and Commercial Property for Michigan’s Commercial Real Estate Professionals, ICSC + CONTINUING EDUCATION MICHIGAN, September 2024
Speaker – “Complex Issues in Redeveloping Shopping Centers and Retail Real Estate,” ICSC + LEGAL FORUM, Quarterly Webinar, March 2024
Presenter, Bankruptcy: Discover How to Navigate Retailer Bankruptcies and Their Impact on Your Portfolio and Learn Leasing Strategies, ICSC@CENTRAL, Chicago, IL, October, 2023
Speaker – “The Challenges of Negotiating Small Tenant Leases,” 2023 ICSC + LEGAL FORUM, Quarterly Webinar
Speaker — “Best Practices for Getting Paid for Services Provided,” ICSC+CONTINUING EDUCATION MICHIGAN, 2023 Novi, Michigan
Speaker – “CAM Caps in the Age of Escalating Costs,” 2023 ICSC + LEGAL FORUM, Quarterly Webinar
Speaker – “Landlords waiving the right to audit tenant sales; Reimbursable operating expense caps; Tenants asking for pre-negotiated rent reductions; Early termination rights,” 2022 ICSC + LEGAL FORUM, Quarterly Webinar
Speaker — “Cannabis Retailing and Retail Real Estate,” ICSC 2022 Ohio, Kentucky, Indiana, Michigan and Pennsylvania Retail Development and Law Symposium, Columbus, Ohio
Speaker – “Densifying Marketplaces with Non-Traditional Uses,” 2022 ICSC + LEGAL FORUM, Quarterly Webinar
Speaker – “Detailed Exclusives; Ghost Kitchens; Co-Tenancy; General Use Restrictions; Overlapping Uses and Exclusives,” 2022 ICSC + LEGAL FORUM, Quarterly Webinar
Speaker – “Managing Retail Properties in the Age of Escalating Costs,” 2022 ICSC + LEGAL FORUM, Quarterly Webinar
Speaker – “Landlords waiving the right to audit tenant sales; Reimbursable operating expense caps; Tenants asking for pre-negotiated rent reductions; Early termination rights,” 2022 ICSC + LEGAL FORUM, Quarterly Webinar
Speaker — “Emerging Trends in Bankruptcies Affecting Retail Real Estate,” ICSC 2021 Ohio, Kentucky, Indiana, Michigan and Pennsylvania Retail Development and Law Symposium, Columbus, Ohio
Speaker — Whose Default Is It Anyway? Rights and Remedies in Changing Times, ICSC 2021 U.S. Shopping Center Law Conference, San Francisco, California
Speaker — “Letters of Intent for Commercial Leases: Keys to Drafting/Negotiating Favorable Terms” 2022 BOMA Mega Education Program, Detroit, Michigan
Speaker — “If My Crystal Ball Had Been Clearer: What You Need to Know to Make Your Deals Stand the Test of Time….2021 BOMA Mega Education Program, Detroit, Michigan
Speaker — Matching Real Estate Trends with Lease Rights and Remedies: Navigating the Unexpected, Thomson Reuters Trends in Commercial Real Estate Series 2021
Speaker — “That Was Not What the Parties Intended” and Other Phrases Nobody Wants to Hear: Drafting to Avoid (Win) Litigation, ICSC 2020 Ohio, Kentucky, Indiana, Michigan and Pennsylvania Retail Development and Law Symposium, Columbus, Ohio
Speaker — No Such Thing as Boilerplate: Provisions in Leases and Other Contracts You Really Should Not Ignore, 2020 BOMA Mega Education Program, Detroit, Michigan
Speaker — Litigation: Is it Implied in Your Lease, ICSC 2020 U.S. Shopping Center Law Conference, Orlando, Florida
Speaker — Setting the Table with Boilerplate: Negotiating Standard Provisions and Present the Hostess from Getting Away with the Mostest, ICSC 2019 U.S. Shopping Center Law Conference, San Diego, California
Speaker — Interactive Mock Commercial Lease Negotiation—Key Points, 2019 BOMA Mega Education Program, Detroit, Michigan
Speaker — Remedies, Recoverable Damages and Creative Solutions: What You Want vs. What You Need vs. What You Can Get, ICSC 2018 U.S. Shopping Center Law Conference, Orlando, Florida
Speaker — Interactive Mock Real Estate Purchase Agreement Negotiation—Key Points, 2018 BOMA Mega Education Program, Detroit, Michigan
Speaker —The Dynamic World of Retail Anchor and Box Sizing, Issues, Challenges and Opportunities in Shrinking and “Right-Sizing” Retail Premises, ICSC 2017 Ohio, Kentucky, Indiana, Michigan and Pennsylvania Retail Development and Law Symposium, Columbus, Ohio
Speaker — Anatomy of a Lease on Trial, ICSC 2017 U.S. Shopping Center Law Conference, San Antonio, Texas
Speaker — Defaults and Remedies: Landlord-Tenant Update, Michigan Institute of Continuing Legal Education 2016
Speaker — “When You Least Expect It, You Should Have Planned For It Anyway: Lease Defaults and Remedies,” ICSC US Shopping Center Law Conference, Phoenix, AZ; 2015
Speaker — “Lease Defaults and Remedies: Is the Answer in the Lease or Is It Pistols at Dawn,” ICSC 2014 U.S. Shopping Center Law Conference, Orlando, FL; 2014
Speaker — “Lease Defaults and Remedies” ICSC 2014 Midwest Regional Retail Development and Law Symposium, Columbus, Ohio; 2014
Panelist — “Non-Recourse Carve Outs, ‘Bad-Boy’ Guaranties and Personal Liability Revisited — What Was I Thinking When I Signed That?, “International Council of Shopping Centers; 2012
Speaker — “An Interactive Approach to Tenant Concessions in a Tenant-Driven Market,” Building Owners and Managers Association of Metro Detroit; 2012
Speaker — “How ‘Non-Recourse’ is Your ‘Non-Recourse’ CMBS Loan? Reasons to be Paranoid,” International Council of Shopping Centers; 2011
Moderator — “Tenants in Trouble — Landlords Too: Alternatives for Landlords and Tenants to Consider,” International Council of Shopping Centers; 2010
Presenter — “Acquisition, Bankruptcy and Tax Considerations in Distressed Asset Purchases,” American Bar Association; 2010
Presenter — “The Nuts and Bolts of Retail Leasing: Bankruptcy and Insolvency,” American Bar Association, Real Estate Section, Retail Leasing Committee; 2010
Co-Chair and Speaker — “Not Your Grandmother’s Bankruptcy: Innovation, Changes and Trends — What Do I Do Now?, “International Council of Shopping Centers; 2009
Speaker —”Doing Business in 2010 and Beyond — Maintaining Tenants Through Rent Reduction & Managing a Tenant Bankruptcy,” Michigan International Council of Shopping Centers; 2009
Speaker —”Hot Topics in Commercial Leasing,” Building Owners and Managers Association; 2007
Speaker — “Implications of Patriot Act and Anti-Terrorism Legislation and Regulation in Commercial Leases,” International Council of Shopping Centers; 2006
Speaker —”Landlord Tenant Law in Michigan: When the Tenant Files Bankruptcy,” Sterling Education Systems; 2005
Speaker —”Real Property Rights Under Assault The Latest Bankruptcy Concerns for Landlords, Tenants and Lenders;” 2004

Articles:

Leasing Commercial Office Space for a Business Requires Planning