David J. Rabinowitz. (212) Fax: (212) Third Avenue 18th Floor New York, NY 10022

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1 David J. Rabinowitz (212) Fax: (212) New York 885 Third Avenue 18th Floor New York, NY image Practices/Industries Real Estate Retail, Restaurant & Consumer Leasing Green Business Development/Land Use Condominium Retailers Entering the US Corporate Real Estate Education Washington College of Law, American University, J.D., 1983 Rutgers College, B.A., 1979, with Distinction, Phi Beta Kappa Admissions New York Overview Commercial real estate transactions (retail, office, industrial and mixed-use) that involve properties located in New York City and throughout the country, including acquisitions and dispositions (oneoff and portfolio transactions), commercial development, leasing and finance are the foundation of David Rabinowitz's extensive experience. David also focuses on representing non-u.s. retailers in connection with their expansion into the U.S. Chambers USA reports that David is New York retail's "key contact." David, a Director in our Real Estate group, brings thirty years of experience to his practice and clients. David also has widespread experience in the area of retail law, including the acquisition, sale and leasing of retail and mixed-use properties, lease restructurings, condominium developments (retail and mixed-use), acquiring and selling real estate assets (fee estates and leasehold interests in retail properties) in connection with bankruptcy proceedings, and counseling clients on lease issues (such as exclusives, radius restrictions, assignment/subletting and going dark ) in anticipation of and during a lease dispute. His retail clients include some of the nation's largest big box retailers and shopping center developers. David is a Co-Chair of the firm's Retail, Restaurant & Consumer industry group, and is a member of the firm's Executive Committee. Representative Experience International retailer in connection with the acquisition and ground lease of property in the Northeast and Mid-Atlantic regions, including multiple leases in New York City for stores in excess of 100,000 square feet in to-be-built vertical development projects, and the acquisition of 85 acres of land for the development of a 300,000 square foot distribution facility in Maryland. New Jersey-based shopping center owner in connection with the leasing of its shopping centers in New Jersey, New York and

2 New Jersey District of Columbia Virginia. Big box retailer in lease transactions across the country. New York-based shopping center in connection with the leasing of its shopping centers in New York and New Jersey. Domestic merchandise retailer in connection with certain of its lease transactions across the country, including in New York and the surrounding area. Regional property owner/manager in connection with the development of property on Long Island and the leasing of its shopping centers. Real estate development and acquisition company in connection with the acquisition, leasing and sale of real estate development projects in the Northeast. Real estate developer in connection with the acquisition of 16 malls located in the Southeast. Private real estate investment company in connection with the bankruptcy of a large retailer. National retailer in connection with the restructuring of certain of its leases throughout the country. Private real estate investment company in connection with a restaurant lease in a building located in New York City. Retail dessert cafe in connection with its first restaurant in Manhattan. Professional and Community Involvement Member, U.S. Law Conference Program Committee, International Council of Shopping Centers (ICSC) Member, American College of Real Estate Lawyers (ACREL) Member, Urban Land Institute Member, Real Estate Board of New York Awards and Recognition Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of real estate law Martindale Hubbell Peer Review Rated AV Preeminent TM New York Metro Super Lawyers, ,

3 Named by The Best Lawyers in America in the area of real estate law Best Lawyers in America, Speaking Engagements "Negotiating Strategies for a Big Box Lease Thinking Inside the Box, New York State Bar, Real Property Law Section Summer Meeting, Vergennes, Vermont, July 2015 "Investment/Acquisition/Development Outlook," Moderator, Bisnow 5th Annual NYC Retail Summit, May 2015 "This Land is Your Land: Tips from the Experts for Expanding Retail into the USA," Moderator, MAPIC International Retail Property Conference, Cannes, France, November 2014 "Recent Developments: What Have the Courts Been Doing this Past Year?," ICSC US Shopping Center Law Conference, October 2014 "Development Outlook," Moderator, Bisnow 4th Annual NYC Retail Summit, April 2014 "North American Retail Real Estate: Successful Recession Survival Strategies," Moderator, MAPIC 2013 International Retail Property Conference, Cannes, France, November 2013 "The Art and Science of Updating REAs: Using a Scalpel Instead of a Sword," ICSC US Shopping Center Law Conference, October 2013 "National Owner/Investor Outlook," Moderator, Bisnow 3rd Annual NYC Retail Summit, April 2013 "National Outlook," Moderator, Bisnow 2nd Annual NY Retail Real Estate Summit, June 2012 "Lease Restructurings: Lessons Learned," ICSC US Shopping Center Law Conference, October 2010 "Leasing for Non-Leasing Professionals," Presented Course at ICSC's Headquarters in NY, September 2010 Strategies To Consider In Restructuring Retail Leases," Presented Seminar to the ACREL Leasing Committee, December 2009 The Dirt on Ground Leases, CLE sponsored by the Association of the Bar of New York City, November 2009 "Tenants in Trouble/Alternatives for Landlords and Tenants to Consider," ICSC US Shopping Center Law Conference, October

4 2009 "Retail Tenants in Trouble: Legal Issues and Options," CLE Panelist, sponsored by the American Bar Association Section of Real Property, Trust and Estate Law, September 2009 Unique Legal Issues and Retailer Issues Presented by Mixed-Use Developments, Conference on Mixed-Use Development, November 2008 The Dirt on Ground Leases, CLE sponsored by the Association of the Bar of New York City, May 2008 Ten Things You Must Know About Big Box Leasing Thinking Inside the Box, Seminar at the International Council of Shopping Centers 2008 United State Shopping Center Law Conference, Hollywood, Florida Unique Issues Presented by Lifestyle Centers, General Session at the International Council of Shopping Centers 2007 United States Shopping Center Law Conference, San Diego, California Press Releases Seven Goulston & Storrs Attorneys Named 2015 New York Metro Super Lawyers and Rising Stars, September 2015 Boston Land Use and Zoning Law "Lawyer of the Year" Matthew J. Kiefer Among 42 Goulston & Storrs Lawyers Recognized by Best Lawyers for 2016, August 2015 Goulston & Storrs Richard Zielinski Named 2015 Best Lawyers Lawyer of the Year in Legal Malpractice Law and Michael Robinson Named Lawyer of the Year in Real Estate, August 2014 Goulston & Storrs Lands Three on 2013 New York Super Lawyers List, September 2013 Goulston & Storrs Nabs 34 Lawyers, 2 Lawyer of the Year Recognitions in 2014 Best Lawyers Rankings, August Goulston & Storrs Attorneys Named to 2013 Edition of Best Lawyers, September 2012 Goulston & Storrs Attorneys Named to 2012 Edition of Best Lawyers, September 2011 Goulston & Storrs Attorneys Named in 2010 Best Lawyers, July 30, 2009 Chambers USA Ranks Goulston & Storrs in Leading Practice Areas: 22 individual attorneys receive recognition, June 2009 Goulston & Storrs expands New York office with the arrival of

5 David Rabinowitz, May 2009 Advisories FDA Finalizes Chain Restaurant Menu Labeling Rules, February 2015 NLRB Claims McDonalds Is Joint Employer of Franchisee Employees, December 2014 New York City Adopts New Operational Mandates for Existing Buildings, December 2009 Green Building Incentives in New York, New Jersey and Connecticut, October 2009 So You Thought the Lease had an Option to Renew Think Again., September 2009 New Jersey Economic Stimulus Act of 2009 Funding for Development Projects, August 2009 Blogs To Brexit or Not to Brexit? Our Observations on UK Retail, June 2016 Happy New Year!, December 2015 ICSC 2015 National Deal Making Bigger, Better And Back At The Javits Center, December 2015 Report from MAPIC 2015: US Expansion Still Hot Topic, December 2015 Let Freedom Ring!, July 2015 Retailing and Technology: Once an Afterthought, Now a Brave New World, January 2015 The Evolution of the Shopping Experience: Heard at ICSC Dealmaking 2014, December 2014 Sharing The Art and Science of Updating REAs, July 2014 ICSC RECon Global Retail Conference Recap, June 2014 NYC Retail: Alive and Thriving!, May 2014 Fast Forward: Anticipation Grows as ICSC RECon Global Conference Approaches, April 2014 A Glimpse into ICSC s Annual Conference in New York, December 2013

6 Report from MAPIC: Will North American Operational Partnerships Be the Key to Growth for European Retailers?, November 2013 Tuning into the Buzz at RECon: The Global Retail Real Estate Convention, June 2013 Big-Box Retailers Provide Alternative Forms of Access to Financial Services, February 2013 MAPIC: Bringing Together International Retail and Real Estate, November 2012 RECon 2012: Tempered Enthusiasm for Continued Recovery and Growth, June 2012 Publications / Mentions "The Art and Science of Updating REAs," Probate and Property, July 2014 "The Americas: Local Heroes," MAPIC Preview Magazine, October 2013 "Retail/Restaurant Leasing In New York City," Shopping Center Business, May 2012 "High Prices for High Volume," Shopping Center Business, December 2011 Eyes Wide Open: How to avoid surprises when buying a shopping center, May 2011 "Tourism Boosts New York Retail," Shopping Center Business, December 2010 "Lease Amendments And Guaranties: A Trap For The Unwary," Shopping Center Business, May 2010 "Troubled Tenancies: Strategies for Landlords and Tenants in Restructuring Retail Leases," Shopping Center Business, January 2010 "An Adapting Market: Realities Are Changing, But New York Is Still A Strong Market For Retail Deals", Shopping Center Business, November 2009 How Long Will the Fallout from the Financial Crisis Last? STORIES Magazine, November 2008 Is Your Roof Green? Renewable Energy Strategies for Building Owners to Consider, Shopping Center Business, October 2008 Urban Lifestyle Centers: Challenges and Solutions for a Growing Trend, Shopping Center Business, May 2008

7 Is Your Roof Green? Strategies a Retailer Can Use in Order to Install Solar Panels on Its Roof? New York Real Estate Journal, April 2008 Innovations in Lifestyle Centers: Meeting the Development and Leasing Challenges, New York Real Estate Journal, January 2008 Seminars / Events Goulston & Storrs to Participate at MAPIC 2012