Real Estate, Development, Construction

Completed a two-phase renegotiation of nearly 1,000 retail leases across the United States and Canada for a men’s retail clothing client in connection with COVID-19 impacts and the client’s emergence from Chapter 11 bankruptcy proceedings. In the first phase, we negotiated rent deferral agreements for nearly 400 retail locations in connection with the impact of COVID-19 and related government-mandated closures on the client’s operations; and assisted with nearly two dozen litigation matters relating to closures in several states. In the second phase, following the client’s declaration of Chapter 11 bankruptcy, we renegotiated nearly 850 retail leases assumed by the client in connection with the bankruptcy proceedings, successfully finalizing and obtaining full execution of nearly 99% of renegotiated leases submitted for legal review, nearly three times the success rate the client had originally anticipated.

Served as counsel for a California commercial construction company against its insurer for alleged failure to implement reasonable cybersecurity safeguards.

Served as lead adviser to the shareholders of a construction materials manufacturer on its sale to a Swiss multinational chemical company.

Lead debtor’s counsel to real estate company in Chapter 11 proceeding.

Represented the design joint venture in defense of claims from the $4 billion redevelopment of LaGuardia Airport Central Terminal B in New York City, the largest public-private partnership (P3) undertaken in the United States.

Served as lead trial counsel in numerous jury and bench trials in the state and federal courts in Kansas and Missouri. Successfully argued numerous cases in the Kansas and Missouri appellate courts, and before the Eighth and Tenth Circuit Courts of Appeal. Cases have involved construction defects, architect and accountant liability, title insurance and bad faith, and creditors’ rights claims.

Supervised and managed over 4,000 non-judicial foreclosures in Missouri for successor trustee under deeds of trust regarding residential and commercial properties.

Served as lead trial counsel to surety in successful litigation finding that surety was not liable due to general contractor’s failure to properly declare default and trigger bond obligations.

Served as real estate counsel in approximately $10 million acquisition of mining operations and associated real estate in southwest Missouri, including negotiation of the purchase and sale agreement; drafting and negotiation of several new easement agreements for cross access, utilities and rights of way; negotiation of new mineral leases; and extensive title and survey review of approximately 880 fee-owned acres and approximately 1,000 leased acres of real estate.

Assisted a client in creating two new commercial condominium units in Maplewood, Missouri, including site evaluation, management of related legal issues, and negotiation with the Missouri Department of Transportation regarding their use of common ground for state highway expansion.

Evaluated site options and conducted due diligence on behalf of a rehabilitation company in advance of a deal for future development.

Served as local counsel to a national REIT in the purchase of a retail center in Illinois. Drafted local opinion letters and handled due diligence.

Served as lender's counsel for a $9.6 million equity bridge loan related to the development of a 236-unit low-income housing tax credit project in Detroit, Michigan.

Conducted extensive diligence of title, survey, environmental and property condition issues for a national manufacturing client with respect to a 200,000-square-foot industrial/office facility in Illinois and a 50,000-square-foot industrial/office facility in Tennessee. This included drafting, negotiating and closing acquisition of land and facility; and negotiating, drafting and closing sale and leaseback of land and facility to a national private equity firm.