Real Estate, Development, Construction

Acted on all aspects in the development of a multi-let retail park in Bath, from initial construction funding, carrying out relevant site assembly matters including negotiating release of restrictive covenants with international supermarket chain, and eventual letting of multiple units to various blue chip national retailers/leisure operators.

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.

Advised a leading luxury retailer on various boutique investment purchases, as well as the family’s personal portfolio work.

Advised client on lease completion for part of New Bond Street (London) to an American fashion company (annual rent circa £12 million).

Advised on all aspects from environmental, to planning to construction, build and disposal in addition to substantial leases.

Advised clients on joint venture agreements in relation to conditional purchase agreement and joint construction obligations to build out the developments.

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

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.

Served as purchaser's and lender's counsel with respect to a $17.6 million credit facility related to the acquisition and development of a 212-unit low-income housing tax credit project located in North Carolina.

Advised housing management client on the tax implications related to the sale of partnership interests and cancellation of indebtedness income, which included analyzing the tax consequences of transaction structures and financing classifications to avoid negative income tax consequences to the partners.

Assisted a client with the formation of a qualified opportunity fund and a qualified opportunity zone business, including drafting all fund offering documents for a $4 million capital raise to fund a hotel development.

Served as borrower's counsel on a $46 million real estate loan secured by a 312-unit multifamily residential development.

Defended company who performed $28 million environmental cleanup of PCBs, asbestos and TCE at Superfund site, formerly used for automotive manufacturing, under Administrative Settlement Agreement and Order on Consent. The site is located in a residential area and will be transformed into a recreational facility.