Experience

Representation of National Chain Tenants

Represented tenants of national chains (drug, financial and fast food), insurance companies, petroleum and manufacturing companies on a national basis.

Representation of World’s Largest Mall Owner on Construction, Real Estate Issues

Represented the largest mall owner in the world on various construction and tenant issues.

$55 Million Sale of Advertising Company

$55 million sale of advertising company to public company. The asset sale transaction involved the sale of rights in over 400 locations in four states, the transfer of over 1,000 advertising contracts, and the sale of two commercial buildings. The team helped the client navigate various corporate governance issues and achieve its goal of selling the business.

Borrower’s Counsel on $46 Million Real Estate Loan

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

Contract Negotiations for Architectural Firm

Represented a global architectural and design firm in contract negotiations as part of a multi-year renovation of a national thoroughbred horse racing park. The client requested several contract revisions subsequent to the bidding process, which were successfully negotiated.

Acquisition of Transmission Line Easements for Energy Client

Assisted client in securing transmission line easements by negotiation and condemnation.

45,000-Square-Foot Lease Negotiation for Real Estate Company

Represented a national real estate owner and management company in the complex lease negotiation for nearly 45,000 square feet of commercial office space in suburban St. Louis for a professional services company providing technology services to the federal government.

$55.4 Million Golf Course Sale

Represented the developer of a golf course in a five-year, $55.4 million sale, involving $31.7 million purchase of Bureau of Land Management reversionary patent and significant re-zoning by local government.

$15 Million Equipment and Real Property Acquisition

Represented the buyer in a $15 million equipment and real property acquisition.

Purchaser’s, Lender’s Counsel for $20.8 Million Credit Facility

Served as purchaser's and lender's counsel with respect to a $20.8 million credit facility related to the acquisition and development of a 216-unit low-income multifamily housing project located in South Carolina.

$10 Million Mining Operation, Real Estate Acquisition

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.

Property Acquisition, Construction Contracts, Public Incentives for 1 Million-Square-Foot Development

Represented a health care client in acquisition of property for a multi-building campus development in excess of 1 million square feet. Negotiated design and construction contracts for the project, as well as a public incentive package valued at more than $450 million.

Counsel to National Property Data Lender

Served as counsel for compliance and litigation defense to national public corporation in connection with real property.

Counsel to National Mortgage Servicer Defending Consumer Protection Claims and Affirming on Appeal Second Trial Judge’s Authority to Rule Conversely on Second Summary Judgment

Served as counsel to lender/servicer in defense of multi-count counterclaim for damages in context of foreclosure action, affirmed on appeal following differing decisions by original and successor trial judge.

Counsel to Land Engineer in Defense of Property Flooding Claims

Served as counsel to engineer in connection with damages claim for water runoff in development and appeal of writ of prohibition as to inverse condemnation claim.

Counsel for Multimillion-Dollar Commercial Real Estate Transaction

Served as borrower’s counsel issuing borrower’s opinion letters for several large commercial real estate transactions.

Trial Counsel on Breach of Contract Damages and Assignment of Contract, Affirmed on Appeal

Served as Plaintiff’s counsel and lead trial counsel on damages claim for breach of contract and/or negligence and rights on assignment. Matter affirmed on appeal, per curiam.

Counsel to Secured Creditor in Beer Distributorship Bankruptcy

Served as counsel to mortgage lender in Chapter 11 of Central Illinois closely held beer distributor.

Trade Secret, Cybersecurity Protection for Real Estate Technology Industry Client

Represented leading commercial real estate industry platform and cloud service provider in transactions and disputes including the protection of trade secrets and cybersecurity breaches.

Assignment of Interests in Limited Partnerships Owning 700+ Kansas Apartment Units

Assisted multiple general partner entities with the assignment of their interests in 38 limited partnerships that own approximately 700 multifamily apartment units located in the State of Kansas. The assignments included seeking approval and consent to the transfers from approximately 100 limited partners, the Kansas Housing Resources Corporation, the U.S. Department of Housing and Urban Development, and the U.S. Department of Agriculture - Rural Development.

Assignment of Interests in Limited Partnerships Owning 500+ Tennessee Apartment Units

Assisted multiple general partner entities with the assignment of their interests in approximately 20 limited partnerships that own 500+ multifamily apartments units located in the State of Tennessee. The assignments included seeking approval and consent to the transfers from approximately 100 limited partners.

Property Acquisitions, Disposals and Management

Advised a multinational conglomerate wholesaler on numerous property acquisitions, disposals and management, with cross-border elements.

Renegotiation of Nearly 1,000 Retail Leases for Men’s Clothing Retailer

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.

Acquisition of Central and Southeastern Missouri Beer Distribution Business

Represented a St. Louis beer distributor, one of the largest privately held companies in the region and one of the largest distributors of beer, wine, spirits and other non-beer products, in its purchase of a distributing company serving customers throughout central and southeastern Missouri. The acquisition adds to the client’s annual distribution volume and further expands its market share in the region.

Successfully Negotiated Public-Private Agreement for Renovations and Use of Athletic Facilities at a City Park

Represented municipality as City Solicitor in politically sensitive negotiations of public-private agreement to renovate prominent athletic facilities located in a municipal park. Revived moribund discussions and successfully negotiated a new agreement that was approved overwhelmingly by City Council and subsequently implemented.

Leveraged Bona Fide Lender Defense to Secure Summary Judgment for Client

Obtained summary judgment in the Missouri 23rd Judicial Circuit Court for a lender client regarding competing claims over property used as collateral for a loan, which was incorrectly identified in the deed. Used the bona fide lender defense to defeat plaintiff lender’s argument that the description of the collateral property on the deed was mistakenly swapped; and that the plaintiff lender’s failure to identify the correct property at its loan origination prevented the court from using its equitable powers to swap the collateral.

Defeated Motion to Cancel Notice of Pendency in $1.5 Million Dispute

Defeated a motion by property owner to cancel client’s notice of pendency on real property, on grounds that property owner was “alter ego” of parties who defaulted on the loans totaling $1,545,000.

Represented National Housebuilder in Strategic Development Acquisitions

Acted for a national housebuilder and in particular, its strategic land team, on several complex residential development acquisitions, including a £30 million conditional purchase involving issues relating to an existing sales overage, planning and title matters.

Represented Developer in Mixed-Use Regeneration Scheme

Acted for a developer on a major mixed-use regeneration scheme by way of a development sale agreement in conjunction with the adjoining landowner. The transaction involved complex matters relating to road realignment, decommissioning and affordable housing allocation.