Real Estate

$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.

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.

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.

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

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.

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.

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.

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.

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.

Led a litigation team to secure a $26 million jury verdict for client and developer in a protracted case brought by an adversarial homeowners’ association fighting to stop the development of a luxury condominium project in Aventura’s Dumfoundling Bay. The case won recognition as No. 7 in the “Top 10 Verdicts in Florida” in 2018.

Secured a spoliation of evidence order and “adverse inference” against any claim for liability at a jury trial in a $45 million claim against the property manager, termite company and other parties affiliated with a residential apartment complex near the University of Central Florida.

Managed and conducted foreclosure of commercial real estate located in Missouri which sold for over $6 million.

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