Experience
Representation of Real Estate Developer in Suit Against Local Municipality
Represented a shopping center developer in a lawsuit against a local municipality for damages related to the municipality’s attempt to restrict consumer access to the shopping center's parking lot.
Appellate Victory Affirming Court-Ordered Removal of Illegal Billboard
The Illinois Appellate Court affirmed a summary judgment order we obtained, compelling the removal of an illegal billboard that stalled completion of a shopping center development.
Litigation Success Leads to Negotiated Victory for a National Hotel Operator
After substituting in as counsel for a commercial tenant in an eviction action, amended to add claims that the landlord and its affiliate had breached the lease's territorial-exclusivity covenant and sought discovery on the affiliate’s profits from the forbidden competition with our client. After the court ordered our opponents to provide the discovery, the landlord relented and entered into a 50-year lease that ceded operational control of the property to our client, reversing the landlord’s longstanding opposition to such terms.
Judgment for Commercial Real Estate Owner, Voiding Rejected Purchase Contract
Obtained a judgment order for a commercial real estate owner that held a property sales contract void under an attorney modification clause and dismissed the buyer-plaintiff’s claim with prejudice.
Representation of Advertiser in First Amendment Challenge
Represented a billboard advertiser in a First Amendment challenge to a zoning ordinance preventing off-premise advertising in a successful appeal before the U.S. Court of Appeals for the Sixth Circuit.
Dismissal of Claims and Favorable Settlements in Representation of Real Estate Investment Firm
Represented real estate investment firm in disputes against lessees and former executives and secured dismissal of claims and favorable settlements.
Obtained Summary Judgment on Consumer Fraud Claim for Mortgage Company
Obtained summary judgment on consumer fraud claim on behalf of mortgage company in dispute with former IT vendor and obtained favorable settlement.
Successful Defense of Real Estate Developer at Federal Jury Trial and on Appeal
Represented real estate developer in several mechanic’s lien suits and federal jury trial alleging breach of contract and violation of Illinois statutes concerning securities, consumer fraud, and condominiums. Obtained early dismissal of securities claim and part of a team that secured jury and bench trial verdicts entirely in client’s favor. Successfully defended challenged rulings on appeal to the Seventh Circuit.
Sizeable Judgment for Real Estate Client in Dispute
Represented real estate client in dispute with tenant and surety, and secured a sizeable judgment on the pleadings.
Acquisition of Transmission Line Easements for Energy Client
Assisted client in securing electrical power transmission line easements by negotiation and condemnation. Despite having an original list of 80 parcels of land, the team settled the majority on a compressed timeline and went to hearing on just four parcels, all of which were ultimately resolved in our client’s favor.
Multimillion-Dollar Judgment for Commercial Landlord
Secured an $8+ million judgment for a commercial landlord against a surety on a bond posted to secure WeWork’s obligations as the tenant of a commercial building in Denver.
Defense of Developer, Personal Guarantor in Commercial Foreclosure Actions
Defended real estate developer and personal guarantor of loans in multiple commercial foreclosure actions.
Complete Victory for Defendant/Counterclaimant at Trial, Affirmed on Appeal
Defeated all claims against a building owner at trial and obtained a seven-figure judgment on the owner’s counterclaim against the contractor and its principals, including on veil-piercing theories and an award of attorney’s fees. The victory was affirmed on appeal.
Real Estate Investment Dispute for Minority Members
Assisted a group of minority members in multiple limited liability companies which were organized to facilitate real estate investments. The minority members were attempting to sell their interests to the majority member who was not negotiating in good faith. We drafted complaints alleging breach of fiduciary duty, among other things, which persuaded the majority member to purchase the minority members’ interests. The complaints never had to be filed.
Landlord-Tenant Dispute for National Hotel Operator
Successfully represented a national hotel operator in a lease dispute with its landlord at a downtown Chicago property. The client’s primary goal was not to recover monetary damages, but rather to substantially extend the lease term. After taking over the case from prior counsel, we amended the complaint to add claims that the landlord and its affiliate had breached a territorial exclusivity covenant in the lease. We then sought discovery on the affiliate’s profits from improperly competing with our client. After we obtained court orders requiring both defendants to comply with discovery, the landlord reversed its longstanding opposition to extending the lease and settled the case by entering into a 50-year lease.
Arbitration Award for Michigan Avenue Property Owner
Earned an arbitration award for the owner of a Michigan Avenue property, defeating the developer’s claim that it had substantially completed construction.
Judgment Against National Bank
Obtained summary judgment plus attorneys' fees against a national bank on behalf of the landlord in a commercial lease dispute.
Earned Arbitration Award for Michigan Avenue Property Owner
Earned an arbitration award for the owner of a Michigan Avenue property, defeating the developer’s claim that it had substantially completed construction.
Defeated Preliminary Injunction Regarding Restrictive Covenant
Defeated a preliminary injunction motion to enforce a restrictive covenant in a real estate contract.
Disputes Concerning Purchase of Unsold Co-op Shares
Represented major developer in a series of suits concerning the developer’s attempted purchase of a large block of unsold co-op shares worth over $200 million, the usurpation of that opportunity by an erstwhile joint venture partner, and a real estate broker’s subsequent attempts to collect a fee in connection with the transaction resulting in a net payment of millions of dollars to the developer.
Real Property Partnership Dispute
Represented four limited partnerships in derivative action alleging that four separate apartment complexes in Manhattan were sold to an insider for less than fair market value in breach of the general partners’ fiduciary duties, resulting in global settlement reimbursing limited partners for their losses.
$145.9 Million Sale of Office Building, Land
Represented the seller in the sale of a 1 million-plus-square-foot Class A office building in downtown St. Louis, Missouri, in a unique separate sale of the fee ($25.9 million) and the leasehold estate ($120 million).
Advised Medical Marijuana License Applicants on Real Estate Matters
Counseled applicants in connection with choosing proposed medical marijuana facility sites, advised and assisted clients with understanding and securing zoning and land use approvals, and assisted with the negotiation and preparation of purchase contracts and leases.
Multifamily Housing Development Involving Historic Tax Credits
Counseled client on a multifamily housing development in the city of St. Louis, involving historic tax credits.
Representation in $110 Million Receivership
Represented court-appointed receiver in $110 million receivership concerning interrelated real estate companies.
$23.4 Million Sale of Corporate Headquarters
Represented a retail menswear holding company in the sale of its former corporate headquarters in California for $23.4 million.
$9 Million in Sale-Leaseback Arrangements for Menswear Retailer
Represented a retail menswear holding company in the sale and leaseback of two retail locations, in Missouri and Michigan, and a distribution center in Florida, for a total of approximately $9 million.
Sale of 284-Acre Corporate Training Facility
Represented the seller, a global aerospace company, in the sale of its 284-acre corporate training site, including approximately 300,000 square feet of mixed-use space, to a not-for-profit Catholic media company for its corporate headquarters and graduate theology school.
Sale of 1.46-Million-Square-Foot Office Tower
Represented the buyer, a real estate investment, development and management company, in the purchase of a 1.46 million-square-foot office tower in downtown St. Louis.
$50 Million+ Corporate Debt Restructuring
Advised a client in a corporate debt restructuring of more than $50 million that allowed it to part ways with the family of its deceased founder. The restructuring included a comprehensive court-approved settlement agreement involving the payoff of several debt obligations, the release of the related security agreement, the purchase and extinguishment of a warrant to purchase over 500,000 shares of common stock of the client’s holding corporation, and the release of rights under multiple purchase agreements, including a stock purchase agreement. The negotiated settlement agreement price included approximately $17 million of debt forgiveness to the client’s benefit. Also represented the client in a $2 million revolving loan and a $44 million term loan, handled employment agreements for the CEO and CFO, negotiated landlord consents on client leases in dozens of locations, and provided assurances to the lender on the client’s employee stock ownership plan.
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