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.

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.

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.

Defense of Owner Against REA Claims

Defended owner of landmarked high-rise building in claims brought by adjacent landowner under Reciprocal Easement Agreement (REA).

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 of High-Profile Retail Tenant in Breach of Lease Case

Represented high-profile retail tenant in its multimillion-dollar breach of lease claim against landlord concerning redevelopment of State Street Corridor in Chicago.

Secured Possession of Two Chicago High-Rises in Ground Lease Disputes

Secured for the ground lessors possession of two high-rise buildings in downtown Chicago following default by the tenants on long-term commercial ground leases. The clients moved to terminate the leases and recover the properties after the tenants defaulted on obligations to pay rent, including base rent and Cook County real estate taxes. Each tenant filed for bankruptcy in an effort to delay entry of the orders of possession. We successfully secured dismissal of both bankruptcy claims, followed by possession of the improvements.

$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.