Experience

Complex Hybrid Option and Promotion Agreement

Acted for a developer in connection with the drafting and negotiation of a complex hybrid option and promotion agreement.

Secured $26 Million Jury Verdict for Developer

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 Summary Judgment for Developer and Others

Secured summary judgment in favor of developer and various other entities, and three individuals against defamation and malicious prosecution claims in federal court seeking punitive damages.

Secured Spoliation of Evidence Order in Apartment Building Claim

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.

Defeated Prior Owner in Bid for Historic Mansion

Successfully defeated a claim by a prior owner to retake one of the few remaining historic mansions along Miami’s Brickell Avenue in a prolonged trial with millions of dollars at stake.

Order for Possession of a Commercial Unit

Secured an order for possession of a commercial unit in case of rental arrears, where peaceable re-entry had been repelled.

Peaceable Re-entry Following Breach of Lease Covenants

Secured peaceable re-entry to an industrial unit following breach of lease covenants.

Secured Business Lease Tenure for Commercial Unit Tenants

Secured business lease tenure for tenants of commercial units, supposedly occupying on the basis of ‘licences’.

Securing Enhanced Compensation for Tenants

Secured enhanced compensation for tenants who had lease renewals opposed on the grounds of redevelopment.

Securing Possession of Commercial/Industrial Units

Advised upon and secured possession of commercial/industrial units in a case of landlord redevelopment underground (f) of section 30(1) of the Landlord and Tenant Act 1954.

Trespass Claims for Possession Against “Squatters”

Successfully undertaken numerous claims for possession of commercial and residential property against trespassers – involving properties of a full spectrum of size and complexity. Developed a specialism in offering a full-service, ‘one-stop-shop’ for such possession actions; drafting the court claims, undertaking the in-court advocacy, overseeing the eviction process and achieving repossession of land quickly and efficiently.

Counsel for Successor Trustee Related to a Commercial Foreclosure

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

Counsel in Commercial Litigation, Foreclosure, Special Assets and Receivership Matters

Served as counsel to local, regional and national lenders in numerous commercial litigation and foreclosure, special assets and receivership matters involving the sale and liquidation of nearly every type of real property and collateral, as well as workouts, including: office parks, mobile home parks, factory, warehouse and manufacturing properties, retail centers, marinas, medical offices and equipment, transportation development districts (TTDs), liquor stores, turkey farms, cattle, farm products and equipment, hotels, dry cleaners and many more.

Managed Over 4,000 Missouri Non-judicial Foreclosures

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

Counsel for Secured Lender in $4 Million Commercial Transaction

Served as counsel for bank and drafted commercial loan documents with respect to loans totaling in excess of $4 million and facilitated closing.

Counsel to National Bank in Collection on Commercial Loan

Served as counsel to national bank in collection on commercial loan, secured by multi-state collateral, including receivership.

Counsel for Secured Lender in $8 Million Commercial Transaction

Served as counsel for bank and drafted commercial loan documents with respect to loans totaling $8 million, secured in part by commercial real estate in Georgia and South Carolina, and facilitated multi-state closing.

Lead Trial Counsel to National Title Underwriter in Multimillion-Dollar Litigation

Served as lead trial counsel to national title underwriter in multimillion-dollar defense litigation, resulting in clarification of law in the Eighth Circuit on policy exclusions.

Obtained Judgment on the Pleadings in Real Estate Action

Obtained judgment for seller in a declaratory judgment action involving a property and insurance dispute.

Counsel to Insured Homeowner Defeating Claim to Strip Ownership

Served as counsel to insured under owner’s policy to successfully protect property title, in state court and on appeal, from adverse claims by neighbor and lender.

Commercial Condominium Buyout in Illinois

Advised a client with office space in a commercial condominium in Illinois on a transaction involving the buyout of a holdout owner.

Commercial Condominium Creation for Developer

Assisted a client in creating two new commercial condominium units in Maplewood, Missouri, including site evaluation, management of related legal issues, and negotiation with the Missouri Department of Transportation regarding their use of common ground for state highway expansion.

Developer Representation in Hospital Site Purchase

Represented the developer in the sale of a site to a Missouri health care system for the construction of a hospital.

Due Diligence for Rehab Center Prior to Development Deal

Evaluated site options and conducted due diligence on behalf of a rehabilitation company in advance of a deal for future development.

HUD Financing and Construction Agreement Negotiation for Major St. Louis Developer

Handled HUD financing and negotiated construction agreements for a multifamily housing building in Maplewood, Missouri.

Local Counsel to National REIT in Retail Center Purchase

Served as local counsel to a national REIT in the purchase of a retail center in Illinois. Drafted local opinion letters and handled due diligence.

Multifamily Housing Development Involving Historic Tax Credits

Counseled client on a multifamily housing development in the city of St. Louis, involving historic tax credits.

Multimillion-Dollar Settlement on Behalf of Siblings in Dispute Over Family-Owned Commercial Real Estate and Business

Successfully represented three sisters in a dispute with their brother concerning allegations of misappropriated funds and ownership in commercial real estate, which resulted in a settlement of more than $3 million for our clients.

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.

$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).