Experience
Acquisitions for Banking Client’s Southern Expansion
Completed the acquisition of two sites in Northwest and Central Arkansas to facilitate a banking client’s expansion. Worked closely with a local development team to ensure local approval of the bank’s intended development. In addition, the team worked through local and subdivision architectural and site plan approvals, property investigation, site plan development and access negotiations across neighboring properties to ensure that one of the sites, which has a unique topography featuring a 40-foot vertical drop from east to west, was suitable for our client’s intended development.
Land Acquisition, Negotiations for Banking Client Expanding Footprint
Negotiated the acquisition of vacant land for the development of two new branch locations for a banking company in Northwest Arkansas. Worked with a local development team to negotiate access, signage and development approvals to facilitate design and construction of the new locations.
Summary Judgment for Commercial Real Estate Lender
Secured a victory in the New York Supreme Court, Appellate Division, First Department, on behalf of a commercial real estate lender. A borrower and guarantors sought to void multiple loan, mortgage, note and guarantee agreements by claiming that the agreements were unconscionable and induced by fraud. The trial court granted summary judgment dismissing the claims and granting the client’s counterclaims for foreclosure. The Appellate Division affirmed, following which the trial court issued a final judgment of foreclosure and sale.
Post-COVID-19 Lease Dispute
Represented a global e-commerce company in a commercial lease dispute.
Emergency TRO Motion for Lender
Defended a secured lender’s emergency motion for temporary restraining order to freeze assets of a computer software company.
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.
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.
Representation of Court-Appointed Receivers in High-Profile Shopping Mall Foreclosures
Represented court-appointed receivers in numerous high-profile commercial foreclosures of shopping malls.
Defense in Case Alleging Breach of Fiduciary Duty, Breach of Partnership Agreement
Represented general partner of real estate partnership in defense of claims brought by limited partner for breach of fiduciary duty and breach of partnership agreement.
Enforcement of Noncomplete, Nonsolicitation Agreements for Global Real Estate Firm
Represented global real estate services firm in enforcement of noncompete and nonsolicitation agreements with former employee.
Representation of One of the Largest Shopping Mall REITs in Multimillion-Dollar Dispute
Represented one of largest shopping mall real estate investment trusts (REITs) in multimillion-dollar contract dispute concerning private line telecommunications.
Defense of Multimillion-Dollar Contract Claim Against Large Shopping Mall REIT
Defended multimillion-dollar contract claim concerning internet hosting services asserted against one of largest shopping mall real estate investment trusts (REITs).
Representation of Global Real Estate Lender in Multimillion-Dollar Contested Foreclosure
Represented global real estate lender in multimillion-dollar contested foreclosure of exclusive shopping center development project in Myrtle Beach, South Carolina.
Defense of Real Estate Services Firm in Multimillion-Dollar Veil-Piercing Case
Defended real estate services firm and related entities in multimillion-dollar veil-piercing claims.
Defense in Breach of Oral Contract Case Against Prominent Real Estate Developer
Defended claims asserted against prominent real estate developer for alleged breach of oral contract to share millions in profits.
Defense in $120 Million Claim for Negligent Real Estate Portfolio Advice
Defended global real estate services firm in $120 million claim for negligent real estate portfolio advice.
Handled Eviction Proceedings for Commercial Owner
Represented commercial owner in landlord-tenant eviction proceedings.
Defense of Owner Against REA Claims
Defended owner of landmarked high-rise building in claims brought by adjacent landowner under Reciprocal Easement Agreement (REA).
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.
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.
$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.
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 Secured Creditor in Beer Distributorship Bankruptcy
Served as counsel to mortgage lender in Chapter 11 of Central Illinois closely held beer distributor.
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.
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