Experience
Represented Homeowners in Complex Dispute
Represented homeowners in complex dispute with landowners and local municipality.
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.
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.
Zoning Variance for New Construction of 40-Unit Affordable Housing Project for Seniors in West Philadelphia
Obtained a zoning variance on behalf of a real estate developer to allow for the erection of a 40-unit affordable housing project for low- and middle-income seniors aged 62 and older in West Philadelphia.
Secured Real Estate Tax Exemption for Buddhist Temple
Appeared and argued before the Philadelphia Board of Revision of Taxes to successfully obtain a 100% tax exemption from real estate taxes for a Buddhist Temple, allowing it to continue to serve the local community by providing access to facilities for religious worship. Also obtained a nunc pro tunc exemption from a six-figure tax bill for prior tax years.
Favorable Settlement for Condo Association in Discrimination Matter
Litigated and negotiated with the U.S. Department of Justice on behalf of a condominium association to obtain a favorable settlement in a housing discrimination matter regarding alleged service animals.
Successful Opposition to a Zoning Variance for a Proposed Multifamily Building Adjacent to a Client's Factory
Successfully opposed a zoning variance for a 104-unit multifamily apartment building on a vacant, industrially zoned parcel in Philadelphia adjacent to a client's active industrial factory.
Negotiated Purchase of Commercial Condo Unit for Highly Regarded Local Restaurant Group
Successfully negotiated the purchase of a commercial condominium unit from a large hotel operator, including drafting and obtaining approval for necessary amendments to the condominium's governing documents.
Real Estate Development Agreements for Industrial Cannabis Complex
Represented a commercial cannabis client in obtaining local and state approval to re-subdivide and revitalize several industrial lots, establish grow houses and grow fields, and construct industrial buildings, roads, improvements, etc., in Trinidad, Colorado.
Defeated Preliminary Injunction Regarding Restrictive Covenant
Defeated a preliminary injunction motion seeking to enforce a restrictive covenant in a real estate contract.
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.
Judgment Against National Bank
Obtained summary judgment plus attorneys' fees against a national bank on behalf of the landlord in a commercial lease dispute.
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.
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.
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.
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.
Defense of Developer, Personal Guarantor in Commercial Foreclosure Actions
Defended real estate developer and personal guarantor of loans in multiple commercial foreclosure actions.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Enforcement of Rent, Other Obligations for Retail Tenants
Successfully represented the manager of a shopping mall in action to enforce the construction, rent and other obligations of an anchor tenant.
Construction Defect Suit on Behalf of University Library
Represented the state of Illinois in a suit for defective construction of a university library.
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