Experience
Assignment of Interests in Limited Partnerships Owning 500+ Tennessee Apartment Units
Assisted multiple general partner entities with the assignment of their interests in approximately 20 limited partnerships that own 500+ multifamily apartments units located in the State of Tennessee. The assignments included seeking approval and consent to the transfers from approximately 100 limited partners.
Renegotiation of Nearly 1,000 Retail Leases for Men’s Clothing Retailer
Completed a two-phase renegotiation of nearly 1,000 retail leases across the United States and Canada for a men’s retail clothing client in connection with COVID-19 impacts and the client’s emergence from Chapter 11 bankruptcy proceedings. In the first phase, we negotiated rent deferral agreements for nearly 400 retail locations in connection with the impact of COVID-19 and related government-mandated closures on the client’s operations; and assisted with nearly two dozen litigation matters relating to closures in several states. In the second phase, following the client’s declaration of Chapter 11 bankruptcy, we renegotiated nearly 850 retail leases assumed by the client in connection with the bankruptcy proceedings, successfully finalizing and obtaining full execution of nearly 99% of renegotiated leases submitted for legal review, nearly three times the success rate the client had originally anticipated.
Acquisition of Central and Southeastern Missouri Beer Distribution Business
Represented a St. Louis beer distributor, one of the largest privately held companies in the region and one of the largest distributors of beer, wine, spirits and other non-beer products, in its purchase of a distributing company serving customers throughout central and southeastern Missouri. The acquisition adds to the client’s annual distribution volume and further expands its market share in the region.
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.
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.
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 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.
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.
Defeated Motion to Cancel Notice of Pendency in $1.5 Million Dispute
Defeated a motion by property owner to cancel client’s notice of pendency on real property, on grounds that property owner was “alter ego” of parties who defaulted on the loans totaling $1,545,000.
$200 Million Construction Financing
Closed $200 million in construction financing for construction of a health care client’s headquarters expansion. Also helped the client secure various state and local tax incentives, including the issuance of $715 million in Chapter 100 bonds for the project.
Representation of Owner of Largest Multi-Tenant Office Building in Missouri
Represented the owner of the largest multi-tenant office building (over 1 million sq. ft.) in the state of Missouri, on all leasing and other property management issues.
Special Counsel for Municipality in Property Acquisition
Special counsel for the City in connection with property acquisitions for a project including flood mitigation and Chapter 353 redevelopment efforts.
Represented Property Owner in $350 Million Development
Represented property owners in the preparation and negotiation of all construction and architectural agreements for a project exceeding $350 million, and counseled property owners concerning contractor delay and performance issues throughout the project.
$43 Million Bond Issue for Municipality
Represented a municipality in the issuance of more than $43 million in bonds to fund the redevelopment of a former shopping center site. Because of possible changes in the tax code, it was necessary to structure the transaction twice in order to anticipate all possible contingencies and minimize the tax obligation for the municipality’s developer.
Representation of Over 40 Retailers with Respect to Real Estate
Represented multiple related companies in the bi-state region, collectively operating over 40 stores and carwashes, with respect to real estate (purchase, development, tax credits, government incentives, zoning, leasing, real estate tax appeals and sales) and other industry issues.
Successfully Obtained Zoning Code Amendments and Land Use Approvals for Construction Project
Successfully obtained zoning code amendments and land use approvals to construct and operate storage facilities in Missouri. Prepared multi-faceted applications to amend the zoning codes and to obtain use permits; appeared at several municipal board meetings; and communicated in a timely manner with municipal staff, committees, board members and our client's teams of engineers and architects to meet deadlines embedded in the complex zoning codes.
Contract Negotiations for Multimillion-Dollar Hospital Development
Represented a large general contractor in the preparation and negotiation of AIA contract documents for a multimillion-dollar hospital development in Illinois.
Long-standing Representation of Banks, Lending Institutions in Real Estate Matters
Represented multiple banks, lending institutions and related entities on all matters of real estate including acquisitions, REO management and dispositions, zoning, 1031 exchanges, easements and leases.
Local Counsel in Facility Zoning Matter
Served as local counsel for online retailer on its first Missouri distribution facility. Representation included zoning issues relating to parking and traffic requirements for the facility, consisting of a 348,480-square-foot a sorting center and 100,000 square feet in another building for a delivery station.
$35 Million Sale of Industrial Site
Represented the seller in the complex sale of a 1,300-acre industrial property for $35 million. The firm also represented the client in its purchase of the site three years earlier, which included handling several lawsuits inherited in the purchase.
Representation of Class A Office Building Portfolio Owner
Represented owner of portfolio of Class A office buildings throughout St. Louis region.
Multimillion-Dollar Deal in Client’s First International Expansion
Represented a client that heat treats metal parts for general manufacturers, including those in the automotive and aircraft industries, in its first international expansion. The deal included providing assistance with a long term supply arrangement with an European equipment manufacturer as well as a long-term facility lease and construction agreements; retaining local counsel in Mexico; setting up foreign subsidiaries and adding a new U.S. subsidiary; as well as handling associated intellectual property, real estate and tax issues.
Review of 480 Leases for Grocery Store Chain
Conducted a lease review for a national grocery store chain, consisting of approximately 480 leases across the country with a wide range of landlords and terms. This involved flagging construction and improvement rights, maintenance and repair responsibilities, approaching renewals and incomplete files.
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