Counsel to a Nevada public charter school in its borrowing of $34.77MM (backed by tax-exempt bonds), to finance the school’s purchase of land and construction of a flagship K-12 campus.
Continuous representation of various companies, shareholders, or members, in shareholder/member disputes, derivative actions, breach of duty/breach of contract matters.
Counsel to receiver regarding federal firearms license holder engaging in sale and renting of firearms, and separate sale of real property and business assets/operations, including privileged licenses, to generate recovery for creditors.
Represented multiple financial institutions in real estate, construction, and working capital financing transactions, including lead negotiation and drafting of credit agreement, promissory note, mortgage, assignment of leases, security agreement, and other ancillary documents related thereto.
Lead or co-counsel in several commercial litigation cases involving commercial transactions and real estate matters.
Represented sellers and purchasers in over $500MM in real estate assets including personal residential, shopping centers, restaurants, manufacturing facilities, office buildings, hotel complexes, and other commercial portfolios.
Counsel on real estate litigation matters including evictions, partitions, quiet title actions, breach of contract, and other real estate related causes of action.
Represented landlords and tenants in a wide variety of simple and complex matters, including lease negotiations, evictions, commercial eviction defense, and lease workouts.
Lead negotiation and drafting of various diverse and complex real estate purchase and development contracts for numerous real estate developers/companies regarding the multiple takedown of real estate and negotiation of financings for the development of property(ies).
Lead negotiation for various landlord and tenant clients, including multi-national clients, regarding all aspects of their commercial, office, and retail leases, including co-tenancy issues both in the United States and Canada.
Lead negotiation for $23MM purchase of a 208 unit apartment complex in McHenry, IL, including all purchase and sale documents and due diligence matters.
Lead negotiation and drafting of commercial loan documents for a Chicago client for the financing of an $8.5MM purchase of an office complex near Chicago's O'Hare Airport.
Lead negotiation for a Chicago client to protect its interests in real estate at an office complex where the client sought to lease, through easements, the entire roof to cell phone tower operators; included negotiation of all documentation.
Served as primary attorney with respect to the $3MM purchase of an office complex in Oak Brook, Illinois.
Served as primary attorney for the simultaneous sale of 37 parcels of real estate in Cook County, Illinois for a bank client.
Acted as lead counsel in the negotiation and drafting of a purchase and sale agreement for a 300-lot subdivision in Sandwich, Illinois.
Acted as lead counsel in the negotiation and drafting of a purchase and sale agreement for a 150-lot subdivision for Lighthouse Pointe in Illinois.
Serve as counsel to a number of developers with respect to their purchase and sale of real estate, and related financing and development, including condominium development.
Lead negotiation for a Chicago lender of $6.5MM to finance the purchase and development of land in Florida for a shopping center, including construction loan and end financing. We also lead negotiation of the loan restructuring due to the downturn in Florida real estate.
Lead negotiation for the Restaurant Finance Group of a bank vendor financing company regarding loan facilities for the purchase and construction of Applebee's and KFC franchises throughout country.
Lead negotiation for restaurant client with respect to all of its restaurant leases in multiple downtown Chicago locations.
Lead negotiation for a manufacturing client of office leases for its Elk Grove Village and Collar County locations.
Lead negotiation and drafting of loan documentation for $15MM commercial real estate mortgage involving commercial mortgage backed securities, including negotiation and drafting of mortgage, promissory note, assignment of rents and leases, environmental indemnity agreement, guaranty of recourse obligations, asbestos operations and maintenance agreement, escrow agreement, subordination agreement, lock box agreement, and other ancillary documents.
Lead negotiation of the complex asset purchase of a distribution facility in Ohio, including negotiation and drafting of joint venture agreement, asset purchase agreement, management services agreement, purchase of real estate, and negotiation of terms of credit facility.
Served as primary attorney with respect to the $6MM sale of part of the real estate at a manufacturing facility in Illinois, which involved the sharing of facilities between seller and buyer, complex cross easement agreements, and division of land and zoning issues.
Handled numerous real estate transactions, including acquisitions, development, and leasing issues.
Prepared and negotiated leases/ground leases on behalf of numerous tenants including Buffalo Wild Wings franchisee, Ruby Tuesday franchisee, Big Boy International, Snap Fitness franchisee, Blackrock Bar & Grill franchisee, along with several commercial leases for office, warehouse and manufacturing space for local, regional and national corporate entities.
Defended an institutional corporate trust department against a demand for an accounting and a claim for breach of fiduciary duty. After over six years of litigation, not only did the bank pay nothing to Plaintiff, but the bank even secured reimbursement for approximately 50% of its own attorneys’ fees incurred in the defense from the filing party.
Counsel to private commercial real estate lender relating to creation of multiple private investment vehicles to engage in more than $100MM of real estate secured loans.
Represented a large real estate investment firm being sued in Colorado for misrepresentation and breach of contract stemming from a multimillion-dollar project. After a two-week trial, we obtained a defense verdict.
Lead counsel to a Nevada charter school in the following matters: (1) $8.4MM and $3MM acquisitions of campuses in Las Vegas and Henderson, Nevada; (2) leasing of three campuses for 20 to 40 years; (3) construction of a new school facility on Nellis Air Force Base; and (4) numerous other matters, including student discipline, employment, public procurement, vendor, special education, and compliance matters.
Exceeded over $2B in residential transaction closings by volume.
Represented the developer of the historic Cal Neva Lodge in Lake Tahoe (formerly owned by Frank Sinatra) in breach of contract and fraud action brought by an investor, claiming the developer misrepresented the financial status of the project. After a two-week trial, we obtained a complete defense verdict and an award of over $5MM against the investor for interfering with a commercial loan that would have allowed the project to be completed.
Counsel to real estate holding company regarding sale of real estate portfolio for more than $22MM.
Counsel to national nonprofit health club operator for $25MM acquisition and redevelopment of new headquarters complex, including negotiation and drafting of maintenance agreements, zoning variance planning, commercial leases, and parking facility sharing arrangements.
Represented a property owner in a matter involving an illegal use of adjoining property that severely diminished the value of our client's property. Prior to our involvement, litigation had been ongoing for over two years. Once retained, we successfully resolved the controversy through alternative dispute resolution and negotiated payment of a substantial portion of our client's legal fees.
Defended a food processing company in an arbitration proceeding involving several real estate issues between adjoining landowners. Obtained a defense arbitration award of zero dollars in the client's favor when the claimant sought over $1.3MM and obtained a full award of damages on our client's counterclaim.
Represented a commercial property owner defendant in litigation involving allegations of breach of a restrictive covenant. The plaintiff was represented by one of the most respected trial attorneys in Nevada. We obtained a favorable settlement following an evidentiary hearing where plaintiff's request for preliminary injunction was denied.
Represented a lending institution in a Qui Tam Whistleblower Action and obtained a Rule 12(b) dismissal of a Qui Tam action against seventeen banks sued in a federal district court in the Northern District of Texas. Over 60 attorneys appeared in the case and all defendants entered into a Joint Defense Agreement. Our representing attorney was one of five attorneys selected to speak at the full-day dismissal hearing. The matter was dismissed with prejudice in its entirety.
Prepared and negotiated leases/ground leases on behalf of landlords who leased to national/regional companies (or their franchisees) including O'Reilly Auto Parts, Dollar Tree, CVS (and Arbor Drug), Family Dollar, Kroger, Sears Hardware, Emery Air Freight, Caribou Coffee, Tower Automotive, Papa Romano Pizza, The Private Bank, Northern Trust, Oppenheimer, Morgan Stanley, Blockbuster, Radio Shack, and Navistar.
Represented the borrower in negotiations for the refinancing of two mixed-use skyscrapers in downtown Detroit.
Represented the developer in negotiations with the city of Detroit for a multi-acre residential development along the Detroit Riverfront.
Obtained a summary judgment and a six-figure attorney's fee award in an action brought in Indiana by an automotive dealer-subtenant and the dealer-controlled landlord seeking to terminate our client's position as lessee/sub-lessor.
Represented a large natural-gas-fired combined-cycle electric generating plant in a multimillion-dollar property tax appeal concerning the complex subject matter of power plant valuation. After extensive discovery and a full trial (affirmed on appeal), we obtained a judgment for our client resulting in the lowering of the property assessment by over $200MM. In addition to a multimillion-dollar tax refund to our client, the judgment resulted in millions of dollars in tax savings not only in the tax years under appeal, but also in subsequent years.
Represented a large commercial retail operation in an easement dispute between property owners in a large mall development. Our representation included argument before the Michigan Court of Appeals, who reversed the trial court's summary disposition ruling against our client, and instead, entered a summary disposition order in our client's favor.
Represented some of the largest developers of wind energy projects in the U.S. to assemble or acquire necessary acreage for utility-scale projects in 12 states. In several cases, we were able to cause simultaneous agreement among a major project developer and up to 80 landowners.
Assisted in the purchase of a NBA franchise valued at over $400MM, including review of real estate issues, organizational structure, financing, and interfacing with local government.
Represented the owner of large apartment complex against a large national brokerage corporation involving allegations of fraud and double escrow. After a week-long trial, our client was awarded over $3.5MM.
Represented a property owner in an action involving damage caused by encroaching tree roots. We obtained an injunction requiring our client's neighbor to remove two trees due to encroaching tree roots following a two-day evidentiary hearing and then obtained summary judgment resulting in a finding of alter ego, and judgments of $30,000 in compensatory damages, $80,000 in attorneys' fees and $100,000 in punitive damages, all of which were upheld on appeal. Prestige of Beverly Hills, Inc. v. Weber, 2012 WL 991696 (Nev. Mar. 21, 2012) (affirming judgment).
Lead counsel to a European bank in the foreclosure upon, leasing, and subsequent $50MM sale of a luxury hotel/casino property located in Lake Las Vegas, NV (listed in the top 5 largest S. Nevada real estate deals in 2012).
Acted as interim in-house general counsel for 12 months for Big Boy Restaurants International, a regional family restaurant franchisor, in matters such as advising, directing, and handling the legal aspects of franchising, leasing, construction, employment, insurance, property sales, trademark, and various other day-to-day legal matters as they arose.
After defeating summary dismissal attempts, we successfully obtained a settlement on behalf of a minority partner whereby the majority partner forfeited 40% of his interest in a real estate partnership in favor of our client, who then became the majority partner of the partnership with real estate holdings valued in excess of $8MM at the time of the settlement.
Successfully represented the real estate subsidiary of a nationally recognized automotive manufacturer in an action brought by a dealer-tenant in state court in Hawaii, claiming that our client had tortiously interfered with the plaintiff's attempt to assign a lease.
As general counsel for a publicly traded Chicago based multi-national technology and services company, we were responsible for negotiating and documenting transactions providing $350MM in venture capital financing to more than 30 entities between June 2000 and July 2001. We lead the acquisition of more than 25 entities between October 2000 and August 2002, including the stock-for-stock acquisitions of seven public companies and the acquisition of assets from the bankruptcy estates of two public companies. We were also responsible for SEC compliance, board counseling, and managing an approximately $3MM annual legal budget.
Lead attorney for the acquisition, development, and lease-up of both phases of a large office and research complex in Novi, MI.
Lead attorney in the development and sale of numerous business site condominium parcels at Silver Lake Village in Fenton, MI, involving national retailers Home Depot and Sears (Hardware).
Acted as general counsel to a public company, Chateau Communities, Inc., addressing a majority of all corporate and commercial issues including insurance issues, company service contracts, joint ventures and co-development agreements, and property management issues.
Successfully obtained a large recovery for an NFL football stadium resulting from the breach of a lease by the NFL franchise, which vacated the stadium to move to a new venue during the lease term. The case involved complex damages and mitigation issues uniquely related to professional sports stadiums.
Representation of an industrial client whose neighbor was intent on leveraging concessions by using obsolete, but legal, recorded easements to restrict truck access to the plant. Reaching a deadlock, the parties were on the eve of filing suit. We worked with opposing counsel to ascertain previously abandoned easement access routes, thus avoiding costly and damaging litigation for our client. The parties operate to date using the easements created in the settlement.
Lead attorney in acquisition of $85MM and $32MM real estate portfolios involving multiple operating manufactured housing communities throughout the U.S.
Lead attorney for the due diligence into all property matters in connection with lead up to and eventual initial public offering of the multi-state manufactured housing community owner/operator, Chateau Properties, Inc. (n/k/a Chateau Communities, Inc.) and its subsequent merger with a comparable REIT, ROC Communities, Inc. and its real estate holdings.
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