United States > Real estate and construction
Overview
The real estate market remains swamped with distressed and troubled assets, making workout and restructuring transactions a prominent part of many law firms’ practices as sub-performing and non-performing loans continue to require attention. Special servicers are still visible in the market attending to pools of CMBS loans, while lenders are beginning to take action against borrowers holding defaulted loans; as a result, more aggressive foreclosures are taking place. Transactional work has picked up and core assets in prime locations such as New York, Chicago and Washington DC are trading at higher than expected rates. Private equity investors, among others, are waiting on the sidelines to strategically deploy capital to take advantage of the weaker market conditions. Banks and financial institutions are lending again, but on different terms where loans are more closely aligned with the value of properties they are secured on. The leasing market remains resilient, but development of new office, retail and hotel space is slow, although the senior living, medical office and industrial development sectors are stronger.
The real estate ranking focuses on law firms that can present national capability – either real estate finance work for national and international caliber clients, or property transaction and development practices that can demonstrate top-end quality and good geographical reach. There is also space in the rankings for high-caliber regional practices. Real estate investment trust (REIT) expertise is noted throughout the section, but more detailed and specific coverage of REITs can be found in a dedicated section in our Investment Fund Formation and Management chapter.
There are promising signs of improvement in the construction legal market; many firms are thriving on a diet of hospital, energy and transport infrastructure projects, funded by the government’s economic stimulus. On the contentious side, bid protests on public sector projects are on the increase, and projects failures have been an abundant source of disputes, with many firms now responding to client demand for cost-effective ADR. In 2011, a dramatic shake-up of lawyers took place, following the demise of the highly regarded Howrey LLP, with Jones Day and Pillsbury Winthrop Shaw Pittman LLP among the firms benefiting. The construction ranking aims to reflect both litigation and transactional capabilities, in addition to the geographical scope of firms’ instructions and national profile, with due account given to highly regarded regional outfits.
The land use market is suffering from the shortage of bank loans amid the recession, and lawyers are facing a lack of new projects in the planning stages of development. This is evident across the board, but particularly in the highly distressed states of Florida, Nevada and Arizona. In 2010, typical engagements included redevelopment programs, ongoing entitlement processes and land use matters relating to the construction of renewable energy infrastructure, in response to government initiatives. The land use ranking identifies firms with strong state-wide reputations and local political connections, while giving credit to firms which handle instructions from multiple offices and have a broader national profile.
Construction (including construction litigation)
Index of tables
Construction (including construction litigation)
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- Akerman Senterfitt
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Allen Matkins Leck Gamble Mallory & Natsis LLP - Carlton Fields
- Cox, Castle & Nicholson
- Faegre & Benson LLP
- Farella Braun & Martel LLP
- Gibbs, Giden, Locher, Turner & Senet
- Hanson Bridgett LLP
- Holland & Hart LLP
- Moye, O’Brien, O’Rourke, Pickert & Dillon, LLP
- Sutherland Asbill & Brennan LLP
- Thompson Hine LLP
- Wulfsberg Reese Colvig & Firstman
- Zetlin & De Chiara LLP
Leading lawyers
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- Jeffrey Appelbaum Thompson Hine LLP
- Deborah Ballati Farella Braun & Martel LLP
- Bennett Greenberg Seyfarth Shaw
- John Heisse Pillsbury Winthrop Shaw Pittman LLP
- Michael Long Watt, Tieder, Hoffar & Fitzgerald, LLP
- George Meyer Carlton Fields
- Andrew Ness Jones Day
- Robert Peckar Peckar & Abramson
- Steven Stein Stein Ray LLP
- Andrew Stephenson Holland & Knight LLP
DLA Piper LLP’s construction practice handles work on an international and national platform, with 40 construction lawyers across the US alone. The well-connected team is experienced in representing clients throughout the construction process, acting for owners, contractors, design professionals and lenders, among others. Ross Altman, Robert Crewdson and Anthony Meagher, based in Chicago, Atlanta and Baltimore respectively, co-chair the US construction group, which has been active across government-funded projects, institutional developments and significant litigation cases. The firm is currently lead counsel representing The Port Authority of New York and New Jersey in the reconstruction of the World Trade Center site, including preparing and negotiating construction management, design and trade contracts. It is also working on cost-sharing agreements for the design and construction of other developments at the site, including three high-rise buildings and a transportation facility. The firm also represented affiliates of Johns Hopkins in disputes relating to the construction of a large research center for the National Institutes of Health on the Bayview medical campus in Baltimore, involving a significant claim by a large general contractor and claims by multiple subcontractors; the firm handled nine cases, including one appeal, and also advised the client on three separate federal government claims. In other litigation, the firm is representing a joint venture (between Heery International and a local Atlanta construction management firm, E R Mitchell Company) which is contracted by the DeKalb County School District in Georgia to oversee a $1bn school construction development. Following the client’s suspension from the project in 2006, the firm continues to handle claims brought by Heery/Mitchell against the school district for unpaid professionals, and will be defending the client, in the scheduled jury trial, against counterclaims from the school district, which include charges of billing fraud (estimated to be over $100m).
Holland & Knight LLP is highly regarded by clients for its ‘excellent service, very knowledgeable attorneys and prompt advice’; ‘all aspects of its service has been A+’. In offices nationwide, the team includes 29 full-time construction lawyers and more than 60 individuals with construction experience. The firm has a sound reputation for both transactional and contentious instructions, with a strong presence in Florida, Washington DC, New York, California, Illinois and Massachusetts. It acquired a number of well-known contractors as new clients in 2010, but also represents public and private owners, major construction companies and developers. ‘Excellent litigator’ Stephen Shapiro is currently representing an owner – the Dormitory Authority of the State of New York – in a complex dispute, scheduled for jury trial, involving approximately 20 parties; the client is pursuing a $40m claim for delay and impact damages against a general contractor and its surety over the construction of a cutting-edge ‘vertical campus’ in a major urban center. The surety also brought a $27m claim against the owner which was dismissed based on a motion for summary judgment filed by the firm. Recent transactional highlights include advising an international commercial contractor on licensing requirements for a $1bn public project. Andrew Stephenson chairs the construction group from the Washington DC office, which is well known for its experience in government contracts and compliance. Frederick Rohn and Ben Subin are also recommended.
The ‘top-notch and very knowledgeable’ lawyers at Jones Day are located in major financial hubs worldwide, while also providing terrific geographical coverage of the US, with construction lawyers based in California, New York, Washington DC, Illinois, Texas and Pennsylvania. In 2011, the firm took on a sizeable team of construction lawyers from Howrey LLP, including leading litigators Stephen O’Neal and David Buoncristiani in San Francisco and Andrew Ness in Washington DC. The newly expanded team provides ‘outstanding’ services in project financing, transactional matters, and disputes for an impressive list of public and private clients. While the firm has been engaged in many energy infrastructure and hospital developments of late, it has also been handling a significant amount of ongoing commercial construction matters, notably representing Madison Square Garden in a large-scale renovation to its legendary multi-purpose indoor arena in Manhattan. The firm also acted for the client in its previous reconstruction two decades ago. In the field of dispute resolution, the group brings together extensive trial experience, in both state and federal courts. It handles all types of construction disputes and claims from defective specifications and cumulative/delay impact claims to termination disputes, and violations of the state and federal False Claims Acts. The practice also has substantial experience in international arbitrations. Recent work includes defending a Sempra Energy affiliate, the owner of a recently completed liquefied natural gas regasification facility in Louisiana, in arbitration proceedings with joint venture EPC contractor Aker-Kvaerner/IHI, after it filed claims in both California and Texas for more than $200m in alleged damages for changes in regulations, delay and lost productivity. Key contacts at the firm include Daniel McMillan in Los Angeles and Roy Powell in Pittsburgh, who co-chair the global construction group; both are ‘excellent “go-to” lawyers’ who ‘work tirelessly to meet the needs of their clients’.
‘There are not many firms in the US that offer more in-depth expertise in construction litigation’ than Peckar & Abramson, which has ‘top-level knowledge in the field and vast national coverage’, despite having closed its Orlando and Fort Lauderdale offices in 2009 and 2010. The practice also recently saw four partner departures, but it continues to reap involvement on high-value transactions and disputes. The group spans eight offices nationwide and includes 78 full-time construction lawyers. Focused on representing general contractors, the firm has a well-connected national presence, active in New Jersey, New York, California, Washington DC and Chicago, while maintaining a strong Florida practice from Miami. The team is currently advising on the largest public-private partnership project in the US, involving a multibillion-dollar federal highway development in South Florida; Jerry Brodsky (who is originally from Peru and manages the firm’s Latin American practice group) and Melinda Gentile are leading the advice to a Spanish contractor on contract negotiations, project administration and claims avoidance and resolution. In New York, the practice is involved in a major arbitration before the ICC, representing a Canadian energy infrastructure company in a $120m construction dispute with a US contractor; the case relates to the building and operation of a 2,000-mile oil pipeline costing $12bn. Clients praise founding partner Robert Peckar, whose ‘knowledge and experience are second to none’. He and other lawyers in the practice have strong links with national construction committees; Peckar has been general counsel at the Construction Financial Management Association for over 25 years and is co-chair of the Construction Superconference. The ‘well-respected’ chairman and managing partner, Steven Charney and ‘top lawyer’ Stephen Reisman are also recommended, managing the firm’s New York and Florida practices respectively. The firm is currently focusing on the expansion of its corporate compliance practice, which works closely with the construction law group, and Thomas Curran recently joined the firm as a key driver of this initiative, with a background in compliance and white-collar crime work.
Watt, Tieder, Hoffar & Fitzgerald, LLP focuses solely on construction, design and engineering matters and is highly regarded for its expertise in litigation. The well-known boutique is praised for its ‘timely responses’ and ‘deep bench of professionals’. 2010 was an important year for the firm, as it expanded its practice with the opening of a new office in Seattle, extending its reach up the West Coast. Six attorneys were also recently promoted to partner level and two to of counsel. While the core of the team is situated in the McLean office, with 58 lawyers based there, its national capabilities are enhanced by offices in California and Nevada. The firm is representing Tishman Construction Corporation of Nevada in connection with the mixed-use CityCenter project in Las Vegas; CityCenter is the largest private construction project in the US and the firm is handling numerous issues relating to the client’s role as construction manager on the development. Other key clients include Howard S Wright Construction and Carpathia Hosting. The firm’s founding partners are well-respected construction attorneys and very well known in the industry. Clients also single out managing partner Michael Long, who ‘conducts himself with the highest degree of integrity on all matters. In addition, he will work tirelessly beyond normal working hours to meet his clients’ goals and objectives. He will go beyond the call of duty’. While the group has a strong focus on contentious work, Colin Smith, Jason Blatt and recently promoted partner Briana Becker Stolley are recommended for transactional instructions. The firm is also recognized for its experience in sureties, government contracts and insolvency.
Duane Morris LLP is active in the design, development, financing, performance and management of major construction and government procurement contracts across the US. Led by Robert Prentice, the national construction practice represents public and private owners, contractors, construction managers, equipment suppliers, design professionals, and sureties, with an extensive record on complex, high-visibility projects in New York and other cities. Prentice is highly regarded in the construction industry, with over 30 years of construction disputes experience. In addition to handling numerous litigation, arbitration and ADR cases, he is also currently special counsel for the Kennett School District, Unionville-Chadds Ford School District and the Chester County Intermediate Unit. His work in the education industry involves advising on construction-related issues and handling all types of construction administration, including architect agreements, contracts and bid packages. Edward Gentilcore is the vice-chair of the construction group and is recommended for his expertise in nationwide construction litigation, construction contracts, green building and mechanics’ lien matters. He has also handled various energy-related issues and is experienced in public contracting, procurement and bidding compliance matters.
Foley & Lardner LLP’s construction team handles all issues surrounding development processes, with attorneys based in numerous offices across the US. It has provided advice to almost 100 construction and design firms over the last 20 years in domestic and international contracts, finance, and dispute resolution. On the contentious side, the firm represented a large south-eastern US contractor specializing in reverse osmosis, water treatment and associated pipelines in a multimillion-dollar damages claim; the client’s case was based on project delays and lost labor productivity, and was successfully resolved in its favor in a pre-trial settlement.
With a strong reputation in transactional work as well as contentious issues, the firm recently represented a major construction company in negotiations concerning the takeover of a major public infrastructure project with a value exceeding $100m. The well-respected Jeffrey Blease, in San Diego, is the chair of the construction group, and has over 22 years’ experience in representing clients across the US in a wide range of industries. He successfully represented a national engineering firm in a $25m construction dispute involving more than 30 parties in the San Diego Superior Court; the case related to the 2006 renovation of a historic hotel in San Diego, in respect of which the owner asserted a negligence claim. The firm also assisted a flurry of new clients in 2010, including major banks, a publicly traded homebuilder and a large insurance company.
K&L Gates’ construction and engineering practice is ‘extremely capable and undoubtedly one of the largest construction groups in the country’. Since the firm’s acquisition of Chicago-based firm Bell Boyd & Lloyd in 2009, it has further expanded its US coverage and strengthened its Illinois presence, and the practice now includes 81 attorneys across 15 offices in the US. The firm handles the full spectrum of construction issues from contract negotiation and preparation through to disputes, with expertise in litigation, arbitration and ADR. Recent contentious work includes successfully defending a developer in arbitration against subcontractor claims for extra payment on a shopping center project in downtown San Francisco, and the firm has also become increasingly active in government contracts and alternative energy matters. Richard Paciaroni chairs the construction practice from the Pittsburgh office, and has over 24 years’ experience in the field. Since the recession, his team has seen an up-tick in bid protest work, and is notably representing a major US-based contractor in a bid protest over the construction of a $200m prison in Pennsylvania. Paciaroni is involved in transactional instructions as well as handling contentious issues; a large portion of his practice includes advising clients on the preparation of design and construction contracts. On the administrative side, the firm has recently been advising on developments including a $300m senior living campus, a $200m urban high-rise mixed-use project, a $140m hotel waterpark, and a general aviation airport including a flight terminal, control tower and runways.
The ‘practical and client-focused’ team at Kilpatrick Townsend & Stockton recently expanded its US reach through the firm’s merger with Oakland-based boutique Bell, Rosenberg & Hughes LLP in 2010, allowing entry into the Californian market; the addition of this group brought ten new construction specialists to the firm, five of them at partner level. With well-resourced offices elsewhere in Georgia, New York and North Carolina, the firm serves clients from a national platform and ‘ranks with the best’. The construction practice spans all areas of the industry, acting for public and private owners, general contractors, developers, design and engineering firms, contractors and sureties. It is handling a number of high-value matters across the US including advising the city of Atlanta on its $6bn airport expansion. Another big-ticket mandate comes from the state of South Carolina and the South Carolina State Ports Authority, in connection with an inter-governmental agreement (and future inter-state compact) with the state of Georgia and the Georgia Ports Authority; the contract encompasses a $5bn plan to develop and build a post-panamax marine services terminal at the mouth of the Savannah River. The firm also represents one of the nation’s largest healthcare providers, which regularly develops hospitals and medical and administrative offices from coast to coast, on both contentious and non-contentious matters; recent work includes a case concerning a new hospital development against a national and international general contractor and members of a design team, with the claims settled favorably after a series of mediations and negotiations and tens of millions of dollars recovered in damages. ‘Excellent trial attorney’ Brian Corgan is head of the construction and infrastructure group, and specializes in construction contracts, litigation and ADR. Randy Hafer is also recommended as ‘pragmatic and extremely experienced in handling disputes’, while Neal Sweeney is ‘an encyclopedia of construction law’.
Kenneth Roberts and Mark Friedlander co-chair the construction group at Schiff Hardin LLP, which combines decades of legal experience from lawyers with extensive backgrounds in the industry, whether in architecture, engineering or construction. The core team is based out of the Chicago office, assisting national and international clients throughout the US. Handling both litigation and transactions, the firm also maintains a strong emphasis on providing litigation-avoidance services, regularly facilitating arbitration or mediation as an alternative. Among a wide range of clients, from contractors and special contractors to owners and developers, the firm represents the likes of The Shaw Group, Exelon Corporation and Anixter. The ‘highly qualified’ team is heavily engaged in the energy sector (renewable and non-renewable) and worked on three wind farm projects in 2010 alone. It continued to assist Kansas City Power & Light, for the sixth year running, on a $2bn energy plan intended to meet the future energy, economic, and environmental needs of the greater Kansas City area; the project involves not only developing wind power but also constructing coal plants and applying environmental upgrades. Among a host of long-term energy projects which kept the team busy in 2010, the firm also continued to act for Constellation Energy providing project controls, oversight, and procurement services on a variety of nuclear, fossil, and alternative energy projects, including delivering advice throughout the building phase of Constellation’s $900m coal-powered generating station in Maryland, where the firm helped the client comply with the state’s healthy air legislation. Clients praise the group as bringing ‘invaluable breadth and depth to construction projects’, noting its ‘unmatched capabilities in the construction project controls arena’.
Seyfarth Shaw has a 50-lawyer national construction practice, in nine offices across the US. Clients appreciate the attorneys’ ‘tactically sound advice’ and their ability to work in unfamiliar jurisdictions; ‘they very quickly come up to speed on all local rules and issues’. The team handles large, complex projects from stadiums to infrastructure developments and power plants, working closely with colleagues in the firm’s 20-strong government contracts group, and has a strong litigation practice, successfully presenting cases before courts, dispute resolution boards and arbitration tribunals. In 2010 the firm prevailed in a high-profile foreclosure lawsuit in Chicago, acting for Bank of America; the team, made up of real estate, bankruptcy and construction lawyers, acted for the bank as leader of a group of lenders in a $207m case relating to a large-scale mixed-use development under construction in the Loop business district. While the firm is well known for its successes in litigation, it also has a very credible transactional practice, with the recent work including negotiating design and construction contracts for Houston’s $1.5bn Light Rail Project. The firm is also outside legal counsel to Fortune 500 company Host Hotels and Resorts, handling construction contracts for all of the client’s 120 properties, domestically and abroad. Highly regarded lawyers include Richard McKim Preston, who heads the Washington DC construction team. Clients also praise Bennett Greenberg, who is ‘outstanding in design-build contract negotiations’; and Steven Kmieciak, for his ‘very good grasp of federal government contracting issues’. Elsewhere, for California matters, Michael McKeeman is described as ‘an absolute pleasure to work with’; and in Boston, clients ‘wholeheartedly recommend’ Leah Rochwarg for her ‘zealous representation’.
Smith, Currie & Hancock LLP’s lawyers are ‘very much client advocates in their approach to work’. Described as ‘one of the best construction law firms’, it represents a wide variety of multinational corporations and Fortune 500 companies as well as smaller businesses, advising contractors, subcontractors, construction managers, owners, architects, engineers, sureties, insurance companies, suppliers, construction trade associations, lending institutions and real estate developers. The firm is strong on the contentious side, and also advises on non-contentious issues including contractual risk assessments, differing site conditions and project delivery systems. While the core of the team is based in Atlanta, where there are 46 resident attorneys, the firm also has a presence in Florida, Washington DC, North Carolina and Nevada. Recent work includes representing Continuum Company, the owner/developer of two high-rise condominium towers in Miami; each development is valued at $250m and the firm is handling multiple cases involving contractors and subcontractors. The ‘extremely timely and knowledgeable’ team reaps instructions from across the US and internationally, handling numerous disputes in 2010 arising out of energy projects, transportation infrastructure and commercial developments. Noteworthy clients include AECOM Technical Services, Clark Construction Group and McCarthy Building Companies. Ronald Robey is a key contact, and is well known for his work on government contracts and construction insurance disputes. The ‘outstanding’ Philip Beck is also recommended, as are William Ebert in Las Vegas, and Eric Nelson in Atlanta.
‘The service, quality and response time is second to none’ at Chicago-based Stein Ray LLP. The construction team has a national reputation and has represented clients such as AECOM, Clark Construction Group and Barclays on a wide range of matters, particularly on the contentious side. A ‘well-rounded boutique with excellent industry contacts’, it had a strong year in 2010, resolving disputes involving commercial projects in San Francisco, Denver, Arizona and Vermont. Acting for clients in the power industry is a key focus of the firm, with areas of experience including oil transmission, refining, power generation and distribution matters; recent work highlights include assisting the owners of two large power plants in managing design and construction issues. The team also handled a number of contentious hospitality matters in 2010, notably representing a lender in high-value litigation involving a hotel and spa project, and acting for a general contractor in the prosecution of claims arising from a hospitality project in the Southwest. Among the seven-partner team, Steven Stein attracts very high praise from clients, and the ‘smart and personable’ Stephen Ray is also well respected in the industry. Carl Popovsky is also recommended as ‘extremely knowledgeable and highly responsive’. Former name partner Robert Harris and leading lawyer Jeffrey Winick left the firm with two other partners and two associates in 2010, to open a new Chicago boutique,
Akerman Senterfitt’s construction practice works closely with the firm’s real estate group in handling both contentious and non-contentious aspects of construction projects. The team has a national reach and handles a wide range of instructions involving healthcare services, sports facilities, mixed-use developments, military housing, transportation, infrastructure projects and power generation facilities. The ‘willing and ready’ team includes seven core partners who practice construction law full time. Led by practice chair Jeffrey Gilmore, the team has a strong reputation in eastern states and ‘first-class business acumen and knowledge’. The team’s expertise extends beyond day-to-day construction issues to government contracts and environmental dredging projects, where the group is currently involved in one of the largest sediment remediation projects in the US. The firm also has a niche practice in the defense of defect cases involving Chinese drywall, with Stacy Bercun Bohm, who has ‘incomparable construction knowledge’, a key driver; she is currently representing Florida developers and a general contractor as lead counsel in multimillion-dollar class-action litigation filed by homeowners and condominium owners involving over 200 properties. Transactional highlights included acting for Washington Metropolitan Area Transit Authority on a $75m bus maintenance facility; the firm is assisting in the drafting and negotiation of a master development agreement and a design-build and construction co-ordination agreement for the project. Other noteworthy clients include Target Corporation, Jefferson Apartment Group and New World Symphony.
Clients speak very highly of Carlton Fields, for both non-contentious matters and litigation. From offices in Florida and Georgia, the firm represents owners, general contractors, subcontractors and suppliers, homebuilders, condominium associations and sureties in relation to all types of developments. Luis Prats heads the construction litigation practice, and has extensive expertise in complex commercial disputes. He is also a key driver in a niche Chinese drywall practice, which is devoted to representing clients facing warranty claims and lawsuits arising from the use of imported drywall, and draws on the firm’s experience in environmental regulation, toxic torts, legislative and regulatory compliance, product liability, indemnity and class action representation. For transactional work, key contact George Meyer is well respected by rival firms and highly regarded by clients, with a practice including advising on design and construction contracts, condominium law, Florida construction lien law, and construction contract administration. The transactional team has worked on high-profile projects nationwide including Los Angeles International Airport, UCLA Medical Center and the Orlando Marriott and Ritz Carlton Grande Lakes resort. Recent work includes advising the construction manager in relation to the $500m Barclays Center Arena in Brooklyn, which is intended to serve as a new home for the National Basketball Association’s New Jersey Nets; the firm assisted the client on negotiating the design-build contract with the project developer in 2009, and has since worked with the construction manager in handling various contract administration matters.
California-based Cox, Castle & Nicholson operates from offices in Los Angeles, Orange County and San Francisco, representing owners, contractors, developers, public agencies and design professionals in a wide range of construction claims and contractual issues. Kenneth Williams heads the transactional practice, and has extensive expertise in the hospitality industry. Edward Quigley and Frederick Kranz are the key contacts for litigation, handling construction claims, insurance coverage disputes, and general commercial disputes. The firm has experience in building and infrastructure projects including hospitals, power plants, highways, refineries, schools, residential developments and high-rise office buildings. Ongoing work includes representing a major owner and developer of high-end condominium, town-homes and mixed-use projects in multimillion-dollar delay and disruption claims, which arose in six different projects across southern California. The firm is also handling other disputes that surfaced during the construction and closeout of these projects, including title issues, lender disputes, non-disclosure allegations, entitlement issues, easement disputes and DRE issues. On the transactional side, the team is handling a number of hotel construction projects in California, including the Four Seasons Hotel in Beverly Hills and the Ritz Carlton in Half Moon Bay. The firm has niche teams for development risk management (including Chinese drywall matters); construction industry labor relations and employee benefits; and foreclosure, workout and lender liability.
The construction law group at Faegre & Benson LLP in Minneapolis has lawyers with ‘unique skill-sets’ dedicated to representing owners, contractors, subcontractors, product suppliers and sureties. The 26-strong team delivers ‘very appropriate advice’, and is ‘very good value for money’. It is active in national instructions while also handling a substantial number of projects overseas. The team is active throughout the Midwest region, and recently represented a major US utility company in a multimillion-dollar case in Colorado arising from the construction of a power plant. Transactional highlights included advising on construction law issues and negotiating contracts relating to the CapX2020 $1.6bn power line project, involving several hundred miles of high-voltage power lines to run from North Dakota and South Dakota across Minnesota and into Wisconsin; the firm is advising the 11 utilities which own the project. William Joyce leads the construction practice and is highly regarded by both peers and clients. Other names to note are Timothy O Brien, Patrick O’Connor, and former practice head Peter Halls. Bernard Nodzon was made a partner in 2010; he is part of the business litigation group and focuses on construction, real estate and eminent domain litigation.
‘Top-flight’ firm Farella Braun & Martel LLP has a strong presence on the West Coast, where the principal construction team is based in San Francisco. The 18-strong group represents public and private owners, contractors, subcontractors, suppliers and design professionals throughout the US. Handling a wide range of instructions in the public sector, it assists clients through the construction process from contract negotiation and project consulting through to dispute resolution. During 2010, the firm advised in relation to a number of hospital projects, most notably Highland Hospital (representing the county of Alameda, California). This instruction involved developing the design-build project delivery system, drafting and negotiating contract documents and defending against a bid protest by the unsuccessful design-builder on a $460m expansion of the hospital campus; the design-build contract was awarded in late 2009 and work will be completed in 2017. Out of state, the firm is representing The Hokuli’a Community Association and the Club at Hokuli’a in Hawaii on claims brought against the developer and bond surety for a master planned community in Hawaii; the team is prosecuting claims against the developer after it allegedly failed to complete its work under development agreements, and claims against the bond surety, American Motorists Insurance Company. Other key clients include AECOM and McCarthy Building Companies. Richard Van Duzer became chair of the construction practice in 2010, taking over from Adam Dawson. Deborah Ballati is known as a ‘very, very strong construction lawyer’; she has over 34 years of litigation experience, and is noted for her expertise in construction-related insurance matters.
Based in Los Angeles and Las Vegas, Gibbs, Giden, Locher, Turner & Senet approaches projects with the ‘absolute highest level of service and the team’s advice is always excellent and very well presented’. The firm has a core practice in handling construction law and public contracts, and since its establishment in 1978 has built a solid reputation in the planning, building and closeout of construction projects. With over 25 lawyers practicing construction law full time and a further 15 with experience in the field, the team represents national and international clients in transactions, litigation and ADR. Recent successes include a significant case for the city of Victorville in California, in which Carter & Burgess (now owned by Jacob Engineering Group) filed a $106,000 lawsuit against the city relating to disputed invoices on the failed Foxborough power plant project; after a counterclaim by the client, several years of litigation came to an end in 2010 with a unanimous jury verdict against the engineering company, awarding the client $52m. The firm has a three-year-old construction law and green building team (‘Green Matters’), led by Theodore Senet and set up in response to the national focus on sustainable building practices. This sub-group comprises four lawyers, all of whom are LEED certified professionals, and includes managing partner Richard Wittbrodt. For transactional work, Barbara Gadbois is recommended; she is ‘a top-notch lawyer – extremely responsive and achieves excellent results’.
‘First-class firm’ Hanson Bridgett LLP expanded its construction practice in 2010, through the addition of nine attorneys from dissolved Sacramento-based firm McDonough Holland & Allen PC. The absorption of this group, in Sacramento, assists the San Francisco office in implementing national standards for integrated project delivery, sustainable project development, lean design and construction, and building information modeling. The firm has niche expertise in handling cutting-edge digital technology and construction innovation, attracting high-profile instructions from clients such as NASA. Recent work includes advising Sutter Health on its $6.5bn construction program, which includes hospital projects such as California Pacific Medical Center. The program is the first major use of integrated project delivery in the US. The integrated form of agreement (a multi-party contract) approach is built around lean design and construction principles and has become the benchmark for new healthcare construction and the model used by hospitals across the US. Other services provided by the firm on this program include contract drafting and dispute resolution. Howard Ashcraft recently took over as chair of the construction group, and is a ‘skilled negotiator and good conceptualizer’. Former chair of the practice Jeffrey Chu is also recommended, as is the ‘unbelievably efficient’ Lisa Dal Gallo, who was promoted to partner in January 2011. The team is applauded for its ‘high level of service and collegiality; they get back to you quickly, with humor and with ideas that move the issue forward’.
Holland & Hart LLP predominantly handles instructions in Colorado and Nevada, with a strong regulatory practice in Washington DC. The construction group includes more than 20 full-time lawyers and has a strong focus on contentious matters, handling multiple cases for engineering firms and design professionals, among others. The firm is representing a Fortune 100, multi-industrial company on various disputes across the US, relating to engineering and design issues, bidding disputes and performance contracts. Work highlights also include a number of cases relating to hospitality projects on the West Coast; it is notably handling complex contract litigation relating to the development and construction of a well-known hotel in California, defending claims brought by the general contractor against the owner. Practice head Kevin Bridston represents both plaintiffs and defendants in a variety of construction, real estate, and commercial cases. He has handled appeals before the Colorado Court of Appeals, the Colorado Supreme Court, and the Tenth Circuit Court of Appeals. Aside from Bridston, a key contact is David Zimmerman, in Salt Lake City. In June 2010, the highly regarded Daniel Frost left the firm to join Snell & Wilmer LLP. In the same month, another significant departure took place at the Denver office when former litigation practice chair Scott Barker, who has experience in handling contentious work in the construction industry, left for Wheeler Trigg O’Donnell LLP.
The expertise at Moye, O’Brien, O’Rourke, Pickert & Dillon, LLP is ‘simply unmatched’; for some it is ‘the strongest construction firm in Florida’. Construction is the firm’s key focus and although it operates out of a single office, in Maitland, it has a strong geographical reach. In 2010 alone, the six-partner team handled large-scale projects from Louisiana to California. Recent non-contentious matters include assisting the master developer in the procurement process and contract negotiations for the multibillion-dollar development of Airport City at Miami International Airport, consisting of a station for a light rail system, retail space, a cruise passenger lounge, two skybridge walkways, a new hotel, an energy center, and a medical center; the firm is advising on design, construction, financing, and operation of the mega-development. Elsewhere, the firm successfully settled an arbitration for a general contractor regarding the construction of a water treatment plant in New Mexico. A major international supplier brought the case based on costs it allegedly incurred procuring materials that were delivered to the project. James Moye is ‘the best in the business’ and ‘tireless in his work ethic’, and Stephen Pickert and Sean Dillon are ‘extremely dedicated, professional and knowledgeable’.
Sutherland Asbill & Brennan LLP assists clients from all segments of the construction industry, including owners, developers, construction managers, contractors and building materials firms. The construction team handles disputes and transactional work on a national level, and has a strong reputation on the East Coast. The 22-strong team of litigation attorneys also focuses on helping clients avoid or minimize disputes by providing on-site assistance and establishing procedures for scheduling, cost tracking, record keeping and claim notification. Recent work highlights include acting for contractor Dynalectric in a lawsuit for an eight-figure amount arising from the construction of the famous Wynn Hotel in Las Vegas. On the East Coast the firm is handling a significant case for Bovis Lend Lease in resolving disputes arising from the deconstruction of 130 Liberty Street; this was the site of the former Deutsche Bank building in downtown Manhattan, and was the last building to be removed from Ground Zero. Jennifer Fletcher heads the construction practice and is well respected by her peers. With over 25 years of experience, she has litigated in more than 20 states and is also skilled in handling arbitrations and mediations.
Thompson Hine LLP has a sizeable construction practice in the Midwest, with 19 full-time construction lawyers located in Cleveland, Columbus and Cincinnati, and approximately 20 additional lawyers located in New York, Washington, Atlanta and other offices handling some construction matters. While the majority of work is undertaken in Ohio, the team handles instructions for URS Corporation from coast to coast; the firm has recently been acting for the design firm on contentious issues across the US worth tens of millions of dollars. The team represents builders, developers, architects, contractors and design professionals, and reaps praise for its ‘excellent bench strength and top value for money’ and ‘high level of construction competence’. It handles transactions and litigation, and is also assisted by six full-time design and construction professionals in a subsidiary business, Project Management Consultants, which offers ADR services. Recent work highlights include acting as partnering facilitators/mediators on Ohio’s $20bn school rebuilding program, currently the largest school building project in the US; the team has been involved in this project for the last decade and it is expected to continue until 2015. The firm also has a strong litigation practice, and handled disputes over claims involving the construction of a major upland raw water reservoir project in Fremont. Jeffrey Appelbaum leads the construction practice and is described by clients as ‘a star’, with a strong success rate in handling disputes. Patrick Sweeney is also recommended, as ‘a top construction contract lawyer’.
Oakland-based Wulfsberg Reese Colvig & Firstman specializes in commercial matters in the fields of construction, real estate, land use and litigation. Maintaining a strong reputation on the West Coast, it represents private and public entities in both moderate-sized developments and mega-projects, including airports, power plants, shopping malls and hospitals. The 15-lawyer construction team is ‘extraordinarily well-versed in construction litigation matters, very well prepared, and persuasive in discussing issues with the opposing party’. Recent work includes assisting a joint venture between multiple international EPC construction firms on numerous lawsuits and arbitration proceedings arising out of the construction of a private toll road and public highway connector system in San Diego. This high-profile dispute involves over 30 claims pending at the San Diego Superior Court and more than 40 claims presented to the Judicial Arbitration and Mediation Service. The claims total over $1bn and involve many issues including responsibility for delay, disruption and loss of productivity. While the firm is better known for its dispute resolution work, it also has a strong transactional practice. The team is advising a national healthcare facility provider on contract negotiations for the large-scale construction of new hospitals and medical centers throughout the US, notably a $1.4bn hospital facility in northern California. The name partners at the firm are highly regarded in the industry, in particular James Wulfsberg, who has an outstanding track record in litigation and attracts very high praise from clients. Stephen Cali is noted as ‘excellent on the contractual side and a very good negotiator’.
The ‘attentive, competent and extremely knowledgeable’ attorneys at Zetlin & De Chiara LLP serve as general counsel to numerous design and construction companies, assisting in all facets of the construction process from drafting and negotiating contracts to advising on risk management, and litigating when necessary. The 22-strong boutique is highly regarded in New York, and has three other offices nationwide. The team includes several LEED AP certified lawyers, and represents architects, developers, lenders, owners, engineers and contractors in both non-contentious and contentious matters. Founding partners Michael Zetlin and Michael De Chiara co-chair the team and are well respected among rival firms. Focusing on disputes and serving as an arbitrator at the American Arbitration Association, Zetlin is ‘a great lawyer who delivers mature advice’. His recent engagements include representing a developer in a multimillion-dollar dispute with a construction manager which arose during the development of a large condominium project. De Chiara is also a strong litigator, who also advises clients on contractual issues, financial affairs and general business matters. He has ‘excellent industry knowledge and connections’, and recently worked on matters relating to the World Trade Center area, including numerous cases for a world-renowned architect and a well-known engineering firm. He is also advising on the construction of a memorial project at the site.
Houston-based Andrews Myers Coulter & Hayes handles construction work across Texas, with additional strengths in commercial real estate, corporate transactions and business litigation. The lawyers, many of whom have over 20 years practice in the industry, advise construction contractors and real estate developers among a diverse client base, and handle a wide range of project types, including airports, condominiums, highways, pipelines and power plants. William Andrews focuses on construction-related claims, lawsuits, mediations and arbitrations, while Thomas Myers’ expertise spans transactions, insurance, risk management, surety workouts, litigation and arbitrations. In March 2010, the firm established a labor and employment practice to provide a more comprehensive service to its construction clients. The formation of this group saw the arrival of Anthony Stergio, who is a noteworthy litigator and member of the construction law section of the Texas Bar.
Arent Fox LLP’s construction group consists of 12 lawyers nationally, with the core practice in New York. The firm handles project documentation, litigation and contract administration, delivering ‘on-the-mark advice’ to a variety of clients including owners, developers and contractors. Clients assess the overall level of service as ‘outstanding’, and the lawyers’ industry knowledge as ‘superior to many legal practices’. The firm was selected by the New York Yankees to handle the construction contracts and supply agreements for the new Yankee Stadium; recent work on the $2bn project includes drafting and negotiating contracts, assisting on developing the contractor-controlled insurance program, and advising on claim issues. Eugene Scheiman and James Frankel co-chair the New York construction team. Scheiman is valued for his ‘practical and responsive’ service in litigation, ADR and business advisory services, while Frankel is recognized for his advice on front-end project structuring, transactional documentation, risk transfer and dispute resolution among other construction-related issues; he is recommended for his ‘in-depth knowledge and expertise’, and is ‘more than a lawyer, he is a trusted adviser’.
The construction group at Ballard Spahr LLP consists of 28 attorneys firmwide, primarily working out of the Philadephia and Baltimore offices. The team is closely linked with the firm’s real estate, environmental, litigation, business and finance, and labor groups across the US, assisting clients with construction-related issues involving contracts and litigation; it has ‘vast knowledge in the areas of design and construction and is always able to pull in specialized expertise when necessary’. The firm recently played a major role in completing the lease and construction documents associated with the new 1.5 million sq ft National Nuclear Security Campus for the National Nuclear Security Administration in Kansas City, and the client, CGA Capital Corporation, instructed the firm on a number of other issues relating to this high-value development, including financing, environmental due diligence and real estate matters. The project is expected to be valued close to $5bn and is one of the largest public-private projects ever undertaken by the US General Services Administration. Joint practice heads Mark DePillis and Alan Ritterband are ‘talented and enjoyable to work with’. Carl Roberts is also recommended, for his expertise in ADR and experience in litigating in federal and state courts.
Becker & Poliakoff, P.A. represent clients in both transactions and disputes, on projects ranging from single and multi-family residences to large commercial buildings, planned unit developments, and retail, industrial and government projects. With an ‘outstanding’ practice, ‘particularly in meshing the legal issues of construction and condominiums’, the firm handles construction instructions from its Florida offices, and has specialisms including procurement and lien law. In 2010, the firm acquired new client Carnival Corporation, the leading cruise line company, and advised it on various construction and design claims associated with the construction of the new port facility in Roatan, Honduras. Other recent work includes representing the owner of a multi-family commercial apartment complex in Tampa, Florida on construction deficiency claims against the original contractors, design professionals, subcontractors and suppliers. Of the 17-strong construction practice, 13 attorneys are board certified by the Florida Bar. Chair of the group Steven Lesser is recommended alongside Sanjay Kurian; both have substantial experience in the field of construction and have represented owners, developers, contractors, design professionals, and government entities. Other clients of the firm have included DHL, Commerce Bank and Duty Free Americas.
The services provided by Bricker & Eckler LLP are ‘worth every penny spent’. The ‘highly professional yet very pleasant-to-deal-with’ lawyers handle a large amount of public construction work, particularly relating to highway infrastructure and the healthcare industry in Ohio. The team of ten construction attorneys maintains strong connections to the Ohio School Facilities Commission (a multibillion-dollar school classroom facilities program); it represents school districts funded by the initiative, for which it has acted on over 60 projects, advising on a wide range of issues including funding, bidding, contracting, mediation and litigation. Recent work highlights include representing Metropolitan Sewer District of Greater Cincinnati on a number of issues; most recently the team prevailed in a bid dispute over a $6.5m construction contract, which was part of a $2bn public works program. The ‘outstanding’ Jack Rosati leads the construction practice and handles bid disputes, consultation of specifications, construction litigation and insurance coverage issues. Former chair of the group Michael Holman is also recommended, while at associate level, Douglas Shevelow is a noteworthy lawyer who focuses on infrastructure developments; he ‘easily grasps the issue in play and has a strong systematic approach’.
Canterbury Elder Gooch Surratt Shapiro & Stein P.C. specializes in serving the needs of construction clients in Texas. Since 1981, the boutique firm has been resolving disputes and handling transactional work for general contractors, subcontractors, owners, sureties, and construction industry trade associations. Areas of expertise include negotiating and drafting contracts, lien claims, bond claims and bid protests. Founding shareholder Joseph Canterbury is recommended for his expertise in construction, and has represented numerous clients in litigation and arbitration proceedings. David Surratt is also a key contact for dispute resolution, with a focus on mechanics’ liens.
Texas and Louisiana-based Coats Rose Yale Ryman Lee provides an ‘exceptional level of service’. Specializing in the areas of construction, sureties, real estate, litigation, public finance, affordable housing, labor and employment, insurance and government relations, the lawyers are ‘highly responsive and always available to discuss matters’. The firm’s principal office is in Houston, with four other well-resourced offices across Texas. In 2010, the firm gained the city of Sugar Land as a new client. It instructed the group on design-build issues relating to a $25m minor league baseball stadium, involving construction contracts, risk management analysis, program development, bond forms and associated infrastructure. A recent success in litigation was for the Houston Independent School District against a surety which refused to perform and claimed the work could not be completed on time; the team assisted the client in structuring a method to complete the work and recovered 95% of its multimillion-dollar damages claim. Key contacts at the firm are Michael Burnett and Patrick Gaas, who lead the construction practice. In May 2010, William Coats passed away; he was a member of the firm’s executive committee and former head of the 31-strong construction/surety group.
Cokinos, Bosien & Young handles transactional and litigation matters for clients across the industry, with offices in Houston, San Antonio and Dallas. The firm represents parties including owner/developers, general contractors, project managers, design professionals, subcontractors, material and equipment suppliers, sureties, insurance companies, and lenders. Recommended lawyers are Gregory Cokinos in Houston and San Antonio-based Stanley Curry. Cokinos has 28 years of litigation experience but also maintains a strong focus on contract negotiations, while Curry is highly regarded for his work across construction, environment, employment, and general civil litigation. In 2010 Courtney McKendrick, senior counsel in the San Antonio office, was elected as chair of the construction law section of the San Antonio Bar Association.
The ‘responsive’ construction team at Dorsey & Whitney LLP is ‘very well connected in the legal community, which is an asset to multi-party litigation negotiations’. It specializes in large-scale construction litigation and construction insurance, handling projects in a variety of sectors including energy, agriculture, healthcare and real estate. Recent instructions have come from Deltak (a subsidiary of Global Power), Enclos Corporation and new client Aker Solutions. In 2010 the firm successfully defended URS Corporation in around 120 separate lawsuits arising out of the 35W Bridge collapse in August 2007; the litigation (which totalled close to $500m) related to the contract between URS Corporation and the Minnesota Department of Transportation, involving the client’s ongoing fatigue study of the bridge at the time of the collapse. Co-head of the construction and design practice Jocelyn Knoll is recommended for her experience in handling both contentious and non-contentious mandates. She has an ‘excellent grasp of construction law issues and is very well organized’.
Clients praise the lawyers at Frost Brown Todd LLC as being ‘highly competent and reacting in an extremely timely fashion, with accurate and appropriate actions and recommendations’. The firm acts for owners, designers and sureties, while maintaining a strong focus on the representation of contractors. In 2010 the firm welcomed new associate Amanda Earl to practice construction law in the litigation department of the Cincinnati office. With construction lawyers located across Ohio, Indiana, Kentucky and Tennessee, the team is well resourced and provides advice on risk management, insurance and contract negotiation, as well as handling a wide range of disputes and claims. Recent headline work includes advising Louisville Arena Authority on the construction of the KFC Yum! Center, a 22,000-seat basketball and multi-purpose arena that opened in October 2010, on the Ohio River Waterfront; the team was involved in various aspects of the project, including government relations, construction dispute resolution and environmental issues. Other representative clients include Turner Construction Company, Baker Concrete Construction, Bowen Engineering and Ben Hur Construction. Scott Gurney is chairman of the construction practice and ‘knows the industry inside out’. John Higgins is also recommended, for his experience in construction litigation, and is ‘extremely competent and highly professional’; he has litigated across numerous US states and has argued cases in 64 of Ohio’s 88 counties.
The 50-strong construction litigation practice at Greenberg Traurig LLP consists of lawyers in 17 offices across the US. Part of a full-service law firm, the team is well equipped to handle every aspect of the construction process, including governmental, taxation, labor and employment, project finance, environmental/regulatory, bankruptcy, intellectual property and real estate matters. It represents designers, developers, construction teams, consultants and commissioning professionals, and maintains a strong green building practice. Orlando-based Michael Hornreich and Jeffrey Walsh in Phoenix co-chair the construction litigation practice and are highly regarded by peers and clients alike. For transactional work, James Miller is recommended; his extensive background in technology has led him to handling instructions involving design and construction contracts and advising on project delivery techniques for owners and contractors. Work undertaken by the firm in 2010 included representing several homebuilders in dozens of lawsuits and pre-suit claims involving allegedly defective Chinese drywall. The firm serves as lead counsel for the Homebuilders’ Steering Committee and as an active member of the Defense Steering Committee, and has defended more than 50 homeowner lawsuits in state courts throughout Florida.
King & Spalding LLP’s construction practice handles both national and international instructions from its offices in Atlanta, Austin, Houston, New York and San Francisco. The team consists of over 40 lawyers and is noted for its ‘broad expertise and excellent knowledge of construction’. Assisting clients through the entire development process, it is adept in both transactions and litigation. While the firm has a strong focus on global development, there are a number of projects keeping the firm busy in the US, particularly in the areas of energy infrastructure and mining. It is acting for Cheniere Energy in the drafting and negotiation of agreements for the addition of liquefaction services at an LNG facility in Louisiana; this high-value project, the first of its kind in continental US, will involve the construction of a bi-directional facility capable of liquefying and exporting natural gas, and will also import and regasify foreign-sourced LNG. On the litigation side, the firm successfully represented COMMISA, a wholly owned subsidiary of KBR, in an ICC arbitration; the tribunal granted $350m to the client (nearly all the claims at the requested amounts) in relation to the performance of a contract to design, fabricate, install and commission offshore a compressor platform and gas treatment platform for PEMEX Exploratión y Producción, a subsidiary of Mexico’s national oil company. The ‘loyal, honest and competent’ Scott Greer is a key contact, and leads the firm’s worldwide construction transactions practice.
Pillsbury Winthrop Shaw Pittman LLP substantially strengthened its construction offering in 2011, through the absorption of a group of lawyers from the dissolved Howrey LLP. Among the arrivals were the ‘exceptional’ John Heisse in San Francisco (former co-chair of construction at Howrey LLP) and the ‘very strong’ David Dekker in Washington DC. The team handles both contentious and non-contentious matters, representing owners, developers, engineers, general contractors, investors, design professionals, financial institutions and vendors, domestically and abroad. In disputes, the lawyers’ experience covers mediation, arbitration and litigation at all stages of the construction process. On the transactional side, the firm has advised on many of the country’s major construction projects, including San Francisco’s state-of-the-art baseball stadium. For advice on construction agreements, Scott Barat is the key contact, based in the firm’s McClean office.
Houston-based Porter Hedges LLP has expertise in insurance, transactions and disputes, handling complex development projects and representing clients in national and international arbitration. The firm has ‘a thorough knowledge of the construction industry in Texas’, and is praised as being ‘easy to work with’ and ‘well able to handle anything thrown at it’. David Peden, who provides an ‘outstanding level of service’, leads the 17-attorney construction group. He has extensive experience in litigation and arbitration of construction, insurance, surety and commercial issues. Allison Snyder is also highly regarded. She continues to assist Bechtel Corporation, in relation to contracts for the construction of large power plants and oil production facilities, and also advises various contractors and handles numerous disputes. Her ‘in-depth experience, tactical acumen and understanding of the construction industry are without parallel’. John Hawkins, Cynthia Holub and Denise Nestel are also recommended. Further clients of the firm include the city of Houston, Miner-Dederick Constructors and ICI Construction.
Sheppard, Mullin, Richter & Hampton LLP is recognized for its construction law advice and litigation on the West Coast. Typical instructions include negotiating and drafting contracts; advising on issues relating to California mechanics’ lien law; and handling construction disputes via arbitration, mediation and litigation. The attorneys are ‘very good’ and are appreciated for ‘taking the time to understand business issues’. The firm recently advised international resort developer Baha Mar Development Company on a $2bn resort in the Bahamas; the instruction involved advising on construction management, insurance coverage requirements and contractual matters. On the contentious side, the firm successfully represented Washington Group International (now the Washington division of URS Corporation) and its joint venture partner on claims brought by the owner arising from the turnkey design and construction of the Los Angeles to Pasadena light rail line. Hal Hamersmith and practice chair John Yacovelle are recommended.
Vienna-based boutique Smith Pachter McWhorter is well known for managing all facets of the construction process, from contract negotiation to dispute resolution, alongside a focus on dispute avoidance. Clients have included a wide variety of public and private owners, general contractors, EPC contractors, architects and engineers, equipment manufacturers and sureties. Concentrating exclusively on construction and government contracts, the firm has worked on some high-profile projects nationwide, notably Cape Canaveral’s Launch Complex 40 in Florida and the West Dam at Diamond Valley Lake Reservoir in California. Richard Smith is a key contact at the firm; he serves as a mediator and arbitrator, and handles a range of contract claims. Val McWhorter is also very well versed in construction law, with 30 years’ experience in the field.
The ‘highly knowledgeable and efficient representation’ provided by Vedder Price is ‘among the best in central America’. The 19-attorney construction team works very closely with the firm’s labor and employment and real estate groups, handling both litigation and transactions out of Chicago and New York. Recent work includes acting for Scheck Industrial Corporation in the prosecution of a $51m mechanics’ lien foreclosure action and breach of contract claims relating to boiler modification work at the Duck Creek Power Plant owned by Ameren Energy Resources Generating Company in Canton, Illinois. While the firm is known for its focus on construction litigation, the lawyers also draft complex EPC contracts, encourage litigation avoidance and advise clients in the energy and manufacturing industries. Practice chair Karen Layng is a ‘highly competent litigator, ranking among the top attorneys in the construction arena’, and Richard Pearse is also recommended, for his expertise in domestic and international infrastructure development and finance.
Winston & Strawn LLP has strong geographical coverage of the East Coast, handling instructions in Connecticut, New York, Massachusetts, New Jersey and Washington DC. In addition to preparing and defending construction claims, the team develops and negotiates contracts and handles project financing, bid protests and other matters surrounding the construction process. Able to respond with ‘great alacrity and agility’, the construction lawyers represent owners, contractors, design firms and sureties. The firm recently settled a case through ADR for a commercial nuclear utility; led by the ‘very knowledgeable’ Peter D’Ambrosio, the $400m default termination dispute related to a $1.2bn commercial nuclear plant decommissioning project. D’Ambrosio co-chairs the construction practice alongside David Romm in Washington DC and the ‘excellent’ Jeffrey Rosenstein in New York.
Austin-based boutique Allensworth & Porter has a team of ten attorneys, primarily representing clients in construction disputes. The firm is experienced in arbitration and litigation before state and federal courts, and also in drafting and negotiating construction documents. Founder of the firm William Allensworth is a noted litigator and has handled around 50 cases before Texas state and federal courts. Winston Wade Porter is also recommended; with over 20 years of experience in construction law, he represents clients in commercial, administrative, and professional malpractice defense matters. The firm also has a niche practice in professional liability, which defends architects, engineers and other design professionals.
Clients declare the ‘utmost confidence’ in Bracewell & Giuliani LLP, which represents a range of participants in the construction industry including contractors, engineers and architects, owners, developers, and remodeling facilities such as school districts and other public entities. The construction group ‘always keeps clients’ best interests foremost in its actions’, and is well regarded for construction defect cases, handling large and complex litigation in the US and internationally. Although the firm’s principal practice is from its various offices in Texas, it also acts for clients on a national level. Recent work includes a pending lawsuit relating to claims of alleged product and construction defects in various developments in Oklahoma and Florida; the firm is defending metal product manufacturer NCI Group in a multimillion-dollar case brought by self-storage facility provider Cannon Storage Systems over an allegedly defective roofing product. Clients praise Annalyn Smith for her ‘extensive knowledge of construction defect law’, and Phillip Sampson for his ‘great trial preparation and presentation’.
Bryan Cave LLP’s construction team advises clients from project conception to completion, advising on contracts and handling disputes. The firm continues to represent MEMC Electronic Materials, the global supplier of silicon wafers, in its construction projects domestically and abroad; the team has handled a number of expansion projects for the client and recently advised on the development of a new headquarters building in St Peters, Missouri. Other ongoing transactional work includes representing a large national retailer in relation to a variety of US constructions and related contract administration. Key attorneys include Steven Becker, who specializes in transactions, and JD Moore, who is a strong litigator with experience in the procurement and sale of construction services.
Praised for its dedication to construction and real estate law, Fabyanske Westra Hart Thomson has handled a wide variety of disputes and contractual issues for clients such as Hoffman Construction, Hunt Electric Corporation and Siemens Transportation Systems. Its lawyers have litigated in 49 states, but the firm maintains a strong focus on its home city of Minneapolis, representing clients on well-known projects in the area; examples have included Symphony Place, Mall of America and Minneapolis Convention Center. In 2010, Aaron Dean and Matthew Collins were elected officers of the Construction Law Section of the Minnesota State Bar Association, as vice-chair and secretary respectively. Martin Fabyanske and Dean Thomson are also recommended.
Boutique firm Ford, Nassen & Baldwin is dedicated to assisting clients across the construction industry spectrum, with strong practices in public procurement and sureties. The firm advises general contractors, subcontractors, owners and government entities on matters such as the negotiation and drafting of contracts, and construction disputes. The name partners are well known in Texas, in particular shareholder George Baldwin, who is recommended for his experience in disputes and in all phases of the public contracting process. Representative clients of the firm have included the city of Dallas, The Beck Group, Berger Construction and InfrastruX Group.
The construction practice at Jenner & Block LLP brings together lawyers in the firm’s national litigation department, across Chicago, New York, Washington DC and Los Angeles. The bulk of the firm’s construction work comes from the Midwest area, particularly Chicago, where it handles mechanics’ lien claims and construction defect cases as well as providing advice on non-contentious issues such as contract bidding and negotiation. Recent work includes acting for the University of Illinois in several multimillion-dollar lawsuits, settled favorably in 2010; the cases involved claims for construction and design defects in two student residence buildings, and for installation of defective concrete in a University multi-level conference center. Practice head Joseph Bisceglia is praised for his ‘exceptional in-depth knowledge of the construction industry and many years of experience’.
Kirkland & Ellis LLP represents developers, contractors, architects and engineers throughout the US and internationally. With a strong presence in Chicago and Washington DC, the construction practice is supported by further offices in New York and California. Recent work includes defending a case for Verizon in mass tort litigation based on claims brought by workers who performed repair, clean-up and other work to buildings damaged in lower Manhattan following the September 11 terror attacks; the case is estimated to be the largest pending mass tort litigation in the US, with thousands of cases filed against hundreds of defendants having been consolidated in the US District Court for the southern district of New York. A key contact for the firm is James Nowacki, a senior trial partner who handles national commercial litigation. His practice includes construction litigation relating to transportation, office building and manufacturing projects, as well as professional liability litigation involving architects and engineers, among others.
McCarter & English, LLP’s construction practice consists of 12 attorneys who practice construction law full-time, handling mandates primarily in the Northeast. The lawyers work closely with the firm’s real estate and environmental practice, which is comprised of 32 additional lawyers. Key contacts are Mary Jane Augustine and Robert Rubin. Augustine is the managing partner of the New York office and is LEED accredited, knowledgeable in the field of green building requirements, practices and procedures. Her focus is on transactions, including structuring the design and construction aspects of projects, and handling a wide variety of construction contracts. Rubin is better known for construction litigation, representing public and private owners, developers, institutions, sureties, project managers, construction managers, general contractors, designers and trade contractors. As well as litigating, Rubin also has substantial experience in ADR.
McKenna Long & Aldridge LLP primarily handles construction work out of its San Diego office and is bolstered by a strong presence in Atlanta. The firm handles all aspects of federal and state public projects, as well as commercial and private work for a variety of clients. The firm expanded in 2009 through the absorption of real estate and litigation lawyers from Brown Winfield Canzoneri Abram Inc, who now work closely with the construction team. Mark Budwig heads the construction group, and has focused on construction litigation for more than 20 years, representing design professionals, contractors, subcontractors and owners. In 2010, he successfully defended San Diego County Water Authority in $20m worth of claims asserted by a design-build contractor relating to the construction the $100m Twin Oaks Valley Water Treatment Plant. Penny Pittman Cobey is recommended for her expertise in public-private partnerships and transactional construction matters.
Monteleone & McCrory’s 15-lawyer team has strong expertise in construction law and construction defect litigation. Headquartered in Los Angeles with an additional office in Orange Country, the firm is well regarded on the West Coast. Although it represents numerous large general contractors, its client list also includes a variety of subcontractors, suppliers, architects, engineers, construction managers, developers, owners and public agencies. Headline projects for the firm have included the BART system in the San Francisco area, the Washington DC subway system, the Chicago Deep Tunnels project and the Tom Bradley International Terminal at Los Angeles International Airport. More recently the firm has represented many of the prime contractors involved in building the subway tunnels and stations (Red Line) and above-ground rail system (Green Line) for the Los Angeles County Metropolitan Transportation Authority. Los Angeles-based Patrick Duffy is a noteworthy lawyer, specializing in heavy engineering construction law.
Schottenstein Zox & Dunn Co., LPA typically handles instructions for contractors, subcontractors, owners and design professionals in Ohio, while undertaking some federal work out of state. Recent work highlights include representing a general contractor in a series of lawsuits arising from claimed construction defects on seven condominium projects in two states; the lawsuits involve more than 50 parties and include claims for damages in excess of $50m. Adept at handling transactional work as well as disputes, the team is also advising an alternative energy contractor on the construction of pilot projects for the commercial use of active and passive solar energy in the agriculture industry. The ‘excellent’ construction group delivers in a ‘timely manner’, and is co-ordinated by Michael Tarullo, who demonstrates ‘exemplary leadership skills’. Hansel Rhee is also a noted practitioner.
‘Top-notch’ firm Vinson & Elkins L.L.P. has a strong presence in Texas, with a primary focus on projects in the energy sector. The team consists of trial and arbitration lawyers with significant construction experience, and transactional attorneys who prepare construction contracts. Work highlights included successfully winning a case for EPC company Fluor Corporation and one of its engineers in an appeal against a Beaumont trial court judgment which awarded $100m in damages against the client; Beaumont Court of Appeals reversed the judgment, remanding the case for a retrial. Other construction clients include Bechtel Corporation, NRG Energy and The Port of Houston Authority. The practice is led by Ferguson McNiel, who has more than 30 years of broad litigation experience. Also of note is the ‘deal-savvy’ Karen Leigh Tucker White, who advises on contentious and non-contentious construction issues. Clients describe her as ‘very experienced and in the know’
Land use/zoning
Index of tables
Land use/zoning
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1
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2
- Akerman Senterfitt
- Allen Matkins Leck Gamble Mallory & Natsis LLP
- Ballard Spahr LLP
- Bilzin Sumberg Baena Price & Axelrod LLP
- Bingham McCutchen LLP
- Bryan Cave LLP
- Carlton Fields
- Coblentz, Patch, Duffy & Bass
- Cox, Castle & Nicholson
- Earl, Curley & Lagarde, PC
- Goodwin Procter LLP
- Manatt, Phelps & Phillips, LLP
- McKenna Long & Aldridge LLP
- Sheppard, Mullin, Richter & Hampton LLP
- Vedder Price
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3
- Bercow Radell & Fernandez PA
- Farella Braun & Martel LLP
- Fennemore Craig
- Fowler White Boggs P.A.
- Gibson Dunn
- Gunster Yoakley & Stewart
- Hopping Green & Sams PA
- Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
- Morrison & Foerster LLP
- Paul, Hastings, Janofsky & Walker LLP
- Pillsbury Winthrop Shaw Pittman LLP
- Venable LLP
- Withey Morris PLC
Leading lawyers
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- Jeffrey Bercow Bercow Radell & Fernandez PA
- Stephen Earl Earl, Curley & Lagarde, PC
- Christopher Garrett Latham & Watkins LLP
- Joseph Goldstein Holland & Knight LLP
- Nancy Linnan Carlton Fields
- Danielle Meltzer Cassel Vedder Price
- Lucinda Starrett Latham & Watkins LLP
- Steven Vettel Farella Braun & Martel LLP
DLA Piper LLP’s land use, development and government relations practice has a truly national presence, with lawyers across six offices coast to coast. Chicago partner Theodore Novak chairs the group, which handles contentious and non-contentious land use matters for a diverse client base. His team is advising on redeveloping the former US Steel Southworks site in Chicago, one of the largest brownfield sites in the US, into a lakeside community; in May 2010, $100m in public financing for the development was approved and work on the project is set to continue for the next two decades. Another highlight for the group was representing Pomona Valley Hospital Medical Center in California on CEQA (California Environmental Quality Act) and entitlement issues for the hospital’s 20-year expansion plan. The land use practice acquired a number of new clients in 2010, including the likes of BP America and Nestlé.
Representing developers and institutional clients from its New York office, Fried, Frank, Harris, Shriver & Jacobson LLP has a ‘first rate’ land use practice, with its lawyers noted for their ‘expertise, judgment and professionalism’. Melanie Meyers is singled out as being ‘at the absolute top of her profession’; she ‘knows more about the “ins and outs” of city building codes and zoning regulations than any other lawyer in the City’. She recently advised Google on land use and zoning of its New York headquarters. Stephen Lefkowitz is also recommended, and worked alongside Melanie Meyers and Richard Leland on the planning and development of the $5bn Atlantic Yards project in Brooklyn, representing Forest City Ratner Companies.
While Greenberg Traurig LLP’s land use attorneys are situated across a number of states, its Florida offices have historically been most active in land use work, with the firm covering the state’s main centers of Tallahassee, Fort Lauderdale, Miami, Orlando and Palm Beach County. Co-chair of the national environmental and land development practice Debbie Orshefsky is based in the Fort Lauderdale office. Aside from its Florida focus, the firm also handles a significant amount of work elsewhere in the US; recent work includes representing Brownfield Partners on the redevelopment of a large copper smelting facility in Colorado formerly owned by Asarco, which filed for bankruptcy in 2007; the remediation and redevelopment agreement implemented by the client was the first of its kind with any of Asarco’s remediation trusts formed following its bankruptcy.
‘Extremely involved in the intricacies of each component of the land-use and zoning process’, Holland & Knight LLP has a national presence and is extremely well resourced across the Mid-Atlantic region. Well known for advising on mixed-use projects, the team recently assisted Tejon Ranch and Tejon Mountain Village on the agreement to preserve approximately 240,000 acres of the Tejon Ranch in California in exchange for use of 30,000 acres for the development of a new town and resort in the area; Tejon Mountain Village is to be built on the largest privately owned land tract in California and is the state’s largest new resort project. The firm is currently working on environmental review issues and land use approvals. Practice heads Jennifer Hernandez and Whayne Quin manage land use mandates on the West Coast and in the Mid-Atlantic states respectively. Real estate head Janis Schiff and Miami-based partner Joseph Goldstein are also recommended.
Kramer Levin Naftalis & Frankel LLP has 20 attorneys based in its New York office, and is praised for its ‘real-world advice and technical legal guidance’. The lawyers have broad experience in land use negotiation, condemnation and litigation, and their expertise is ‘second to none’. The firm is a market leader in New York, currently working on a number of mega-projects across the state. A key client for the firm is Extell Development Company, which instructed the group on a number of high-profile land use matters, including the development of Riverside Center, a 3 million sq ft mixed-use project in Manhattan. Michael Sillerman and Paul Selver co-chair the practice and are well regarded by peers. Jeffrey Braun is also recommended, with a strong background in land use and environmental litigation.
Latham & Watkins LLP focuses on the development of commercial, institutional, residential, industrial and infrastructure projects throughout California and the West Coast. With a sizeable team of land use attorneys based in Los Angeles, San Diego and Orange County, the firm is able to handle high-profile instructions and large-scale developments. In the area of environmental litigation, ‘outstanding’ practice co-chair Christopher Garrett has a strong track record. Lucinda Starrett, who co-chairs the group alongside Garrett, focuses on administrative approvals, climate change projects and pre-litigation advice; she is noted for her ‘excellent technical knowledge and political prowess’, which is ‘the best in Los Angeles’. In 2010 the firm drafted the environmental impact report for NBC Universal’s long-term master plan for Universal Studios in Los Angeles, advising on environmental and land use issues concerned with the project, which will upgrade production facilities, bring new office space and refresh the Theme Park. Other mandates include a number of university master plans and alternative energy projects.
Akerman Senterfitt handles land use mandates from its New York City, Miami, Tallahassee and Orlando offices. The team, led by Neisen Kasdin, is active across both Florida and New York, bringing to bear significant experience in urban infill, mixed-use projects and developments of regional impact (DRI). The group recently represented a major retailer in New York on the re-zoning and expansion of its flagship store. Other headline work included assisting Consultatio Key Biscayne, an Argentina-based developer entity, in obtaining development permits and defending its site plan approval for a $150m ten-acre luxury oceanfront condominium project in Miami.
Allen Matkins Leck Gamble Mallory & Natsis LLP ‘really knows the land use market inside out’, and has become involved in important climate change initiatives in California. The group, which handles both land use transactions and litigation, is comprised of lawyers in five offices across the state and is chaired by Michael Durkee, William Devine and Sonia Ransom. Recent work includes continued assistance to First Industrial Realty Trust, involving securing entitlements for a 250 million ton aggregate mine in unincorporated Riverside County. Other work in the area includes acting for Anheuser-Busch in condemnation litigation, which includes a CEQA action against Riverside County.
Ballard Spahr LLP handles land use and zoning matters in jurisdictions nationwide, with lawyers handling mandates in both eastern and western states. John DiTullio and Tina Makoulian jointly head the team, and are based in Phoenix and Philadelphia respectively. Notable representative highlights included advising the National Center for the American Revolution on a $100m project involving land-use entitlement, zoning and permitting of a 130,000 sq ft museum with hotel, conference center and exhibit spaces; the team successfully defended challenges to the project’s zoning legislation in state and federal courts and negotiated land exchange matters with the National Park Service.
Although Bilzin Sumberg Baena Price & Axelrod LLP carries out all its work from its single office location in Miami and maintains a strong Florida focus, the firm is active in dealing with land use matters across a number of states. It successfully represented Bridgeport Landing in a mixed-use redevelopment project, to be situated on the 52-acre Steel Pointe peninsula in Bridgeport, Connecticut; the plans include a include a 2.6 million sq ft complex of approximately 1,100 apartments, among extensive retail, hotel and office space. The city of Bridgeport approved the plan after a competitive bidding process and construction is set to begin in 2011.
Bingham McCutchen LLP has a ‘deep bench in the land use field of California, providing thorough advice on the most complicated matters’ and assisting clients across the whole spectrum of development issues. Recent work includes advising Irvine Company on its ongoing entitlement efforts to convert the former Sony headquarters in San Jose; in 2010 the team represented the developer in obtaining entitlements to build approximately 1,600 apartments on the site. The firm also has a highly regarded environmental and natural resources practice, which works closely with the land use group on a number of project developments and CEQA issues.
Bryan Cave LLP’s land use lawyers, urban planners and registered architects are led by Robert Davis, who has 30 years’ experience in land use, historic preservation and environmental law matters. While the firm has a land use presence across many US states, its core practice is in New York, where the firm represents a number of municipalities and developers, including Gotham Organization in a 1.1 million sq ft development in Manhattan; the plans, which include 1,350 new apartments, retail space and a public school, required numerous land use approvals, a zoning map and special permits. The City Planning Commission and City Council recently approved the large-scale urban development, which will revitalize Manhatten’s Far West side.
Carlton Fields is firmly entrenched in the Florida market with six offices across the state and an additional office in Georgia. The core of the land use team is based in the Tallahassee office, although the firm also has a strong presence in Tampa. Chair of the group Nancy Linnan is very well regarded by peers and admired by clients for ‘combining technical knowledge with personal relationship skills when representing clients in front of the regulatory community’. The group is strong in transactional matters and is also experienced in land use litigation. It recently won a six-year-long case for a developer seeking approval of a mixed-use infill project for apartments and commercial use in Leon County.
Coblentz, Patch, Duffy & Bass is based in San Francisco and has 19 real estate and land use attorneys. A highly regarded full-service firm, it engages in some state-wide instructions but primarily has a regional practice; ‘for San Francisco land use work it is the best’. The firm has particular expertise in advising medical institutions, and is representing California Pacific Medical Center on a $2.5bn five-campus rebuilding project involving San Francisco’s largest private/non-profit hospital, which is currently in the entitlements process.
Cox, Castle & Nicholson has a highly regarded land use practice in both northern and southern California, handling contentious and non-contentious instructions. Leading individuals in the team include practice head Clark Morrison and former Morrison & Foerster LLP attorney Anne Mudge, who drives the firms focus on renewable energy projects. She handled CEQA compliance issues and permitting from local, state and federal agencies for Terra-Gen Power on the headline 1,500MW Alta Wind Energy Center in Tehachapi Pass; this is currently the world’s largest wind energy project.
Phoenix-based boutique firm Earl, Curley & Lagarde, PC represents developers throughout Arizona, assisting with zoning analyses, permits, variances, abandonments, site plans, subdivision plats and state trust land documents. The three founding attorneys each have over 25 years’ experience in land use law, and are highly regarded by rival firms statewide. They work alongside one associate and a team of experienced planners; together, they maintain strong links with municipal and county officials throughout Arizona, aiding regulatory processes. Blue-chip clients have included American Express, Bank of America and McDonald’s.
Goodwin Procter LLP’s land use attorneys practice in California and Massachusetts. The ‘very responsive, very accessible’ Boston team carries out work across New England and is led by Martin Healy. Recent work includes continued assistance to Federal Realty Investment Trust in connection with the largest-ever mixed-use development in Massachusetts. The deal involves $65m worth of stimulus act funding for infrastructure, parkland expansion and environmental commitments.
Manatt, Phelps & Phillips, LLP assists private and public landholders in obtaining permits and other entitlements on the West Coast. The firm has a strong focus on sustainable and green development, and is representing Hydrogen Energy International on the land use and zoning aspects of the creation of a unique hydrogen-based electricity generation power plant; the project has $300m worth of funding from the US Department of Energy and will power 150,000 California homes, while capturing 90% of the carbon dioxide the power plant creates.
McKenna Long & Aldridge LLP has a substantial concentration of lawyers handling land use law in California and Atlanta. The firm represents LNR properties and Hopkins Real Estate Group on land use matters, including defending entitlements challenged under CEQA for a public-private partnership to create Boulevards at South Bay in Carson; the project, which includes $120m of public funding, proposes to build up to 2 million sq ft of commercial space and 1,550 residential units. Practice head Tony Canzoneri and Atlanta partner Sharon Gay are recommended.
Sheppard, Mullin, Richter & Hampton LLP expanded its real estate, land use and environmental practice through two partner hires from Allen Matkins Leck Gamble Mallory & Natsis LLP, including the highly esteemed Jerold Neuman, who chaired the land use and government relations team at his previous firm. The practice has a strong reputation in California and has been lead counsel on some high-profile CEQA cases, including relating to the development of a mixed-use retail and hotel project at Lane Field. Other recent work includes instructions from Lennar Homes and Wal-Mart.
Vedder Price’s core land use team is in its Chicago office, and handles some multi-state mandates. A key client is Walgreens, which has instructed the firm on a number of local zoning approvals, all of which have been granted; the team has worked on 13 stores for the client, in eight different municipalities. Danielle Meltzer Cassel is highly recommended, for ‘her knowledge, competency, tact and finesse of political and governmental situations’.
Bercow Radell & Fernandez PA is a boutique firm based in Miami, with the majority of its workload in South Florida. Managing partner Jeffrey Bercow is highly regarded by peers, and led a groundbreaking project for Maefield Development to redevelop land in downtown Miami owned by McClatchy Corporation; the proposal (which is set to include LED media towers, a ten-storey parking garage and retail space) was approved following review and analysis of city, county, state and federal laws.
Chaired by Steven Vettel, Farella Braun & Martel LLP’s 12-strong land use practice handles all aspects of the entitlement process including redevelopment disposition, city development agreements, ground leases with public entities, rezoning and general plan amendments. The team recently prevailed in defending AF Evans Development in a CEQA lawsuit challenging the city of San Francisco’s approvals for 55 Laguna, the mixed-use development at the former University of California Berkeley Extension Campus in San Francisco.
Michael Phalen leads the land use team at Fennemore Craig, which handles mandates out of its Phoenix office. The firm is advising a premier hospitality real estate company on its ongoing land use and zoning work with the city of Phoenix, involving the Westin Kierland and Ritz Carlton Resort properties. Another client is Southwestern Power Group II, which the team is assisting on a number of proposed traditional and renewable energy projects.
Fowler White Boggs P.A. has 11 shareholders who practice environmental and land use law across Florida. The firm continues to represent Clear Springs on land use, zoning and permitting matters relating to its 18,000-acre development in Polk County. Clients describe Rhea Law and department chair Linda Shelley as ‘excellent’ and ‘would highly recommend them for any major land use work in Florida’.
Gibson Dunn predominantly handles land use projects in northern and southern California, with lawyers situated in San Francisco and Los Angeles. Work highlights included advising Universal Paragon Corporation in its negotiations to develop Brisbane Baylands, a project expanding over approximately 600 acres, including over 8 million sq ft of mixed commercial, office, retail, restaurant, and open-space uses.
‘Industry and local knowledge is always spot on’ at Gunster Yoakley & Stewart, which provides advice and handles litigation across a wide range of land use matters as well as issues relating to climate change and sustainable development. The 15-attorney land use practice in Florida is led by Brian Seymour and was bolstered by the recent arrival of Joseph Negron, formerly of Akerman Senterfitt. Clients include The Related Group of Florida and TD Bank.
Hopping Green & Sams PA is a Tallahassee-based boutique firm with over 50 attorneys assisting clients throughout the state on environmental, land use and government-related matters. The firm was founded in 1979 and has since built an impressive client list including Universal Orlando, Exxon Mobil, Lennar Homes and Gulf Power Company.
Lowndes, Drosdick, Doster, Kantor & Reed, P.A. is very well known in Florida, in particular for its capabilities in DRI work. The firm represented Cocoa Master Development (the owner of a 270-acre tract in the city of Cocoa) on amending comprehensive plans, creating zoning classification and withdrawing a DRI, all of which were approved by the City Council. Hal Kantor and Miranda Fitzgerald are recommended.
Morrison & Foerster LLP expanded its land use and environmental practice in 2010 through the recruitment of four new associates, and Christopher Carr was promoted to co-chair the group alongside Robert Falk. The firm’s largest concentration of lawyers is in San Francisco, although it has attorneys in five other offices across California handling land use matters. The firm continues to represent Shorenstein and SKS Investments on the environmental review and planning entitlements for the $1.5bn redevelopment of an outmoded business park in San Francisco Bay.
The ‘very knowledgeable’ land use team at Paul, Hastings, Janofsky & Walker LLP is primarily based out of its Los Angeles office, which includes three partners working on projects across California. The firm recently handled environmental impact issues and complex entitlements for Korean Air Lines on its redevelopment of the 900-room Wilshire Grand Hotel in Los Angeles; this $1bn proposal, to build a complex mixed-use development that will revamp downtown Los Angeles, was unanimously approved.
Full-service firm Pillsbury Winthrop Shaw Pittman LLP handles land use work in California. The team has been representing longstanding client Edward Homes since the 1980s. In addition to this and other advisory mandates, the firm also deals with land use litigation and is known for its expertise in environmental impact analysis.
Venable LLP represents land use clients across Washington DC, Virginia and Maryland, and ‘handles every challenge professionally and promptly’. It represented Vornado/Charles E. Smith (the largest landowner in the Crystal City area of Arlington County) in a number of matters including the master planning of Crystal City, proposing 40 million sq ft of mixed-use development.
Phoenix-based Withey Morris PLC is a boutique firm specializing in zoning and land use entitlements in Arizona. The team of attorneys and planners assists a diverse client base of owners, homebuilders and developers on a range of projects, which have included Ritz Carlton Paradise Valley and Century Plaza. Since the firm was founded in 1996, it has represented Exxon Mobil and Volkswagen, among others.
Real estate
Index of tables
Real estate
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1
-
2
- Cadwalader, Wickersham & Taft LLP
- Cleary Gottlieb Steen & Hamilton LLP
- Dechert LLP
- Gibson Dunn
- Greenberg Traurig LLP
- Katten Muchin Rosenman LLP
- Latham & Watkins LLP
- Morrison & Foerster LLP
- Paul, Weiss, Rifkind, Wharton & Garrison LLP
- Sidley Austin LLP
- Weil, Gotshal & Manges LLP
- Willkie Farr & Gallagher LLP
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3
- Arent Fox LLP
- Baker Botts L.L.P.
- Ballard Spahr LLP
- Bingham McCutchen LLP
- Bryan Cave LLP
- DLA Piper LLP
- Debevoise & Plimpton
- Dewey & LeBoeuf LLP
- Fulbright & Jaworski LLP
- Goodwin Procter LLP
- Haynes and Boone, L.L.P.
- Holland & Knight LLP
- Jones Day
- Kaye Scholer LLP
- King & Spalding LLP
- Kirkland & Ellis LLP
- Kramer Levin Naftalis & Frankel LLP
- Mayer Brown
- Pillsbury Winthrop Shaw Pittman LLP
- Proskauer Rose LLP
- Seyfarth Shaw
- Shearman & Sterling LLP
- Stroock & Stroock & Lavan LLP
- White & Case LLP
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- Akerman Senterfitt
- Allen Matkins Leck Gamble Mallory & Natsis LLP
- Andrews Kurth LLP
- Baker & McKenzie
- Bilzin Sumberg Baena Price & Axelrod LLP
- Clifford Chance
- Cox, Castle & Nicholson
- Cravath, Swaine & Moore LLP
- Faegre & Benson LLP
- Fennemore Craig
- Foley & Lardner LLP
- Freeborn & Peters
- Gardere Wynne Sewell
- Holland & Hart LLP
- Jones Waldo
- K&L Gates
- McKenna Long & Aldridge LLP
- Morris, Manning & Martin, LLP
- Orrick, Herrington & Sutcliffe LLP
- Sheppard, Mullin, Richter & Hampton LLP
- Sher Garner Cahill Richter Klein & Hilbert, L.L.C.
- Snell & Wilmer LLP
- Sullivan & Worcester LLP
- Sutherland Asbill & Brennan LLP
- Thompson & Knight LLP
- Thompson Hine LLP
- Winston & Strawn LLP
Leading lawyers
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- Leonard Boxer Stroock & Stroock & Lavan LLP
- Anthony Colletta Sullivan & Cromwell LLP
- Jay Epstein DLA Piper LLP
- Robert Ivanhoe Greenberg Traurig LLP
- Jonathan Mechanic Fried, Frank, Harris, Shriver & Jacobson LLP
- Benjamin Needell Skadden, Arps, Slate, Meagher & Flom LLP
- Greg Ressa Simpson Thacher & Bartlett LLP
- Jesse Sharf Gibson Dunn
- Joseph Shenker Sullivan & Cromwell LLP
- Steven Simkin Paul, Weiss, Rifkind, Wharton & Garrison LLP
The ‘fabulous’ 11-partner team at Fried, Frank, Harris, Shriver & Jacobson LLP predominantly operates in the New York market but also undertakes work across Illinois, Pennsylvania and Connecticut. It is considered ‘pre-eminent’ and a ‘deep’ real estate practice that is at the top of its game, mixing market-leading financing with sale-and-purchase transactions and development work. The widely acclaimed Jonathan Mechanic, who chairs the department, recently represented Condé Nast on its tentative 1 million sq ft lease at One World Trade Center. He also acted for Tishman Speyer and its affiliates on recapitalizing a segment of its Chicago property portfolio, in addition to restructuring $1.4bn of mortgage and mezzanine financing. Mechanic, Harry Silvera and Michael Barker represented a private equity investor consortium on its $3.92bn mortgage and mezzanine financing for the acquisition of the business and the assets of Extended Stay Hotels. Robert Sorin is accustomed to handling complex and high-value deals; he and Richard Leland represented Google on acquiring 111 Eighth Avenue, a 2.9 million sq ft building, as its New York headquarters. Leland, Stephen Lefkowitz and Melanie Meyers advised Forest City Ratner Companies on Brooklyn’s $4.9bn Atlantic Yards project. This 22-acre development comprises residential, commercial and community spaces and has involved participation from the Metropolitan Transportation Authority, the Empire State Development Corporation and the City of New York. Meyers, Ross Silver and Carol Rosenthal have also been involved with numerous matters for the Hospital for Special Surgery. The real estate group is augmented by a specialist land use and zoning practice.
Paul, Hastings, Janofsky & Walker LLP’s ‘outstanding’ 30-partner team provides an ‘insightful, diligent and creative service’. This ‘very strong team’ has ‘deep industry knowledge’, is ‘very experienced and very thorough’, and is ‘second to none in real estate’. It has offices in many major metropolitan areas across the US including New York and Washington DC, as well as California, Georgia and Illinois. The ‘fantastic’ Philip Feder chairs the real estate group, and is supported by vice chairs Robert Wertheimer (‘judgment, creativity and ability to negotiate effectively’), Daniel Perlman (‘great’) and Rick Kirkbride. Feder led representation of Oaktree Capital on its acquisition – with co-investors Toll Brothers and Milestone Merchant Partners – of a $1.7bn portfolio of 200 loans and 80 properties, located across California and 17 other states, from the Federal Deposit Insurance Corporation (FDIC). Feder also led a seven-strong team that advised TPG Capital on purchasing from ProLogis the Catellus name and a property portfolio for $505m. Kirkbride is representing Deutsche Bank in negotiating and concluding a management agreement for a $4bn mixed-use project known as The Cosmopolitan in Las Vegas, and acting for SBE Entertainment on restructuring $250m of debt and equity secured on the Sahara Hotel in Las Vegas. Feder, Kirkbride and the highly regarded Martin Edelman are representing Dubai World on several deals, including financing and restructuring of the City Center development in Las Vegas. The team also represented Istithmar, a Dubai World entity, on the purchase and associated restructuring of the W Hotel in New York City. Atlanta-based Ted Smith prepared complex foreclosure agreements on 1,000 properties for Bank of America and 800 properties for Wells Fargo. Charles Sharbaugh has ‘great leadership skills’, ‘always put the client first’ and is a ‘good finance lawyer’; he recently represented Wells Fargo on the workout of a cross-border transaction. Perlman represented ST Residential on several matters relating to its ownership of a $4.5bn portfolio of distressed loans and real estate owned (REO) properties. Bradley Ritter and Gregory Spitzer both ‘truly understand the needs of the client and the importance of providing an insightful and responsive service in order to achieve clients’ business objectives’; they represented Google in renegotiating a lease for a data site facility. Other recommended lawyers include the ‘very strong, smart and quick’ Bruce DePaola; the ‘great technical lawyer’ Robert Keane; and the ‘excellent transactional lawyer’ Peter Olsen.
Simpson Thacher & Bartlett LLP’s ‘strong’ four-partner practice completed a wide array of real estate financing deals and portfolio acquisitions during 2010. Based in New York, this ‘great’ team continued to act for longstanding client Blackstone and a number of its affiliates on several significant deals. It represented Hilton Worldwide and affiliates of Blackstone on restructuring the majority of Hilton’s existing debt by converting $2.1bn debt into equity and by purchasing and retiring $1.8bn debt. It advised affiliates of Blackstone on a $2bn deal concerning its agreement to manage Bank of America Merrill Lynch’s Asian real estate assets and to act as the new general partner for the Merrill Lynch Asian Real Estate Opportunity Fund. The firm also represented said affiliates on a joint venture with Emeritus and Columbia Pacific Advisors regarding a $1.3bn acquisition of a majority interest in a portfolio of 149 senior living properties located across 40 US states, as well as on a $500m equity investment in General Growth Properties. Finally, the firm advised on the acquisition of a $1bn mezzanine debt, which was secured against 14 US hotels owned by Columbia Sussex Corporation. The team also acted for The Carlyle Group to recapitalize the existing debt and equity secured against 650 Madison Avenue. Other clients include Morgan Stanley and Northwood Investors. Greg Ressa is highly regarded and is recommended along with Eric Quarfordt, who was promoted to partner in 2010.
Skadden, Arps, Slate, Meagher & Flom LLP is a ‘top-notch firm’ with real estate attorneys operating out of its offices in California, Chicago and New York. Deemed to be ‘superb in all areas’, this 16-partner department is particularly recognized as an ‘industry leader for real estate workouts’. Global practice leader Wallace Schwartz represented Société Générale Group in a complex three-party transaction concerning a 500,000 sq ft lease for its New York headquarters; and acted for BlackRock Realty Advisors on a high-value transaction involving internationally managed accounts and real estate funds. In support of the firm’s significant gaming practice, Schwartz also represented Penn National Gaming regarding gaming projects in New York, Ohio, Maryland, Kansas and Texas. The highly regarded Harvey Uris, global head of real estate finance, acted for JPMorgan Chase Bank and German American Capital on a $2bn mortgage loan origination to Paulson & Co and Blackstone Real Estate Partners VI for the acquisition of certain assets from Extended Stay. Uris also represented Toll Brothers on its acquisition of a 40% stake in AmTrust CADC Venture LLC from FDIC. The highly regarded Martha Feltenstein represented Fortress on its $1.7bn debt refinancing of Intrawest ULC and some of its affiliates. The ‘excellent’ and ‘technically strong’ Evan Levy represented Credit Suisse and its affiliate Column Financial on multiple bankruptcy and restructuring matters regarding credit facilities and loans secured on hotels, condominiums and casinos. Levy also represented Wynn Resorts on refinancing $1.7bn of mortgage notes, and on the modification and extension of a $782m syndicated bank credit facility secured against Wynn Las Vegas and Encore Las Vegas Casinos and Hotels. Benjamin Needell’s judgment and technical skills are of the ‘highest order’; he recently represented Larry Silverstein on the $2.6bn Liberty bond financing of the new third and fourth towers at the World Trade Center site. The highly regarded Neil Rock represented RREEF America REIT III and RREEF Global Opportunities Fund II on the restructuring of certain debt facilities. Meryl Chae represented Nationwide Health Properties in a $1.75bn transaction with Pacific Medical Buildings, which included the acquisition of a portfolio of medical office buildings and a 50% interest in a property management company. Allan Mutchnik – who is outside counsel to Harbor Freight Tools and Activision Blizzard – is recommended, as is Vered Rabia.
Sullivan & Cromwell LLP’s dynamic real estate group fields ten partners and is suitably equipped to move with changing market conditions. Operating from New York, Washington DC and California, the team has been busy advising on sovereign wealth fund transactions, forming real estate opportunity funds and acquiring real estate advisory companies. The practice’s expertise encompasses debt restructuring, acquisitions and dispositions, and distressed and strategic debt purchases as well as capital markets and funds work. The highly regarded Joseph Shenker and Anthony Colletta worked alongside Hydee Feldstein to advise Apollo Global Real Estate, one of the lead mezzanine debt holders, on the mortgage and mezzanine CMBS debt restructuring of Hilton Worldwide. Colletta and Arthur Adler represented Goldman Sachs, as the junior debt holder, on the workout of debt secured on the Planet Hollywood resort and casino in Las Vegas. On the borrower front, the firm represented the Mara and Tisch families on refinancing part of the debt on the $1.6bn joint venture development project for New Meadowlands Stadium. The team acted for Pershing Square and Fairholme Funds on their $3.8bn joint venture investment in General Growth Properties to facilitate its emergence from bankruptcy. Adler also led a team that represented Toys “R” Us on its two public issuances of an aggregate $2bn secured and unsecured high-yield bonds involving 488 properties. Other representations included acting for key client Vornado Realty Trust on its sale of $660m worth of ten-year mortgage notes in a single-issuer securitization, with 40 Midwest shopping centers as collateral. The firm also successfully defended Vornado in litigation against Donald Trump regarding the sale of Manhattan’s Riverside South properties.
Wachtell, Lipton, Rosen & Katz’s high-end real estate practice operates as an adjunct to the firm’s 25-member corporate group. The team, comprising partners Stephen Gellman and Robin Panovka plus eight other attorneys, routinely represents some of the most powerful clients on large and complex deals across the US and is renowned for its REITs M&A and transactional work. The team represented Simon Property Group on several major matters including its proposed $6.2bn acquisition of Capital Shopping Centers Group plc; its $31.6bn offer to acquire General Growth Properties; and its $2.3bn acquisition of Prime Outlets Inc. The practice acted for Ventas on its $2bn acquisition of Sunrise Senior Living REIT and on its pending $3.1bn acquisition of Atria’s senior housing portfolio. The firm continues to advise Sunrise Senior Living on ongoing restructuring matters. It acted for joint venture partners Tishman Speyer and Lehman Brothers on the $22.2bn acquisition of the leading apartment company Archstone-Smith. The team continues to represent Silverstein Properties, an important and longstanding client, on matters relating to the redevelopment at the World Trade Center. The team represented Morgan Stanley on multiple deals in 2010, but one deal of particular note was its involvement in the Revel project, a large casino and hotel development in Atlantic City. Other key deals included representing Kimco Realty Corporation on its $4bn acquisition of Pan Pacific Retail Properties; acting for Reckson Associates Realty Corporation on its $6.2bn sale to SL Green Realty Corporation; and representing Public Storage on its $5bn hostile acquisition of Shurgard Self Storage. The team also advised The Mills Corporation on its $7.9bn sale to Simon-Farallon and acted for Innkeepers USA on its $1.5bn sale to Apollo. Other clients include Starwood, Four Seasons Hotels, Penn National Gaming and Hometown America.
William McInerney leads Cadwalader, Wickersham & Taft LLP’s commercial finance and capital markets driven real estate team, which includes eight partners located in Washington DC, Charlotte and New York. The team is particularly strong on the securitized lending front, although the economic downturn has reduced that line of work, and it remained active with restructuring and new deals. It represented JPMorgan Chase on a number of key transactions, including a post-bankruptcy $2bn financing of the Extended Stay Hotel chain and the restructuring of a $2bn bridge loan facility to an affiliate of Centro Properties Group. The practice also acted for a syndicate of lenders, comprising 26 banks, on the restructuring of $22bn of debt in connection with the acquisition of Hilton Worldwide; and for another syndicate of lenders on the restructuring of $1bn debt involving Harrah’s Casino. Also, the team represented Wells Fargo and Bank of America Merrill Lynch on the financing of Dividend Capital’s $1.6bn acquisition of the iStar credit-tenant office portfolio. In a novel transaction involving CMBS and tax-exempt Liberty bonds, the group advised Bank of America Merrill Lynch and JPMorgan Chase Bank on a $1.3bn financing secured on One Bryant Park, a prominent office tower in New York. The team also completed various transactions for HSBC, Westbrook Partners and Royal Bank of Scotland. James Hassan is a ‘terrific’, ‘excellent’ transactional attorney, while John Zizzo demonstrates strong industry knowledge and an ‘ability to evaluate – and provide a strategic perspective – even in the most complex of situations’.
Cleary Gottlieb Steen & Hamilton LLP’s New York-based, five-partner team provides a ‘fantastic level of service’ and has both a national and international footprint. Its recent work includes distressed real estate investment, innovative loan restructuring transactions and new lending and development projects. It also has a deep private equity practice. Michael Weinberger, who has an ‘exceptional knowledge base’, recently represented Maiden Lane and the Federal Reserve Bank of New York in connection with Extended Stay Hotels’ Chapter 11 filing. He also represented Colony Capital and Och-Ziff as lenders on the mezzanine loan origination of Extended Stay Hotels’ bankruptcy exit financing. Steven Wilner and Kimberly Brown Blacklow acted for Istithmar – an affiliate of Dubai World – on the complex restructuring of $800m secured on the iconic Fontainebleau Miami Hotel. Steven Horowitz and Wilner also successfully advised Genting New York LLC on a competitive bid process with the New York State Division of Lottery for the development of an entertainment destination with 4,525 video lottery terminals at the Aqueduct Race Track in Jamaica, Queens. The team represents Goldman Sachs on a regular basis; one recent transaction involved the restructuring of $4.5bn senior and mezzanine financing secured on properties leased to Karstadt department store chain. Weinberger and Blacklow also advised Goldman Sachs on loans made to, and the bankruptcy of, General Growth Properties. The team has a sizeable book of business relating to Latin America. Other key clients include Whitehall Funds, TPG Capital and Citigroup.
Dechert LLP’s 80-attorney real estate team operates from offices in New York, Hartford, Charlotte, Boston, Philadelphia, Orange County and San Francisco. This ‘knowledgeable, creative and business-friendly’ team ‘does not unnecessarily overstaff transactions’, and is praised for its high level of professionalism. Laura Ciabarra recently represented junior investors on the restructuring of Blackstone’s acquisition of Hilton Worldwide, which resulted in the retirement of $1.8bn of debt and the conversion of $2.1bn of junior mezzanine debt to preferred equity. Ciabarra also advised the investment arm of a foreign government on its $1bn financing of the Hard Rock Hotel and Casino in Las Vegas, and represented the investment arm of a foreign government in litigation related to its $4.4bn financing of the Peter Cooper-Stuyvesant Town project in New York. David Forti acted for Fortress Investment Group and Flagler Development Group in a traditional real estate transaction involving the origination and standalone securitization of a $460m fixed-rate mortgage loan provided by Bank of America Merrill Lynch. Forti represented H/2 Capital Partners on its acquisition of the B piece of JPMorgan Chase’s C-2 CMBS securitization, a transaction valued at $1bn and comprising 30 mortgage loans secured by 47 properties. Joseph Heil is a very active figure in the CMBS market and is representing several special servicers on various transactions valued between $500m and $1bn. He also acted for the owner-operator of around 260 nursing homes on the $1.3bn refinancing of its debt facilities. Recent arrival Laura Swihart, who joined from Winston & Strawn LLP, bolstered the group’s structured finance capabilities and experience in securitization, loan acquisition and disposition, leveraged financing and loan origination.
Gibson Dunn has a broad national presence with real estate attorneys working out of its offices in California, Texas, Colorado, New York and Washington DC, in addition to closing deals across the whole of the US. The ‘outstanding’ Jesse Sharf and Fred Pillon co-chair the 17-partner practice group. Sharf has a diverse practice encompassing operators and developers, lenders and investors. He and Andrew Lance completed several key property acquisitions for Rockpoint Group, including that of an office and retail project in Washington DC; a converted condominium project in Orange County; and a development project in Phoenix. Sharf also represented Paulson & Co as a participant in the acquisition out of bankruptcy of Extended Stay Hotels. Pillon represented Barclays Capital and HSBC on restructuring matters, and Pacific Coast Capital Partners on the restructuring of numerous projects, and on new equity investments and loan purchases totaling over $1bn. Lance represented German American Capital Corporation, a Deutsche Bank subsidiary, on its acquisition of an existing $250m mortgage on 3 Columbus Circle in Manhattan. Lance also represented Felcor, a large hotel REIT, on a management agreement relating to its recent acquisition of Fairmont Copley Hotel in Boston. The highly regarded David Furman represented Investcorp on multiple restructuring transactions involving hotel, office and retail properties throughout the US, and acted for a $1bn fund sponsored by Investcorp Real Estate Group on the acquisition of senior loans, mezzanine loans, CMBS and B-pieces. Other clients include Wells Fargo, Oaktree Capital, Lehman Brothers and Fortress Investment Group. Los Angeles-based Drew Flowers is a ‘very strong attorney’ and a ‘strong advocate for his clients’.
Greenberg Traurig LLP’s 24 offices across the US lend its real estate practice excellent geographical coverage. The firm’s capabilities include real estate finance, fund formation, REITs, sale and purchase transactions, commercial leasing and various types of commercial property development. The firm also has FDIC-related experience and closed many loan pools in 2010. The ‘terrific’ Robert Ivanhoe chairs the 170-member team, which advises on all facets of real estate work and was bolstered by the recent addition to its Chicago and Orange County teams of several attorneys from Mayer Brown. Ivanhoe led a multi-office team advising Dividend Capital Total Realty Trust on the complex $1.4bn acquisition of a 32-property portfolio from iStar Financial. Thomas Galli, David Bolen and Kenneth Sklar represented Colony Capital in a PPP with FDIC to acquire a controlling interest in a $1.85bn portfolio containing 1,700 loans secured by commercial real estate property located throughout 25 countries. Galli and Bolen also represented Square Mile Capital on another FDIC structured transaction. James Caserio and Corey Light, who provides an ‘excellent service’, acted for Kimco Realty Corporation and its joint venture partner BIG Shopping Centers to acquire 15 shopping centers for $422m. The firm represented commercial office property investor SL Green Realty Corporation on several key deals concerning prime assets in New York. These deals included the $193m acquisition of 600 Lexington Avenue and the property’s subsequent $125m refinancing; the acquisition of 125 Park Avenue for $330m; and the purchase of the senior debt on 510 Madison Avenue. Michael Fishman is also highly regarded.
At Katten Muchin Rosenman LLP, David Bryant chairs the 56-partner national real estate team that is located in the firm’s Los Angeles, Chicago, Washington DC, New York and Charlotte offices. The team has represented many high-profile clients on high-value deals during 2010, including California National Bank on a $2bn transaction involving loan modifications, workouts and foreclosures on hospitality, condominium and land development projects. Gregory Pierce and Kenneth Jacobson represented iStar Financial on the $1.35bn sale of 32 properties to various subsidiaries of Dividend Capital Total Realty Trust, and also advised on $105.6m mezzanine loans as part of the financing. Daniel Huffenus represented JPMorgan Chase Bank with respect to $600m CMBS loans; and Inland Western Retail Real Estate Trust on the recapitalization of its portfolio, which involved a significant equity raise and a $550m CMBS debt offering. Other key clients include Citigroup Global Markets Realty Corporation, Eurohypo AG and ST Residential. Recent arrivals to the team include Christina Hassan from Hogan Lovells US LLP and Alvin Katz from Mayer Brown.
James Hisiger chairs the ‘robust’ global real estate team at Latham & Watkins LLP, which clients describe as a ‘great team with great people’ who are ‘very responsive and thoughtful’. The department has experience in capital markets; leasing, acquisitions, dispositions and investments; joint ventures; financing, workouts and restructuring. Drawing upon CMBS loan and mezzanine debt expertise, Hisiger led a team advising REMIC trust, one of the largest special servicers, on the $7.4bn bankruptcy of Extended Stay Hotels. Hisiger also represented the healthcare company ManorCare on its $3.1bn recapitalization and refinancing of seven mezzanine loans and a mortgage loan, secured by 324 facilities in 34 states. Other key deals included representing NRG and Citigroup Global Markets on amended and restated mortgage-backed bank financing for multiple power-generating plants across nine states. Dara Denberg and Stephanie Kuhlen represented Caesars Entertainment Inc. on their $1bn joint venture arrangement with Rock Gaming to develop casinos in Cleveland and Ohio and both were also counsel to a joint venture for a potential gaming project in Massachusetts involving an investment by Caesars and engagement of Caesars as the gaming manager. The team has also acted for clients restructuring portfolios of senior living facilities across the US. On the lending front, Michelle Kelban represented Goldman Sachs on a fixed-rate securitized loan secured by 21 retail properties located in 14 states. The ‘respected’ Don Berger and Kim Boras also advised Goldman Sachs on various workouts and refinancing transactions for hotel sector clients; and continue to represent Deutsche Bank, as administrative agent, on the restructuring and workout of two mortgage loans totaling $900m to affiliates of General Growth Properties. Bruce Shepherd advised City Creek Reserve on the redevelopment of a mixed-use project in Utah, comprising six residential towers, 800,000 sq ft of retail stores and around 5,000 parking spaces. Dara Denberg and Stephanie Kuhlen were recently elected to the partnership.
‘Among the strongest firms, primarily because of their extensive transactional experience’, Morrison & Foerster LLP fields attorneys on both coasts who work together on deals across the US. The group includes 45 partners and is supported by a busy land use group in California. New York-based Mark Edelstein chairs the real estate finance and distressed real estate practice and co-chairs the firm’s global real estate group with Los Angeles-based Marc Young. Edelstein, Christopher Delson and John McCarthy represented co-agents Bank of America and Bank of New York Mellon on the highly complex, multi-tier structured refinancing of Bank of America’s new headquarters, which involved a $1.3bn Liberty bond commercial construction loan. Edelstein, Brett Miller and Larren Nashelsky are representing Eurohypo AG and a multi-lender steering committee on the restructuring of loans to, and bankruptcy of, General Growth Properties; and represented Wachovia Bank and Wells Fargo on various matters related to the Extended Stay Hotels bankruptcy. The team widely advises JPMorgan Chase, including on the financing and restructuring of its $1.1bn revolving credit and letter of credit facility to Lennar Corporation. Edelstein and Young also represented the client on the restructuring and enforcement of a $635m land acquisition and development loan to a consortium of major public and private homebuilders for a master-planned community in Nevada. Peter Aitelli represented Brookfield Asset Management in the restructuring and foreclosure of a $240m mortgage loan secured by a 42-story “class A” office building in San Francisco. In litigation, Thomas Fileti, Henry Fields and Seth Hufstedler defended MGM Mirage in an action brought by its joint venture partner Dubai World concerning the $8bn CityCenter project in Las Vegas. Other clients include Credit Suisse, RIDA Development and Hines. Philip Levine is ‘smart, humble, quick and precise’ with an ‘unbelievable memory for details and an ability to get to the point quickly’.
At Paul, Weiss, Rifkind, Wharton & Garrison LLP, the highly regarded Steven Simkin heads an ‘excellent’, five-partner team based in New York that advises clients on deals in various states, including New York, Ohio, Texas, California and Tennessee. The team exhibits ‘strong industry knowledge’. The ‘very analytically minded’ Peter Fisch represented Prime Outlets Acquisition Company, a portfolio company of The Lightstone Group, on the $2.3bn sale of its outlet shopping center business to Simon Property Group. Harris Freidus acted for joint venture owners of the iconic Fontainebleau Miami Beach Hotel on its out-of-court $840m restructuring settlement. Simkin and Fisch recently represented SL Green Realty Corporation on a $500m transaction involving a joint venture recapitalization of the office building at 1775 Broadway, a site also known as 3 Columbus Circle. Simkin and Fisch also represented Citigroup Global Markets in litigation against subsidiaries of The Pyramid Companies concerning mortgage and mezzanine loans secured by the Carousel Center Mall in Syracuse, New York. Meredith Kane acted for the Metropolitan Transportation Authority on a $1bn deal involving the sale of airspace over its 26-acre West Side Railyards. The firm also represented Memorial Sloan-Kettering Cancer Center regarding its proposed development of a large and unique facility for New York State’s first proton center to treat cancer patients.
Sidley Austin LLP has a national practice focusing on capital markets and finance orientated elements of the real estate industry. During the economic downturn the firm utilized its strong bankruptcy practice to support the emergence of a complex workout practice. Overall, more than 80 attorneys provide an ‘outstanding service’ from seven offices across Illinois, New York, Texas, California and Washington DC. Marc Hayutin, Lee Smolen and Alan Weil co-chair the global real estate group. Mark Poole – ‘prompt, practical, efficient and reasonable’ – and Martin Gold represented Delta Air Lines in a PPP concerning the development of three terminals at John F Kennedy International Airport. The project is to be funded with $825m tax-exempt bonds issued by the Port Authority of New York & New Jersey; federal Transportation Security Administration funds; passenger facility charges; and funds from the company. Weil acted for the City of New York on the transfer of control of Brooklyn Bridge Park from an entity controlled by the State of New York and on the negotiation of long-term ground leases for the park. He also represented Canada Pension Plan Investment Board on forming a joint venture with SL Green Realty Corporation and on the acquisition of 600 Lexington Avenue. Smolen, John Rafkin, James Seery, Paul Walker, Bruce Fraser and Philip Spahn all represented Wells Fargo Bank on transactions during 2010, including restructurings and foreclosures. These included a successful $1.4bn restructuring transaction involving collateral consisting of a portfolio of Chicago office buildings; and a successful $1.5bn restructuring transaction secured by 25 hotel properties across the US. Smolen and Michael Gordon represented Starwood Capital on the $509m acquisition from Teachers Insurance and Annuity Association of America of a portfolio of mortgage loans and B-notes secured on retail shopping centers and office buildings in ten states. Other clients include RREEF America LLC, Credit Suisse and NorthStar Realty Finance.
Weil, Gotshal & Manges LLP’s real estate group is co-chaired by the New York pair of Philip Rosen and Michael Bond. Bond represented Lehman Brothers, as debtor-in-possession, in a multibillion-dollar restructuring involving commercial real estate assets. Rosen, Malcolm Landau and Frederick Green represented General Growth Properties on various matters during its bankruptcy including the $8.5bn recapitalization transaction involving Brookfield Asset Management, Fairholme Capital Management and Pershing Square Capital Management. The team also created a unique restructuring plan to handle the stack of mezzanine debt held by Extended Stay Hotels and its affiliates, which allowed the client to emerge from bankruptcy under the ownership of a group led by Centerbridge Partners, Paulson & Co, and affiliates of The Blackstone Group. Rosen also recently represented Trump Entertainment Resorts in a high-profile bankruptcy reorganization of a casino; the reorganization plan came into effect by way of a successful confirmation hearing, demonstrating the firm’s capabilities in litigation. New clients of the group include Centro Retail Trust, Tishman Speyer and NorthStar Investments.
Eugene Pinover and Steven Klein co-chair Willkie Farr & Gallagher LLP’s real estate department. The five-partner team, which includes newly promoted David Drewes, represents a wide array of clients including developers, public and private companies, institutional investors, banks, private equity sponsors and hedge funds. The team is advising Brookfield Asset Management on its sponsorship of a standalone plan of reorganization of General Growth Properties, which involves the bankruptcy court permitting it to enter into investment agreements with Pershing Square Capital Management, Fairholme Capital Management and also a Brookfield affiliate. The team is also representing one of the leading bidders in the sale process for Centro Properties Group, a transaction that is expected to be one of the largest in 2011. It is also acting for Citigroup on two significant deals: advising the client on its position relating to its $6.5bn CMBS and mezzanine loan to Harrah’s, and on its $880m mortgage loan commitment to a consortium led by Starwood Capital concerning the Extended Stay Hotel portfolio auction. The team represented a consortium of private equity funds on the restructuring of its $1bn senior mortgage debt relating to the construction of Meadowlands Xanadu shopping and entertainment center. The team has completed several complex transactions for Sunrise Senior Living in 2010 including the restructuring of multiple exiting loan agreements and joint venture agreements – both for standalone assets and asset portfolios – all with the view of streamlining its operations and focusing its efforts on core assets. The team represented DiamondRock Hospitality on a number of debt and equity asset acquisitions and worked for a real estate investment firm on two recapitalizations totaling $600m involving the trophy buildings 650 Madison Avenue and 6 Times Square. The team is also representing a group of private equity funds regarding a proposed $1.1bn acquisition of timeshare loans. The firm also advised longstanding client Goldman Sachs, Lehman Brothers, Boston Properties and new client King Street Capital Management.
Arent Fox LLP’s 35-partner real estate group is based in Washington DC and New York. Clients regard the team as ‘superlative, highly professional and extremely good value for money’, as well as ‘responsive and very knowledgeable about the myriad of issues facing a real estate developer’. Keith Styles and Kimberly Wachen co-chair the Washington DC team, while David Dubrow and the ‘pragmatic, diligent and tenacious’ Jacqueline Weiss share the lead in New York. Mark Katz continues to represent Goldman Sachs in various real estate transactions including acquisitions, development and dispositions of commercial single assets and portfolios, and on the workout and restructuring of sub-performing and non-performing loans. One particular deal involved the recapitalization of a six-asset, multi-family portfolio located in four states and valued at $246m. The team has niche expertise regarding sports arenas, and David Osnos and Richard Brand continue to represent the Pollin family, owner of the Washington Wizards NBA franchise and a client of the firm for over 50 years, on all real estate matters. The firm recently represented the family on selling its majority interest in Washington Sports & Entertainment Limited Partnership to Lincoln Holdings. The firm’s strength in the leisure and hospitality field saw Wachen and Joseph Fries called on to represent Marriott International on several developments, financing and joint venture related deals around the US. Gerard Leval represented RLJ Development, a major hotel and real estate developer, on approximately 150 transactions totaling $3bn including multiple hotel acquisitions and financing. Drawing upon the team’s experience in the senior living and long-term care sector, the team represented Sunrise Senior Living – a longstanding client – on the $204m sale of 21 assisted living communities in 11 states to an affiliate of Brookdale Senior Living. The New York-based team recently advised Fannie Mae on its participation in the Obama administration’s $25bn plan to stabilize the US housing market.
Patricia Stanton succeeded senior counsel Marley Lott as head of Baker Botts L.L.P.’s real estate department. Meanwhile, Fred Dunlop now practices under the title of senior counsel and Jeremy Gott was promoted to partner. Clients commend the team for its ‘excellent work’, ‘responsiveness’ and ability to act as ‘business advisers when needed’. Paul Landen represented Master Development LLC in a PPP involving the development of CityCenterDC, a 2.5 million sq ft mixed-use project in Washington DC. Stanton represented regular client Hines on construction financing and development for 300 North LaSalle, a 60-story “class A” office tower in Chicago. The financing was provided in the form of a traditional first lien loan from a syndicate of banks led by JPMorgan Chase and a mezzanine loan from another source. After development, the firm’s remit expanded to the subsequent sale of the property, which was purchased by a REIT sponsored by KBS Realty Advisors. Jonathan Dunlay represented BremnerDuke Healthcare Real Estate on its development and leasing at its new 470,000 sq ft cancer center in Dallas. Clients also recommend Robert Wright.
Michael Sklaroff chairs Ballard Spahr LLP’s 56-partner real estate group, which shows ‘commitment to excellence’ when advising clients on acquisition, financing, leasing, disposition and restructuring transactions. Clients say the group’s ‘business acumen and industry knowledge is at the highest level’, and that its ‘overall level of service is unparalleled’. This ‘first-rate’ team is located throughout the firm’s offices in Utah, Colorado, Pennsylvania, Nevada, California, New Jersey, Washington DC, Maryland and Arizona, providing excellent geographical coverage. Nicole Evans in Salt Lake City was recently promoted to partner, while Joanne Phillips rejoined the Philadelphia office as a partner after spending four years as Director of the Commonwealth of Pennsylvania’s Bureau of Real Estate. A team led by Fred Wolf represented CGA Capital Corporation on a PPP relating to lease-backed financing for the new $4.76bn, 1.5 million sq ft National Nuclear Security Administration in Missouri. Also on the PPP front, Paul Casey led a team which represented the New York City Housing Authority on a transaction involving financing for the modernization of around 20,000 public housing units and annual federal subsidies for 11,743 units located across New York. The team has experience on Chapter 11 bankruptcies and as court-appointed receivers. Kelly Wrenn is a rising star.
The ‘very creative and results-orientated’ real estate team at Bingham McCutchen LLP demonstrates ‘excellent technical expertise’ and is ‘very responsive’. The 60-attorney group is spread across the firm’s California, Connecticut, Washington DC, Massachusetts and New York offices, and handles the full spectrum of real estate work including land use and construction matters. Carol Dillon led a California-based team which represented two hospital organizations on the construction of the new 600-bed Stanford Hospital and the $600m expansion of the Lucile Packard Children’s hospital. Frank Appicelli represented The Hartford on a number of dispositions involving $1bn of structured loans secured by office, retail, resort and hospitality properties located throughout the US. Jeffrey Smith led on the representation of TIAA, one of the largest real estate lenders in the US, on two transactions involving multiple affiliates of General Growth Properties. The first concerned the refinancing of a portfolio of mortgage and mezzanine loans and the second the restructuring of junior mortgage “B” loans and mezzanine loans in line with the confirmed reorganization plan arising out of the clients’ Chapter 11 filing. The team also represented UBS Realty Investors on a number of equity and mortgage loan investments, and Wells Fargo on its secured financing of the Valencia Water Company based in California. The Washington DC team represented a private REIT on a $585m revolving loan secured by 81 properties, and acted for a major financial institution on a $270m workout of nine loans secured by various asset classes. The Massachusetts team advised CB Richard Ellis Investors on several multi-family apartment acquisitions throughout the US. The ‘exceptional’ and ‘extremely effective’ Richard Fries led a New York team that represented Citibank on several high-value workout and restructuring transactions across the country.
Bryan Cave LLP’s impressive geographic footprint reaches across Georgia, North Carolina, Illinois, Texas, California, Arizona, Missouri, New York and Washington DC. The 44-partner team provides services regarding all aspects of real estate ownership, transactions, capital markets and financing. Practice head Ronald Emanuel is an ‘excellent deal maker’, who has ‘very good business sense’ and ‘well honed legal skills’. This ‘very responsive’ team is able to ‘handle the most complicated transactions’ and represented Och-Ziff Real Estate and its affiliates on dozens of transactions including high-value asset and debt acquisitions, joint venture arrangements and restructurings. Lawrence Gottesman is representing LNR Partners and Berkadia Commercial Mortgages as the special servicers of $4bn of securitized commercial mortgages pursuing subsidiaries of General Growth Properties. It is also representing LNR Partners as special servicer of $160m of securitized commercial mortgages relating to the Innkeepers USA bankruptcy. Emanuel and Lars Lagerman acted for an institutional lender on the $550m sale of its resort portfolio, comprising defaulted timeshare loans made to project sponsors. Sandor Green is representing AIMCo, a longstanding client and one of the largest REITs in the US, on its sale of 35 multi-family residential properties across 16 states. Stephen Sparks is advising the Industrial Development Authority of the City of Kansas City and the Planned Industrial Expansion Authority of Kansas City on a PPP involving the $700m financing of the National Nuclear Security Agency campus under development in the city.
DLA Piper LLP has real estate lawyers in 13 offices across the US, with the largest teams located in Chicago, Los Angeles, Boston and New York. ‘Terrific lawyer’ Jay Epstein chairs the 89-partner practice group. The team produces an overall excellent level of service and its members go ‘above and beyond the call of duty’. A significant deal for the firm is its continued involvement in the redevelopment of the World Trade Center site for The Port Authority of New York and New Jersey, a matter on which Jeff Keitelman is leading a team of nearly 60 attorneys. This team recently advised the client on the restructuring of its transaction with Silverstein Properties for the phasing and financing of three office towers on the eastern half of the site. Keitelman possesses ‘excellent business sense’ and ‘has a keen sense for developing and negotiating strategies’. Andrew Levy represented International Commercial Bank of China on its $355m financing of 650 Madison Avenue, the first loan closing under its new mortgage loan platform, for an entity owned by Ashkenazy Acquisition and The Carlyle Group. Epstein and a number of attorneys in Boston represented joint venture partners Elbit Imaging, Plaza Centers NV and Eastgate Capital Group on the $116m acquisition of Macquarie DDR Trust, which owns a portfolio of 78 retail properties across the US. Edward Goldman represented Hines Interests on the £655m sale of 300 North LaSalle in Chicago to KBS Real Estate Investment Trust II. Other clients include Archstone, New York Life Insurance Company and Tishman Speyer Properties. In addition to lawyers mentioned above, Richard Mendelson is recommended for his dedication to his clients and his ‘excellent business acumen, industry trend knowledge and the appropriateness of his advice’. Ross Green is ‘extremely intelligent’, ‘sharp’ and a ‘great problem-solver’. Kim Pagotto was promoted to partner in January 2011.
At Debevoise & Plimpton, the ‘top-notch’ Steven Alden chairs the real estate group, which is regarded as a ‘go-to option for the toughest of transactions’. This three-partner team provides service which is ‘excellent in every way’ and handles complex dispositions and acquisitions, restructurings and workouts, fund formation and financing transactions for institutional and fund-based investors, lenders and borrowers. It represented Tishman Speyer on the $525m sale of the New York Times building, and TIAA on its $480m sale of two New York City trophy buildings. The group completed several transactions for Westfield America including advising on its joint venture with Prudential Assurance on the $520m refinancing of Westfield Garden State Plaza shopping mall. The team also closed multiple deals for Beacon Capital Partners including its acquisition and subsequent refinancing of the John Hancock Tower in Boston and its $990m joint venture acquisition of a portfolio of 12 properties in Virginia. The team also regularly represents UBS Wealth Management and JPMorgan Investment Management on acquisitions. Other clients include Bear Stearns, the Rockefeller Group, Deutsche Bank Real Estate and Broadway Partners. Nicole Mesard ‘provides great commercial advice’ and is ‘especially excellent on financing transactions’. Peter Irwin is ‘incredibly knowledgeable’ and ‘a skilled negotiator’; clients say ‘his judgment, attention to detail, and attentiveness are unparalleled’.
Stuart Saft is the new real estate global practice head at Dewey & LeBoeuf LLP, where the 12-partner team provides ‘best-in-class legal services’ and ‘a much higher level of personal attention’ than most competitors. The group operates from New York and Washington DC, and is conversant with acquisition, disposition, development, conversion, land use, financing, leasing, and workout transactions. The practice has formed two specialty teams to assist clients when an economic downturn or disaster occurs. Recent highlights include Saft’s handling of the due diligence for MetLife’s $18bn acquisition of American Life Insurance Corporation, and representing the owners of The Apthorp on the $1.06bn renovation and conversion to condominium status of a landmark, mixed-use property in Manhattan. Stephen MacDonald represented TIAA on a $151m loan secured by mortgages on the Graybar Building in New York. Other clients include O’Connor Capital, The Moinian Group and Square Mile Capital.
Douglas Danzig chairs Fulbright & Jaworski LLP’s 16-partner real estate group, which is predominantly located in several offices in Texas, as well as offices in New York, California, Missouri and Colorado. James Summers, among others, represented Alamo Cement Company, a US subsidiary of Buzzi Unicem SpA, on its $20m acquisition of raw materials and on a $20m joint venture involving the construction of an above-ground, seven-mile mining and conveyor system and processing facility. William Sing, Shelley Poore and Bryce Seki acted for Amegy Bank National Association on several transactions, including the sale and partial leaseback of a $1.7bn office building, and the $500m-plus sale of a commercial tract of land. Summers and John Jennings are representing Toyota Motor Engineering & Manufacturing NA on the construction and phase two development of a vehicle manufacturing plant and an associated on-site supplier park in San Antonio. Summers and Katherine Tapley represented Mays Investment on its $300m acquisition of a large commercial real estate portfolio in San Antonio. A large team advised The Lynd Corporate on forming a $300m joint venture with The Baupost Group to purchase non-performing loans and foreclosed real estate assets, and thereafter on subsequent activities.
Goodwin Procter LLP’s real estate group has ‘excellent industry knowledge and acumen’, and is ‘instrumental in getting deals done’. The 23-partner team services the full spectrum of real estate clients including public and private owners, lenders and developers on a wide range of real estate transactions including fund formation, restructurings and workouts, finance, PPPs and leasing. Christopher Barker represented three Rockwood funds and their joint venture partners on the $725m auction sale to a public REIT of five large data centers in California, Arizona and Virginia. Andrew Sucoff represented Kimco Realty Corporation on the formation of two new joint ventures with international institutional capital partners in an $800m transaction that effectively took a public REIT private. Alexander Randall is representing Normandy Real Estate Partners on the leasing of the 1.4 million sq ft John Hancock Tower, Boston’s tallest building. John Ferguson acted for Brookfield Global Real Estate in structuring and implementing an investor consortium and on the consortium’s acquisition of defaulted debt secured by a portfolio of 20 Tishman Speyer office buildings in Washington DC. Lewis Feldman exhibits ‘true leadership’ skills and is recommended along with Dean Pappas, who is ‘very experienced in joint venture and acquisitions work’ and ‘very responsive’.
In addition to its three Texas offices, Haynes and Boone, L.L.P. now has an East Coast presence following the opening of its New York office, which is staffed with 17 real estate attorneys predominantly hired from Paul, Hastings, Janofsky & Walker LLP. San Antonio-based Steven Waters heads the real estate practice, and he represented USAA Real Estate Company on its $100m joint venture with a real estate opportunity fund. Stuart Mass and Noah Shapiro represented SL Green Realty Corporation on a 280,000 sq ft office lease in Manhattan. Lawrence Mittman, Carolyn Sullivan and Kenneth Friedman represented Five Mile Capital Partners on selling the John Hancock Tower in Boston to Boston Properties for $930m, of which $604.5m is debt. Richard Martin and Justin Switzer represented Heitman Capital Management on several transactions in Texas, including the leasing of office and retail properties; the acquisition of a $20m office building; the restructuring of an office project; and the disposition of two office projects. The firm’s client roster includes CB Richard Ellis, Silverstone Capital Group and Morgan Stanley Real Estate Funds.
Holland & Knight LLP offers a ‘top-quality service’ and has an extensive geographic reach across the US through its 18 offices, which span both coasts. Janis Boyarsky Schiff heads the 140-partner department, which is one of the largest teams in the US, providing real estate clients with a full service and particularly notable expertise in the hotel and timeshare sectors; the team also advises on land use and zoning. This ‘very strong’ practice is ‘one that works well for small businesses’, as well as for larger ones. A team led by Susan Booth represented Digital Realty Trust on its $375m acquisition of three data centers in Massachusetts and Connecticut, among many other transactions for this client. Schiff and Tara Scanlon led a team that represented Roadside Development on a $260m mixed-use redevelopment involving the historic O Street Market in Washington DC. Martin Miner acted for JetBlue Airways on its 220,000 sq ft sublease from Metropolitan Life Insurance Company. The highly regarded Bruce Loring is praised for his ‘hands-on, personal and superior service’, and his ‘proactive’ approach. Ken Kecskes is ‘wonderful to work with’ and ‘very responsive’.
The ‘sharp’ and ‘adept’ Robert Lee and David Lowery co-chair the 28-partner practice at Jones Day, which ‘inspires confidence in clients’, consistently ‘delivers a superior service’, and provides ‘prompt, useful and on-target advice’. The team represents lenders, borrowers, owners, funds and developers and operates across the firm’s Atlanta, Chicago, Cleveland, Columbus, Dallas, New York, San Francisco and Washington DC offices. Recent arrival Richard White is an expert on CMBS and special servicer work. Robert Gibney, David Paulson, Steve Koppel (‘true depth of industry knowledge’), Aviva Yakren (‘superb’) and the highly regarded Brian Sedlak are representing Wells Fargo on over 40 restructuring and workout transactions totaling over $1bn. The ‘experienced, calm and insightful’ Kent Richey provides ‘very clear and concise advice’, and recently advised the management team of GreenOak Real Estate on forming a new real estate fund. Another significant deal for the team was its representation of Citibank on a transaction where it credit-enhanced two bond proceed-financed loans made by the New York City Housing Association to two LLCs for 21 public housing developments, consisting of 20,000 apartments. Other key transactions included representing Trammell Crow Residential on over $900m of development financing for various projects; Madison Square Garden on its $1bn redevelopment; and Meadowlands Development on leasing of its $3bn New Jersey retail and entertainment complex. Lee and Michael Haas also advised Clairvue Capital Partners on forming a $250m fund. Other clients include JPMorgan Chase, Simon Property Group and Wachovia. James Francque is also recommended.
Kaye Scholer LLP’s nine-partner team is conversant with a wide range of real estate finance matters, and is co-led by the ‘experienced, hardworking, and practical’ Warren Bernstein and the highly regarded Stephen Gliatta. The group ‘stands out for its level of expertise and delivery of services’, and is ‘very responsive, up to date on latest trends, very creative and user-friendly’. Gliatta, together with the ‘uniquely talented’ Jeannie Bionda and the ‘excellent’ Louis Hait, advised Bank of America Merrill Lynch on its $2bn mortgage and mezzanine loan in relation to the Extended Stay Hotels bankruptcy. The team also represented The Bank of Nova Scotia as agent of a lender syndicate on the successful restructuring of a $580m credit facility and creation of a $30m working capital facility relating to a portfolio comprising 21 office properties in Washington DC. Bernstein and Aaron Lehrfield represented a group of banks on the restructuring of a $325m senior housing portfolio loan provided to a joint venture between a public senior housing company and a private investor. The team also advised Capmark Finance Group in a bankruptcy case involving Georgetown Mall in Washington DC; a syndicate of lenders on providing new financing for 300 Park Avenue; and Deutsche Bank on the $200m financing of a regional mall in Arizona. Michael Damast and colleagues represented Loan Core Capital on its acquisition of more than $500m of senior and mezzanine debt, and UBS on the sale of $800m of whole loans, participation interests and mezzanine loans.
Sarah Borders heads King & Spalding LLP’s real estate team, which is based across the Atlanta, New York, Charlotte, Houston and San Francisco offices. The 19-partner practice generally represents developers and owners, funds and institutions regarding capital markets, financing, refinancing and fund formation matters. Borders represented a resort and golf course developer on all elements of its Chapter 11 case, including a $1bn restructuring transaction and the sale of the business under a reorganization plan; and AIG Baker and its affiliates on the restructuring and sale of its multi-state portfolio involving $1bn of indebtedness. Timothy Sullivan and Timothy Goodwin represented Morgan Stanley and its $7bn Prime Property Fund, via its AMLI Residential platform, on several types of transactions including acquisitions, dispositions, restructurings and financings totaling $1bn. Clay Gibson represented KanAm Grund on multiple sale transactions involving two regional malls in California and Tennessee and nine office buildings in Washington DC, Minneapolis, Texas and Nevada. GE Capital Real Estate and Post Apartment Homes are also clients of the firm.
Kirkland & Ellis LLP’s real estate team includes 12 partners based in Chicago and New York. The team ‘always provides a top-rate product on a tight timetable’ and ‘possesses deep knowledge of the real estate industry’. The highly regarded team is representing Anglo Irish Bank on a $637m A/B loan secured by a portfolio of 20 hotels, and on the recapitalization of the portfolio by the original equity sponsor; he also acted for Archstone on its $5bn debt-for-equity conversion. Robert Buday, who is ‘masterful in joint venture analysis and negotiations’, represented CenterPoint Properties Trust on the negotiation and formation of a joint venture for the acquisition and development of a $750m industrial complex involving multiple office and research buildings for the National Nuclear Security Administration. Buday also advised Charter Hall Group on the acquisition of Macquarie Group’s listed real estate fund management business involving A$7bn of real estate located in seven countries. Gary Axelrod represented various affiliates of General Growth Properties on restructuring the entity’s entire $15bn project-level indebtedness. Nathaniel Marrs and the ‘intelligent and business-savvy’ Jennifer Morgan have been working on fund formation. Other clients include LaSalle Investment Management.
Jay Neveloff and Michael Korotkin co-chair Kramer Levin Naftalis & Frankel LLP’s five-partner team, which handles a wide range of real estate and land use and zoning matters. It is ‘one of the most efficient and effective teams’ and ‘extremely well versed in the intricacies of real estate law from the technical to the practical’. Among recent highlights for the team was its representation of Forest City Ratner Companies in all the litigation arising from the project at Atlantic Yards in Brooklyn. Neveloff, a ‘very seasoned real estate lawyer who is able to resolve issues innovatively’, represented the owner of The New Frontier Hotel and Casino in Las Vegas on its $1bn sale; and Starwood Hotels on its $117m sale of the retail portion of St Regis Hotel in New York. Korotkin, who exhibits ‘legal knowledge, business acumen, intelligence and strategic skills’, represented Muss Development and Onex Realty on developing the $1bn SkyView complex in Flushing, New York, which includes 800,000 sq ft of retail space and 1,100 apartments. Korotkin also represented the Alexico Group on financing, refinancing, acquisition and development transactions for various sites in Manhattan. On the workout and restructuring front, the ‘thoughtful, creative and detail-oriented’ James Godman represented Hypo Real Estate Capital on several transactions including a $435m restructuring involving a mixed-use project in Brooklyn; a $405m mortgage loan; and a $50m mezzanine loan involving a mixed-use project in Manhattan. Neil Tucker and Jonathan Canter are also recommended.
At Mayer Brown, the highly regarded Jeffrey Usow and Keith Willner chair the firm’s Americas real estate group. This ‘excellent’ 60-attorney team is based in offices in Chicago, Los Angeles, Washington DC, New York, Charlotte and Houston. Frank Arado, who is ‘very helpful with big-picture issues and advice’, advised Bank of America Merrill Lynch, a longstanding client, as administrative agent on the syndicated financing of a large public retail outlet valued at $500m. Strong negotiator Neil Wasserstrom and Brian Aronson represented Digital Realty Trust on its $750m acquisition of five data centers in California, Virginia and Arizona, and represented one of CB Richard Ellis Investors’ funds on its $128m acquisition of four office buildings. Paul Meyer and Patrick McNerney represented the senior management on the transfer, via reverse merger, of the shares of Lillibridge Healthcare Real Estate Trust and LHP B Trust to Ventas and its affiliates. The team advised Wachovia on restructuring a $155m mezzanine loan, and represented Cabot Properties in its $115m acquisition of nine industrial properties located in four states. Another significant deal for the team was its recent representation of Metropolitan Life Insurance Company on a $160m loan origination, secured by the signature waterfront property Washington Harbour, to an affiliate of Rockpoint and MRP. Despite several partner departures, the firm remains an important player in the real estate market. Jason Sito, Lawrence Knowles, Frank Henneburg and Timothy Choppin are recommended.
John Engel heads Pillsbury Winthrop Shaw Pittman LLP’s practice, which grew following the arrival of five new attorneys – including Marc Shapiro and Jill Block – from Orrick, Herrington & Sutcliffe LLP. The department works closely with other practice groups to ensure a full service. Marjorie Fisher recently led a multidisciplinary team on a client’s acquisition of 150 gas stations in Washington DC. Robert Herr and Rachel Horsch represented Shorenstein Properties on a number of significant transactions totaling $1bn, including the sale of its CityCenter portfolio to CB Richard Ellis Investors. Herr and Horsch also represented the same client on its acquisition from Tishman Speyer of the 210,000 sq ft Santa Clara Towers in Silicon Valley. James Rishwain and William Waller are advising Fifth Street, a partnership between CalPERS and CommonWealth Partners, on its plans to invest $1bn in urban office real estate projects globally. Wendelin White and Diane Shapiro Richer recently advised a client on its $61m sale of a 244-unit apartment block in Washington DC. Lee Carter has a niche practice in the field of military housing. The team also has joint venture, leasing, foreclosure and PPP experience.
The ‘excellent’ Proskauer Rose LLP has a multi-dimensional real estate team, which provides a full service including traditional real estate, finance and leasing. The 11-partner team is located in New York, California and Florida. Co-chair David Weinberger and senior counsel Craig Masheb represented Harbor Group International on its $100m purchase of 4 New York Plaza and subsequent leasing; and on its $150m purchase of 1412 Broadway. Co-chair Ronald Sernau and Masheb represented Hines Interests on its $190m sale of 600 Lexington Avenue to SL Green Realty Corporation. The team completed several deals for CB Richard Ellis, including the construction and development of several multi-family projects in California, Colorado, Georgia, Massachusetts, Texas and Virginia; and on a $1.5bn transaction involving asset management, restructuring and workout assistance in multiple states including Nevada and Florida.
Paul Mattingly chairs Seyfarth Shaw’s ‘excellent’ real estate practice, which provides a ‘very professional service with a good balance between seasoned veteran partners and highly able associates’; the team gives ‘clear and concise advice’. In addition to core groups in Atlanta, Boston, Chicago and New York, the team also fields attorneys in California and Washington DC. The team displays ‘depth of knowledge’, responsiveness and ‘reasonable pricing’. It handles high-value workouts and real estate loan origination for a number of longstanding institutional clients. During 2010, the ‘extremely knowledgeable’ Andrew Pearlstein and Andrew Shure represented 7-Eleven regarding a strategic transaction aimed at expediting its leasing program. The ‘astute’ Alvin Kruse and Gus Paloian are acting for the Special Assets Group at Bank of America Merrill Lynch on the workout and enforcement of commercial real estate loans secured on various asset classes. The ‘excellent’ Dean Heller represented Washington Holdings Structured Finance on converting a subordinated secured debt interest in the St Regis Monarch Bay Resort and Spa in California into fee title, as well as on subsequent restructuring of the senior secured debt and acquisition of additional property rights. Ronald Gart adopts a ‘balanced and rational approach’, and displays ‘very good legal and business acumen’; the ‘outstanding’ Mitchell Kaplan’s ‘technical expertise is unparalleled’; and Robert Bodansky is ‘able to quickly ascertain the peculiarities of a business’. Sean O’Brien, Mark Block, Steven Kennedy, Peter Korda and Adam Walsh are also recommended, while Morgan Jones recently joined the team.
Shearman & Sterling LLP’s New York office houses its four-partner real estate practice, which is headed by Chris Smith. The team represents all investor classes in financing and transactions – including those of a cross-border nature – and also has a particularly strong leasing practice. John Opar represented debt and equity investors Aabar Investments PJSC and Tasameem Real Estate Company on a major construction project as part of Carnegie 57, a mixed-use development in Manhattan. Malcolm Montgomery and of counsel Peter Strauss represented Deutsche Bank Trust Company Americas, as administrative agent, on restructuring the $640m construction loan secured by The Trump International Hotel & Tower in Chicago. Smith acted for HSBC on a $200m follow-on investment in, and expansion of, a joint venture with The Bank of New York Mellon; and 787 Holdings on the complex lease renewal of 355,000 sq ft at 787 Seventh Avenue. Other key clients include AIG Global Real Estate, Royal Bank of Canada and Shorenstein Properties.
At Stroock & Stroock & Lavan LLP, Brian Diamond and the respected Leonard Boxer co-chair the real estate group, which is located in New York, Los Angeles and Miami. The team provides an ‘excellent quality of service’ through its 55 real estate attorneys and a further ten attorneys who provide tax, litigation and fund expertise. The group welcomed Ronald Kriss and Paul Shelowitz from Akerman Senterfitt in the final quarter of 2010. Diamond, an ‘excellent attorney’ who clients value as ‘a technician, counselor and negotiator’, and Diana Brummer represented a private real estate fund in a joint venture with a public REIT relating to the $180m refinancing of a newly renovated mall in Maryland. Chauncey Swalwell represented Citibank as a participant in the restructuring of a credit facility to a major developer involving $300m of debt. Steven Moskowitz acted for a pension fund investor on its $600m acquisition of over 50 industrial, office and retail properties in Texas. The team is also representing Silverstein Properties in connection with the development plan for the new Towers 2, 3 and 4 on the World Trade Center site. Other important clients include JPMorgan Asset Management, Vornado Realty Trust and Cedar Shopping Centers.
White & Case LLP has a ‘very strong’ real estate presence in New York, Miami, Washington DC and California. Scott Berger heads the ‘very efficient’ team, comprising 18 partners and 30 associates, which brings to the table cross-border portfolio acquisition, complex fund formation and foreign investment expertise. The group’s capabilities include advising REITs and clients on capital markets matters, license agreements and in litigation, and it is ‘especially strong on the tax and joint venture structuring and negotiation side’. Starwood Capital is a longstanding client, which the team recently represented on two separate fund formations involving $1.8bn and $970m, respectively. A team in the New York office represented a consortium – which included Antarctica Capital and Hines – on its successful $2.3bn bid for a portfolio of 11 state office properties offered by the State of California in a sale-and-leaseback transaction. A team in Miami represented SNS Property Finance on restructuring its loans and investments in Florida, including foreclosures and REO sales exceeding $800m, as part of its plan to reduce its exposure in the US real estate market. On the acquisition front, the team represented HIG Capital, a $7.5bn private equity investment fund, on its acquisition of all of the assets of Excel Homes – the largest custom modular home manufacturer – via a private foreclosure sale conducted by Citizens Bank of Pennsylvania. The practice also acted for Savitar Realty Advisors on structuring a $250m US tax advantaged offshore private placement to raise capital for investments in distressed commercial real estate assets. It also represented a group of Centaur companies – operators and developers of racetracks and casinos – as Chapter 11 debtors in the restructuring of $610m of first and second lien debt. William Walker is ‘very strong’ and ‘practical’, while Jonathan Schechter provides ‘very good advice’.
Akerman Senterfitt has a strong presence in Florida and offices throughout Colorado, Texas, Wisconsin, Virginia, Nevada, New York and California. Richard Bezold, the real estate department chair, and Janice Russell represented The GEO Group, one of the largest providers of private correctional and detention management services, on its $750m corporate credit facility secured by multiple privately owned and operated correctional facilities located in nine states. Carol Faber advised Steiner Leisure, a publicly traded company, on its corporate acquisition of $100m worth of spa and office leases throughout the US and the UK. Robert Poppell recently acted for Kolter Land Partners on its acquisition of Victoria Park, a tract of land comprising part-built and built homes from The St Joe Company. Michael Bailkin represented International Gemstone Project on the tentative financing of a 600,000 sq ft gemstone center in New York City’s Diamond District. The team has also been active with workout and restructuring matters for developers and borrowers, and counts Wachovia, Parc Management and Albee Retail Development as clients. George Powell, who recently joined the firm from Duane Morris LLP, is an eminent domain specialist; and William Sklar, who recently joined from Edwards Angell Palmer & Dodge LLP, is an expert on the Interstate Land Sales Full Disclosure Act (ILSA).
Anton Natsis leads the ‘very superior’ real estate group at Allen Matkins Leck Gamble Mallory & Natsis LLP. This California-based firm has a land use and natural resources practice in addition to its 95 real estate attorneys serving a diverse array of clients on all types of real estate matters. Natsis represented Joint Treasure on its $148.3m acquisition of 9900 Wilshire in Beverly Hills; and also acted on Kilroy Realty’s acquisitions of 2211 Michelson Drive in Irvine for $103m and 303 Second Street in San Francisco for $237m. The ‘extremely knowledgeable, very creative and solution-based’ Thomas Henning and Frederick Allen represented Terranea Hotel and Resort on acquiring, financing, development and complex recapitalization of its $500m oceanfront resort project in Palos Verdes. Natsis and Eric Shelby advised McCarthy Cook & Co on a complex transaction concerning its $600m lease transaction with the University of California in San Francisco, involving the development of a $198m state-of-the-art neuroscience center financed by non-profit bonds offered by the California Infrastructure and Economic Development Bank. Michael Matkins has ‘broad knowledge of the market and its participants’, and is recommended along with the strategic and tactical Brian Leck, as well as Thomas Foster, who has particular strength regarding trusts and insurance.
Andrews Kurth LLP has a broad-based commercial real estate practice with 56 attorneys in Houston, Dallas, Austin and New York. The firm is particularly strong in Texas but acts on matters across the US. Darren Inoff represented PinPoint Commercial in a $13m transaction relating to a 30,000 sq ft build-to-suit surgical hospital in Humble; and acted for Plan B-MOB on a $38m transaction involving the sale of partnership interests in a large, “class A” medical office building in Texas. Daniel McCormick is representing a number of clients in the hospitality sector, including Braveheart on transactions totaling $264m, and a private REIT on a $78m matter relating to its ownership and financing of full-service hotels in Texas and California. Michael Boyd represented Anadarko Petroleum on the $214m acquisition of its 1 million sq ft headquarters in Texas, and Crimson Real Estate Advisors on the $51m sale of a “class A” building in New Jersey. Mark Arnold has experience in sports stadium transactions and Andrew Campbell has pension fund expertise.
Baker & McKenzie’s five-partner practice is headed by Michael Smith, who has ‘excellent real estate industry knowledge and experience’. Smith advised Nokia on the development of its new 158,000 sq ft headquarters in California, and represented a mining company on its high-value domestic and international acquisition projects. The hospitality sector is a key area of strength, and Richard Cremieux represented several private equity funds on significant hotel acquisitions. He also advised Ty Warner Hotels & Resorts on several transactions including the extension of two existing loans, secured by hotels and golf courses, and on the $14.5m sale of a development property in California. The team also has experience in infrastructure and renewable energy projects.
The one-office Miami firm of Bilzin Sumberg Baena Price & Axelrod LLP represents clients locally and nationally. James Shindell chairs the 34-attorney real estate department, which represents foreign and domestic developers, lenders, investors, funds and special servicers across the US. Suzanne Amaducci-Adams and land use partner Carter McDowell are involved in the ongoing redevelopment of Bridgeport Landing in Connecticut, a massive mixed-use marina project that is hoped to create more jobs and commerce for the whole community. John Sumberg, Adam Lustig and McDowell also continue to represent Robert Wennett on the redevelopment of 1111 Lincoln Road in Miami, a mixed-use project including office space, retail space, a rooftop restaurant and a large parking garage. The team also represents clients on FDIC-related transactions; fractured condominium acquisitions; leasing transactions; and restructuring and workouts.
Douglas Wisner joined Clifford Chance from Mayer Brown as the new head of the firm’s ‘excellent’ real estate group. The 21-partner team comprises attorneys with expertise in “dirt law”, structured capital markets and tax. The highly regarded Ness Cohen, Steve Kolyer, Lee Askenazi and Keridy Crook represented Citigroup on disposing of three tranches of a mortgage and mezzanine loan encumbering 26 industrial properties and totaling $340m. Cohen advised a real estate opportunity fund on a transaction relating to 54 grocery-anchored shopping centers across the US, and also represented Morgan Stanley regarding Anthracite Capital’s Chapter 7 liquidation filing. Larry Medvinsky and Richard Catalano advised Bank of America Merrill Lynch, Wells Fargo Securities and BB&T Capital Markets on Tanger Properties LP’s $300m notes offering. The team represented NorthStar Realty Finance on its $1.1bn acquisition of CapitalSource Real Estate Trust. Jay Bernstein is highly regarded and is an ‘excellent communicator’.
The California-based team at Cox, Castle & Nicholson practices across all facets of real estate law for a wide range of clients. Erica Bose and Alicia Vaz recently made partner, taking the department up to 71 partners. Stephen Ryan advised joint venture partners Roem Development Corporation and the Housing Authority of the City of Los Angeles on the complex Dana Strand senior housing project, which was financed by a number of sources including low income housing tax credits and tax-exempt low income housing bonds. Adam Weissburg, who is particularly strong on the finance side, represented a client on a $50m loan to two borrowers secured by properties in California and Hawaii; and another client on a $22.5m CMBS loan secured by retail property in Las Vegas. He also advised a client on converting a $14m mezzanine loan into preferred equity to facilitate housing and urban development financing. The team also represented a number of clients on retail center dispositions, and land transactions for the development of retail centers and mixed-use projects in California.
Cravath, Swaine & Moore LLP’s real estate group is part of the firm’s wider corporate department, and focuses on transactional and investment fund support. Key partners Roger Turner and Kevin Grehan represented Westbrook Partners on its acquisition of the Boston Ritz-Carlton Hotel, Miami Four Seasons Hotel and San Francisco Ritz-Carlton with joint venture partners Millennium Partners. Grehan advised Westbrook Partners on a high-value debt and equity recapitalization of 444 Madison Avenue, an office building in New York; Unilever on it $3.7bn acquisition of US-based Alberto-Culver Company; and Stanley, a premier business and information technology consulting firm, on its $1.07bn sale to CGI Group. The team has also worked on transactions involving debt acquisition, restructurings, property dispositions or acquisitions and development projects. Other key clients include Colonnade Properties, O’Connor Capital Partners and Tishman Speyer Properties.
Scott Anderegg chairs the real estate practice at Faegre & Benson LLP. The team includes 12 partners who are located in Minneapolis, Denver, Boulder and Des Moines. John Wheaton and Paul Moe represented Cargill in the formation of a joint venture for the purpose of financing and developing a $190m cane sugar refinery in Louisiana. Peter Berrie and John Herman advised a not-for-profit developer on its renovation of a historic theater in Minneapolis; the $40m project was financed with new markets tax credits, community development block grant (CDBG) funds and bond financing using a sale-and-leaseback structure. Anderegg represented US Bancorp on its $328m acquisition of 353 owned and leased retail bank branches in Arizona, California, Illinois and Texas from FDIC, and advised the same client on leasing two eight-story office buildings in Minnesota. Other clients include Allina Hospitals & Clinics, Piper Jaffray and Life Time Fitness.
At Fennemore Craig, Jay Kramer chairs the real estate practice group, which includes transactional, finance, land use and zoning, and construction attorneys located in offices throughout Arizona, Colorado and Nevada. Clients state that the group is ‘great’, ‘always responsive’, ‘reasonable in its billing’ and ‘easy to work with’. Kramer advised various affiliates of the Phoenix Suns basketball franchise regarding the sale of $72m secured promissory notes, which in turn were used to redeem outstanding bonds to finance the acquisition, construction and development of US Airways Center and the Sun Mercantile Building in Arizona. The team represented one of the world’s largest copper mining companies on acquiring a mine in the Southwest. The team has also developed a niche practice in Mexico-based projects and recently represented a client on a cross-border transaction relating to a 50,000-acre parcel of land located along the coastline in Sonora, Mexico. Mark Nesvig represented a private real estate investment firm and venture partner on its $28m acquisition of 4,508 acres at Merrill Ranch Community in Arizona. Joseph Chandler, Stephen Good and Nicolas Hoskins are highly regarded by clients.
Elizabeth Corey chairs Foley & Lardner LLP’s national real estate practice, which is active across the healthcare, sports and entertainment, and energy sectors. The 27-partner group has ‘excellent lawyers in a wide variety of areas’, and provides an ‘extraordinary level of service’. Its attorneys are located across 14 offices in California, Florida, Illinois, Massachusetts, Washington DC, Wisconsin, New Jersey, Michigan and New York. Building on the firm’s timeshare and hospitality experience, Daniel Bachrach created a unique and novel exit strategy for Floridays, a developer of condominium hotel projects. The ‘excellent’ Michael Hatch represented US Bancorp on redeveloping a four-office-block campus in Wisconsin. Emerson Lotzia represented Amelia Island Company, the owner of a $67m four-star resort, on its sale as part of its bankruptcy reorganization. Wayne Osoba represented Sumitomo Mitsui Banking Corporation as syndicate leader on a $200m revolving credit facility provided to residential property developers. Duke Woodson acted for CSX Transportation on its proposed intermodal terminal facility development comprising 932 acres encompassing 7.9 million sq ft of office and industrial space.
Freeborn & Peters’s 14-partner real estate team is situated in two offices in Illinois, and is co-chaired by Richard Traub and Anne Garr. The team recently represented the co-owners of a master leased hotel property regarding a $54m loan workout. The team also represented Bielinski Homes on restructuring five loans, totaling $120m, secured on five different types of asset classes. In Chicago, the team acted for a major landholder and developer on the development of a 70-acre site in Bronzeville, and also represented Prism Development Company on a mixed-use development project involving a historic building. Internationally, the team handled a fund formation transaction valued at $500m for Urban Retail Properties.
Kevin Kelley chairs Gardere Wynne Sewell’s real estate group, which is based across several offices in Texas but serves clients across the US. The team provides development, acquisition, disposition, financing, leasing and operation and management advice; it has a strong hospitality practice. The team is representing Western Hospitality on all phases of activity for a number of new or existing Marriott and Hilton branded hotels throughout the Southwest and Midwest. It is also advising The Gencom Group on its acquisition of construction debt from an affiliate of Danske Bank relating to the partly completed Ritz Carlton Rancho Mirage hotel and residential project in Rancho Mirage, California. Randall Jones is advising Arts Center Enterprises on its renovation and restoration of the King’s Theatre in Brooklyn, New York, which is funded by a grant from New York City as well as state and federal tax credits.
At Holland & Hart LLP, Marcus Painter leads a 30-partner team located in 11 offices across Wyoming, Colorado, Montana, New Mexico, Nevada and Utah. This ‘outstanding’ group recently acted as local counsel on several major transactions, including Bank of America Merrill Lynch’s $1.8bn loan modification relating to the mixed-use CityCenter project, and on a client’s $8bn acquisition of a 40-acre parcel of land and its proposed $5bn development project involving 150 residential lots. The ‘exceptional’ Carl Barton led a team that represented Careage and its affiliates on a $40m transaction involving financing, workout, foreclosure and bankruptcy matters, and advised the subsequent owner of this Utah chain of skilled nursing facilities on licensing issues. Rebecca Dow is regarded as ‘one of the best overall real estate attorneys in Colorado’, and is praised for her deep and ‘unparalleled industry knowledge’; she has ‘guided clients through some tough negotiations and battles’. Clients also recommend Beat Steiner, Mona Burton and Elizabeth Sharrer.
Tom Berggren chairs the ‘excellent’ real estate group at Jones Waldo, which has offices in Utah and Illinois. Berggren recently assisted Redevelopment Agency of Salt Lake City on the $100m site acquisitions for a theater and film center. Paul Harman and James Peters, ‘deal makers that are extremely knowledgeable and creative in tackling negotiations’, are representing Lowe’s Home Improvements on the $300m acquisition and leasing of 20 sites across the Midwest and West. Keven Rowe and Susan Peterson advised Wells Fargo on restructuring $125m of credit facilities and $175m of real estate loans, while Rowe also represented US Bank on the acquisition of loans totaling $870m. The team has also represented clients on developments, foreclosures and workouts during 2010. Clients say the team is ‘well versed in commercial transactions and is very thorough and prompt’; its ‘advice is on point’ and the ‘timeliness and quality of its work is always top notch’.
K&L Gates’ 175-attorney real estate team has extensive geographical coverage, spread as it is throughout the firm’s offices in Massachusetts, North Carolina, Illinois, Texas, Pennsylvania, California, Florida, New York, Washington, New Jersey and Washington DC. Walter Fisher leads the department, which focuses on real estate investment, development and finance matters, as well as land use, planning and zoning. Recent work includes representing a private equity firm as borrower of a $43m mortgage loan secured by four industrial properties; and a lender in a $125m syndicated revolving credit facility secured with personal and real property including 100 restaurants and offices located in 15 states. The team also advised a client on the funding of two sale-leaseback arrangements, valued at $55m, involving seven hotels in the UK and Spain. During 2010, the team also worked on federal low income housing tax credits for developers, and on several restructuring, workout, foreclosure and deed-in-lieu transactions.
William Timmons chairs the 26-partner real estate group at McKenna Long & Aldridge LLP, which is based in Los Angeles, Atlanta, New York and Washington DC. This ‘especially strong team’ is ‘very timely and thorough’, and is ‘professional, reasonable and very committed to serving its clients’. The group is ‘excellent on the commercial real estate loan workout’ front, and represents special servicers and lenders all over the US. Timmons led a team that represented syndicate leader KeyBank National Association in the amendment and restatement of a large senior-secured revolving credit facility to Ramco-Gershenson Properties. Jess Pinkerton acted for Retreat Holdings, a developer of student housing projects, on multiple acquisition, development and construction transactions ranging from $16m to $42m. The team is also handling the roll out of Fresh & Easy, a subsidiary of British retailer Tesco, involving the opening of over 160 stores in central and southern California, Arizona and Nevada. Tony Canzoneri and Steven Abram led a team that represented LNR Property Corporation in a PPP and joint venture project involving a long-term lease on an undeveloped site in California.
Morris, Manning & Martin, LLP has a 54-attorney real estate team that is predominantly located in Atlanta. Thomas Gryboski chairs the group that provides acquisition, disposition, financing, workout, restructuring, development, construction and leasing advice to its clients relating to high-end resort, residential, power center, condominium, hotel and mixed-use properties. The team expanded during 2010 with Homer Lee Walker joining as a partner from Alston & Bird LLP; Duncan Miller was promoted to partner. A key transaction for the firm was John Ginley’s representation of Cole Credit Property Trust II on its $310m acquisition of Microsoft’s regional headquarters in Washington DC. Highlighting the firm’s niche timberland and forestry expertise, Steven Schrock and Glenn Dunaway represented Fazenda Turmalina Holdings, a timberland investment management organization, on its acquisition of over 76,000 acres of land in Brazil. The firm’s client roster also includes Federal Realty Investment Trust, IKEA and Timberland Investment Resources.
William Murray heads Orrick, Herrington & Sutcliffe LLP’s real estate group, which has a lender-heavy and capital-markets focused practice advising on fund formation, restructuring, recapitalization, Section 363 bankruptcy sales and distressed disposition services. Gerard Walsh successfully represented Global Opportunity Fund on its joint venture, recapitalization, restructuring and loan assumption of the Four Seasons Hotel in San Francisco. Murray is also acting for Prime Finance Partners on numerous transactions including the formation of a $400m fund and the repurchase of a line facility with Wells Fargo on behalf of the fund; he also recently represented MacFarlane Partners on restructuring its $650m debt obligation to Eurohypo AG. The firm lost a five-attorney team to Pillsbury Winthrop Shaw Pittman LLP.
Sheppard, Mullin, Richter & Hampton LLP represents investors, developers, builders, major landowners, lenders and local agencies on every aspect of commercial and residential real estate. Domenic Drago is the chair of the 36-partner real estate, land use and environmental practice group. Joan Story led a team that represented longstanding client Diageo Chateau & Estate Wines Company on its $269m sale of a portfolio of 18 vineyard and winery properties to Realty Income Corporation. The team also acted for DHL in the donation of Wilmington Air Park – its former central hub facility – to the Port Authority of Clinton County in Ohio. Robert Thompson led a team that advised UCSF and Campus Facilities Improvement Association on a PPP to develop a $200m neuroscience research and clinical facility.
Sher Garner Cahill Richter Klein & Hilbert, L.L.C. operates out of its office in New Orleans, Louisiana, but advises clients and communities from Houston to Atlanta, and all along the Gulf Coast, which suffered immensely at the hands of Hurricane Katrina and the BP oil spill. Accordingly, the team is actively engaged in financial workouts, debt enforcement, loan restructurings and foreclosures on all kinds of commercial real estate properties. Throughout 2010 the team represented REITs on the re-tenanting of office buildings; investors on buying real estate secured notes at discounted prices; and lenders on the origination of new loans. A niche practice for the team is representing title insurance companies on claims made against them on the title insurance policies they issue.
Snell & Wilmer LLP is able to advise clients through its offices in Arizona, California, Colorado, Nevada, and Utah. The team represents buyers, sellers and banks in workouts, foreclosures and sale transactions. Key work highlights included representing a client on the disposition of large master-planned communities in Arizona, Colorado and New Mexico, and advising another client on a $150m sale-leaseback transaction relating to multiple office buildings. On the energy front, the team represented several clients in the financing of solar power projects in Arizona involving federal loan guarantees, and represented a bank on the sale of power plants and related assets acquired from a defaulting borrower through receivership and bankruptcy proceedings. The team also advised a buyer on its purchase of a $34m bank-owned hotel in Arizona. Other clients include Sunstone Advisors and Foresight Group.
Warren Heilbronner and Hugh Finnegan co-chair the 30-attorney real estate department at Sullivan & Worcester LLP, which operates from the New York and Boston offices. The group represented CommonWealth REIT in acquisitions involving 13 office buildings in seven states totaling $600m, and advised Senior Housing Properties Trust on acquisitions of 19 medical office buildings in five states for $330m and of 11 senior living facilities for $120m. The team also acted for Government Properties Income Trust on its $250m acquisition of 17 government buildings across 13 states. Other work included representing a client on short sales and negotiating a deed-in-lieu-of-foreclosure transaction. John Balboni is ‘very helpful, both as a legal mind and as a sounding board for deals’.
James Jordan heads Sutherland Asbill & Brennan LLP’s ‘excellent’ team of 25 attorneys. This ‘seasoned and wise’ group has a diverse practice with development projects being a particular strength. Jordan and Michael Kerman, who has a ‘tremendous amount of experience’ and displays ‘excellent judgment’, represented The Sembler Company on a large mixed-use development project in Atlanta involving 400,000 sq ft of traditional big-box tenants and 600 residential units. Alfred Adams and Jennifer Van Ness represented Ben Carter Properties, a longstanding client, on land assemblage, development, financing, leasing and its sales activities relating to the $1.2bn Streets of Buckhead project. The team also has experience in the industrial property development field, where Kerman recently acted for The Patillo Group on the development of a 250,000 sq ft facility in South Carolina for the production of Boeing 787 components. On the finance front, the team is representing UBS Realty Investors LLC on joint venture arrangements and debt financing of affordable condominium housing in Virginia, and on its acquisition of a resort hotel and multi-family projects in Florida.
Thompson & Knight LLP’s ‘outstanding’ 38-partner practice is based in offices across Texas and New York. The ‘talented’ Alfred Meyerson chairs the practice and is representing Granite Properties on the $165m sale of its portfolio of 17 industrial properties. Martha Harris and Christopher White acted for General Electric Capital Corporation on a complex transaction involving the assumption of a loan secured by 18 medical office buildings in Phoenix. Mark Weibel advised Brewer Development on land acquisitions, pre-leasing and various other matters relating to its proposed development of a 120,000 sq ft retail space in California. Susan Coleman advised KanAm 1000 Main on its over 200,000 sq ft lease to Shell Oil in Houston. Mark Sloan led a team of attorneys on Dunhill Partners’ acquisition of Las Palmas Market Place, a 638,000 sq ft retail center in Texas.
The ‘responsive, smart and efficient’ Thomas Coyne chairs Thompson Hine LLP’s 55-member real estate practice. David Salisbury represented Eaton Corporation on its new $170m corporate headquarters project, while Mario Suarez acted for Recurrent Energy on solar ground leases for utility-class facilities in several US states and Canada. Bruce Hopkins has been very active handling leasing transactions for major retail shopping centers, signature art galleries and studios. The ‘bright’ and ‘incredibly talented’ Darrel Davison is representing Principal Financial Group in over $800m worth of transactions, including the disposition of a £110m multi-family property in Washington state and another in California valued at almost $99m. The team completed a wide array of transactions during 2010 including property acquisitions, build-to-suit and joint venture developments, restructuring, workout, foreclosure and loan modification deals. Linda Striefsky is ‘highly knowledgeable, a persuasive negotiator and quick on her feet’. Clients highlight the ‘diligent and resourceful’ associate Jared Oakes who is ‘someone to watch in the leasing industry as he will be a top name in the very near future’. Of counsel Susan Tarnower recently joined the team from McGuireWoods LLP, and is an expert on special servicers.
Corey Tessler chairs Winston & Strawn LLP’s 13-partner real estate group, which draws on the firm’s wider expertise. Christopher Murtaugh represented Alere Property Group on its acquisition, financing and leasing of several industrial and distribution facilities in California. The team acted for Deutsche Bank on several transactions, including a $122m loan secured by a property in Niagara Falls; a $50m loan secured by an office building in Boston; and a $94m loan secured by Barton Creek Hotel and Golf Course in Texas. Natixis Real Estate Capital is another key client, which the team represented on various deals in New York, including a $77m loan origination for the acquisition of 4 New York Plaza; a $325m loan origination for the acquisition of 650 Madison Avenue; and a $82m loan secured on 1412 Broadway. Mark Henning led a team that represented JPMorgan Chase on the restructuring of two separate $150m revolving credit agreements for real estate portfolio companies; and acted for Macquarie DDR Fund and its Australian Exchange-listed parent company on the restructuring of five separate credit facilities involving $1bn debt. High-profile new clients include Starwood Capital, RBS and Goldman Sachs.