Litigation and Transactions

Examples of Litigation and Transactions Handled as the Lead Outside Counsel.

THE RESULTS IN EACH CASE OR TRANSACTION DEPEND UPON A VARIETY OF FACTORS UNIQUE TO THE CASE OR TRANSACTION. THE RESULTS DESCRIBED BELOW DO NOT GUARANTY OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE OR TRANSACTION UNDERTAKEN BY THIS LAW FIRM, WHETHER OR NOT SUCH FUTURE CASE OR TRANSACTION IS SIMILAR TO THE CASES AND TRANSACTIONS DESCRIBED BELOW.

Foreclosures and Evictions
  • I took over a foreclosure defense, of a condominium building, at a time when (a) the client/debtor’s voluntary bankruptcy petition had been dismissed; and (b) the lender’s civil suit, against the client and its principal personally as guarantor, had been lost on all liability issues. I was able to get the bankruptcy re-instated and obtain a favorable settlement of the civil suit.

  • As local counsel, handling a foreclosure, for a major national bank, of a condominium complex securing a $100,000,000+ loan.

  • Foreclosure, for another major national bank, resulting in a purchase price of $10,700,000, for undeveloped land in Washington, D.C.

  • Foreclosure, of the sublease, of the retail floors and annex of the Old Post Office Pavilion in Washington, D.C., for a third major national bank, including addressing the construction and tenant issues involved; and a restructuring of the master lease therefore with the U.S. General Services Administration.

  • Workouts of various commercial loans, including one, for a major national bank, of a major residential subdivision in a mixed-use complex.

  • Sale of a hotel, for $17,100,000, on the eve of bankruptcy, including fighting-off mechanics liens and distribution claims.

  • Purchase, in a contested bankruptcy proceeding, of an internet service provider’s system and contracts, including 20 stations across the country.

  • Foreclosure of a medical office building, including getting various bankruptcy filings dismissed.

  • Termination of 3 U.S. General Services Administration leases, totaling 443,214 square feet, with a possible releasing after the reconstruction was completed.

  • Lease termination agreements, with numerous types of tenants, to vacate a major office building for redevelopment.

Entity Structurings and Restructurings
  • Land development partnership dispute for the headquarters site, and surrounding golf course, of a publicly held company.

  • Planning the consolidation of 3 limited partnerships, each with different investors/limited partners.

  • Planning the withdrawal, of a managing member, from multiple LLCs.

  • Numerous LLC operating and buy-out agreements.

  • Various LLC member distribution, authority, transfer and other disputes.

Acquisitions And Sales
  • Purchases and like-kind exchanges, for a Fortune 500 company, of over 40 office and warehouse buildings.

  • Participating ground lease, for a Fortune 500 company, for a 300,000+ square foot office building.

  • Sale of 125 cellular tower sites, for a Fortune 500 company, including handling various land use issues associated therewith.

  • Land sales and CC&Rs, for a Fortune 500 company, for the development of an office park.

  • Local real estate counsel, for a Fortune 500 company, in a divestiture

  • Contract, for a Fortune 500 company, for the acquisition of two golf courses for residential, retail, and office development.

  • I took over a proposed acquisition, of a warehouse, at a time when, according to opposing counsel, the transaction was on “life support”. I was able to effectuate the purchase of the property by my client.

  • Negotiating a contract of sale and development agreement, with the Washington Metropolitan Area Transit Authority, for the development of a regional mall, hotels and apartment complexes at one of its major metro-rail stations.

  • Contract for the development of a resort hotel, signature golf course, marina and residential complex in a foreign country; and letters of intent for the development of other such projects in other countries.

  • Acquisitions of land, for a national developer, for development as apartment complexes.

  • Up-REIT involving six apartment projects.

  • Agreement, with a "name" golf course designer and a major developer, for the development of a signature golf course in the middle of a residential subdivision.

  • Successful lobbying, for a local developer, to change the County transfer tax laws, to exempt the transfer, of large acreage, to a planned unit development, thereby making the project feasible.

  • Sale of a package of 7 retail outlets.

  • Sales and purchases of hotels, including handling liquor license and sales tax issues.

  • Sale of two apartment complexes for a national developer.

  • Amendment to contract, for a foreign country, for the acquisition of the property upon which it developed an embassy.

  • Acquisitions, ground leases, space leases, construction contracts, and CC&Rs and other development agreements, for a retailer, for its 80,000 square foot retail stores and shopping centers.

  • Portfolio sales, of over 163 foreclosed properties, for a total of over $360,000,000, for a U.S. Goverment agency; and take-back institutional financing for approximately 80 of those properties; including (a) drafting bidding procedures and packages for auctions; (b) helping that agency find ways of resolving numerous inter-departmental conflicts, and to comply with various complex, and often contradictory, regulations; and (c) resolving the various land use, environmental, and other problems that had led to the failure of those properties.

  • Numerous land acquisition contracts, including dealing with land use approvals, environmental issues, establishing regional utility-sharing facilities, and sharing land use permissions.

Financings
  • Various commercial refinancings, including one in which, by restructuring the proposed loan, I saved the borrower almost $600,000 in State and local transfer and recordation taxes.

  • Reviewed the loan documents and issued, as local counsel, attorney’s opinions for numerous large acquisition and construction financings (a) many of which included addressing land use approvals and environmental complications; and (b) one of which was a Fannie Mae opinion for a loan, of $213,000,000, secured by 10 apartment complexes in 5 states.

  • Representing the borrowers in the issuance of municipal bonds, in the District of Columbia and in Maryland, for (a) the development of a warehouse/distribution center, (b) the acquisition of computer equipment for a college, and (c) the refinancing of a large office building.

  • Various refinancings, of U.S. properties, for banks lending to foreign governments for embassies, including dealing with sovereign immunity issues.

  • Negotiated various other loans and refinancings for various borrowers.

Construction Contracts
  • Construction contract for the development of an $880,000,000 inner-city rail line with office buildings, hotels and other real estate projects at each station.

  • Construction contract, for the development of a series of mini-hospitals, totaling more than $49,000,000.

  • Construction contracts, for the development resort communities, totaling more than $1,700,000,000.

Leases
  • Ground leases and related development agreements for the construction and operation of (a) 80,000 square foot big-box stores for a national retailer, and (b) a warehouse park, including for outlots with various national retailers.

  • Leases, for a national developer, with various government agencies.

  • Lease-outs of shopping centers, for developers, including leases to national retailers.

  • Warehouse, office and retail space leases for non-profits.

  • Leases for various tenants, including for my former law firm and a large accounting firm.

  • Various lease assignments and subleases.

Tech Agreements
  • Outsourcing, teaming, licensing, employment, non-compete, confidentiality, subcontracts, facilities sharing, joint venture, consulting, buy-out and other agreements for various start-ups and officers, directors and other key employees.

  • Termination of antenna lease, on a tower, for a Fortune 500 company.

As an Assistant Attorney General
  • Civil rights lawsuit against the State of Maryland.

  • An employee discharge protest.

  • Numerous administrative hearings representing, or before, agencies of the State of Maryland, including high-publicity cases involving the payments of kickbacks by architects and engineers to a County official.

  • Numerous court appeals of agency decisions.

  • Drafting regulations for those agencies.

  • Representing a Maryland state agency in hearings, before a State Legislative committee, over a complaint, stemming from newspaper publicity, over a proposed bank branch.