Real Estate Leasing

Served as lead counsel to a regional skilled nursing facility owner and operator for nearly a decade, advising on the full lifecycle of its portfolio — from initial growth through strategic divestiture. Our representation began when the client owned approximately four facilities and expanded to include a 22-facility portfolio across three states. Notable transactions included: (1) The stand-alone acquisition of a 450+ bed skilled nursing facility, which also included a limited number of state-licensed CCRC and assisted living units; (2) A five-facility portfolio transaction involving a strategic partnership with a REIT. The REIT acquired the real estate, while our client entered into a long-term, multi-site ground lease and continued to manage and operate the facilities; (3) A separate five-facility acquisition, financed through a Canadian private equity investor, featuring a complex preferred equity structure with management kick-out rights, liquidation preferences, and other negotiated protections; and (4) The sale of the entire 22-facility portfolio through four distinct transactions: a 14-facility owned portfolio sale, a five-facility leasehold portfolio transaction, and three individual facility sales. In addition to our role as transactional counsel in the deals above, we acted as outside general counsel to the client, advising on employment matters, executive compensation, debt and equity financings, union negotiations, and contract matters, while overseeing local regulatory specialists in multiple jurisdictions.

The firm has assisted a Maryland-based cannabis company on multiple employment law matters, including policy development, training and employee relations and labor issues. The firm also has represented the company in its acquisition of two dispensaries, certain financing matters, various real estate leasing matters and litigation.

Advise borrowers and property owners on purchase and sale agreements, loan documents, leases, property management agreements and a wide range of other real estate contracts.

Successfully represented a land owner of multi-million dollar property adjacent to a public transit station in declaratory judgment and breach of contract arbitration involving ground lease disputes.

Representing a luxury resort and casino in negotiations for a multi-level parking garage lease. This is an expansion of existing space under a long-term lease and will allow the tenant to provide its visitors with safe and convenient access to the hotel and casino building.

Represented a multinational investment bank and financial services company in hundreds of ATM location leases across the United States. Work included the preparation and negotiation of office, branch and ATM leases; post-lease execution facilitation of documentation and other delivery items, and resolution of tenant improvement issues; interfacing with client representatives and brokers, in addition to landlord’s counsel and business representatives; the review of covenants, easements and third-party ground leases; and the coordination of ancillary documents including commencement agreements, recognition agreements and subordination attornment and non-disturbance agreements. We provide similar services for other financial institutions, primarily in the mid-Atlantic region.

Represent a retail company and its affiliated entities as their North America leasing counsel. Our representation includes review and negotiation of pad site and in-line leases for retail, office, and warehouse/distribution facilities. Work include the preparation and negotiation of leases; post-lease execution facilitation of documentation and other delivery items, and resolution of tenant improvement issues; interfacing with client representatives and brokers, in addition to landlord’s counsel and business representatives; the review of covenants, easements and third-party ground leases; and the coordination of ancillary documents including commencement agreements, recognition agreements, lien waivers benefiting the client’s lenders, and subordination attornment and non-disturbance agreements. Our representation included the recent sale/leaseback component and lease assumption component of multi-property asset acquisitions in the Southeast and Southwest regions. We continue to represent this retail company in transactions elsewhere in the United States.

Represented a mid-Atlantic retailer, in the renegotiation of an existing lease. The developer was significantly delayed in its construction of the shopping center, preventing the client from completing its build out of its store and forcing the client into a holdover situation at its existing location. The original lease terms provided very limited recourse in connection with the landlord delay. We negotiated a revised construction schedule that provided more definitive completion requirements and robust penalties for continuing delays, in additional to certain financial concessions.

Represented a retail company in the sale of its corporate headquarters (85,000 square feet) and contemporaneous leaseback of the entire property. We handled all aspects of the contract and lease drafting and negotiations. We also assisted in the review and handling of related due diligence issues. The client was selling the majority interest in the company at the same time and worked with the client’s corporate counsel in connection with this related transaction.

Obtained multiple judgments, following trial or motion, on behalf of national, regional and local real estate developers in commercial lease matters.