Avoiding disputes and navigating sensitive business matters

It’s a complicated economic outlook. Disputes and insolvencies may increase due to recessionary pressures, potential overvaluation of assets, and other issues. Companies need sophisticated advice if transactions do take an unexpected turn. We can advise you on avoiding controversy, and how to strategically navigate complex disputes, restructuring and insolvency. 

We advise on all types of real estate disputes, litigation, arbitration and mediation across all forums. Our top-tier trial lawyers have experience in all areas, including claims against a tenant, disputes among parties to a purchase and sale agreement, defending or enforcing a foreclosure or repossession, construction disputes or a dispute among joint venture partners.

We act for clients including private equity firms, financial institutions, real estate developers, REITS, government agencies, and other commercial real estate owners such as retailers and manufacturers.

Our work includes advising on issues relating to acquisitions and dispositions, commercial and residential loans, condemnations and eminent domain, construction and design issues, easements and covenants, entitlements, and zoning. We’re also experienced in environmental litigation regarding leased and owned property, and in aspects of construction and design-defect litigation, delay claims, mechanics’ liens in the US, and priority rights.

“Very good at handling complex and sophisticated matters. The group's service levels and responsiveness are always very strong…they are always willing to go the extra mile to ensure client deadlines are met.”

Client, Chambers 2024

Disputes arise in even in the most carefully managed situations. By working with you at an early stage, we develop strategies that are designed to avoid issues, minimize uncertainty, and create pragmatic business-driven solutions. In the absence of a negotiated outcome, we use the most appropriate and cost-effective methods for resolution.

In restructuring and insolvency, we aim to maximize returns while minimizing losses, costs and uncertainty. Our clients include borrowers, landlords, lenders, government entities, trustees, shareholders and senior executives. We also act for distressed debt and asset buyers and investors.

We have acted as outside foreclosure and asset recovery counsel to numerous borrowers and financial institutions. We also handle multi-district and multi-county foreclosures, restructures and workouts involving office buildings, office parks, shopping centers, residential developments, mixed-use complexes, hotels and resorts, franchises, and dealerships.

Real Estate Disputes and Restructuring
  • Asset management client with loan restructure and related maintenance matters in connection with financing secured by a portfolio of five industrial warehouse properties located throughout Mexico.
  • Blackstone on the restructuring of its GBP1.8 billion Tower portfolio and the subsequent work-out of the portfolio.
  • Defendants in a complex claim across England & Wales, the BVI, Austria, Germany and Switzerland in the London Commercial Court for alleged fraudulent receipt of circa GBP100 million. The case involves serious allegations of fraud, and forensic financial analysis of transactions between 2009 and 2017.
  • Defendants in a high value, complex High Court claim in the UK relating to the acquisition of a large commercial building in Canary Wharf with a GDV of GBP310 million.
  • Developer on USD100 million in claims for construction defects and water intrusion arising out of a 21-building apartment complex, involving 20 parties, separate insurance coverage case and tenant class actions.
  • Greenland USA in a transaction that involved settlement of litigation and the related restructuring of a joint venture between Greenland and Brookfield Properties for the ownership and development of the USD12 billion Pacific Park project (formerly known as the Atlantic Yards project) in downtown Brooklyn, NY.
  • Investment and real estate partnership in a six-week trial in Sonoma County Superior Court in which the plaintiff alleged contract and tort damages exceeding USD30 million arising out of option and JV agreements. The court awarded a full defense judgment and awarded attorneys' fees and costs to our client as the prevailing party, a judgment upheld in its entirety by the California Court of Appeal, First Appellate District, along with additional appellate fees and costs awarded to the client.
  • Jo-Ann Stores in securing a complete victory via summary judgment before the Sacramento County Superior Court (via cross-summary judgment motions) and on appeal before the California Court of Appeal (3rd District), thus favorably impacting our client’s rent obligations on a large number of California retail leases. The case involved the landlord of a shopping center in the Sacramento area attempting to invalidate a “co-tenancy” provision in the parties’ commercial lease under a 2015 California Court of Appeals case (Grand Prospect), wherein the Court of Appeal both criticized and distinguished the Grand Prospect case.
  • lululemon in lease dispute with Prudential Center (Boston) landlord, obtaining dismissal of landlord’s claim alleging bad faith lease amendment negotiations.
  • Owner of a 1.5 million SF office complex in a USD220 million breach of contract and fraud action spanning nine complaints litigated in state, federal and bankruptcy courts, as well as the Ninth Circuit Court of Appeal, and prevailing for our client at each stage of the proceedings, that resulted in a favorable settlement.
  • Real estate developer in USD80 million commercial litigation regarding redevelopment of South Street Seaport and historic Seaport district in lower Manhattan, resulting in complete defense verdict for our client.
  • US multinational footwear, apparel and equipment corporation in connection with a major dispute arising out of the USD400 million construction of one of five buildings included in a headquarters expansion project which experienced significant delays.
  • Wood Group USA LLC in connection with disputes related to the construction of the USD250 million DuPont expansion project in Circleville, Ohio.

Contact

Print