Litigation
Real Estate Disputes
Connecting the deep bench of expertise in litigation, real estate, finance, land use, tax, and bankruptcy, the real estate disputes practice group advises and represents clients through all stages of real estate transactions, development, enforcement actions and other disputes.
Ranked Band 1 for Real Estate Nationwide – Chambers USA
Real Estate Department of the Year – Chambers USA 2024
Ranked Tier 1 for Real Estate Nationwide – Legal 500 U.S.
2024 Real Estate Group of the Year – Law360
Overview
The real estate disputes group is comprised of lawyers with experience in virtually all aspects of real estate, including real estate transactions, real estate litigation, land use, finance, tax and restructuring, with attorneys located throughout the U.S., London, Paris, and beyond.
Our mission is to add value for our clients in whatever way we can. We advise clients from deal formation through dispute resolution, with the aim of both avoiding disputes and setting the stage for our clients to prevail in any disputes that may arise. If litigation is unavoidable, the group has extensive experience litigating virtually every type of dispute, involving virtually every asset class, and in virtually every major market, including in connection with foreclosures and/or bankruptcy.
We advise and represent clients in every part of the real estate ecosystem, including:
- lenders (mortgage, mezzanine and unsecured)/borrowers;
- guarantors/guarantees
- developers
- landlords (commercial/industrial/residential)/tenants;
- buyers/sellers (across asset classes);
- joint venture investor members/joint venture operating members;
- licensors/licensees
- data centers/hotels/food and beverage/golf courses
Early involvement of the disputes group helps avoid future disputes, resolve disputes that do arise early and more favorably, and when necessary, few firms can match the group’s real estate trial and appellate experience.
- Deal document advice
- Advice on important deal terms
- Removal/Termination/Default Provisions
- Remedies/Remedies Enforcement
- Guarantees
- Choice of Law; Forum; Dispute Resolution Provisions
- Advice based on a wealth of litigation, arbitration, trial and appellate experience
- Advice on important deal terms
- Pre-litigation representation
- Help drive strategy based on substantial experience
- Notices/pre-litigation communications/confidentiality/privilege issues
- Negotiated Settlements, Amendments, Terminations
- Litigation / Dispute Resolution
- Assist with negotiating dispute resolution provisions.
- Using litigation as a tool to drive value through settlement when possible; offer creative solutions to complex problems.
- Clients can depend on decades of experience mediating, arbitrating, litigating, and trying cases throughout the United States.
“The depth of the team is a highlight and their commercial acumen is top tier. ”
Chambers USA, Client Quote
Experience
Recent representations include:
- Recently completed trial in a complex construction defect and lease dispute in a JAMS arbitration in Washington, D.C.
- Recently completed trial in an action seeking specific performance and reformation based on fraud in connection with a large commercial real estate acquisition, in Chancery Court in Nashville, Tennessee.
- Recently completed trial in a multi-million-dollar commercial lease dispute in Los Angeles, California.
- Successfully defended a lender in a mechanics lien foreclosure action in Los Angeles while guiding the lender through a completed non-judicial foreclosure.
- Successfully challenged the removal of the operating member of a joint venture in a JAMS arbitration in New York.
- Successfully tried a case in Los Angeles over the removal of the operator of a joint venture and control over almost $500 million in multi-family real estate; also obtained dismissal of a related $12 billion claim.
- Successfully obtained dismissal of an action in federal court in New York in which a non-traditional lender sought to enforce a Guaranty in a manner not permitted by the Guaranty.
- Successfully defended a lender against a temporary restraining order seeking to derail a non-judicial foreclosure in Orange County, California.
- Successfully obtained dismissal of a lawsuit in Los Angeles against a buyer, brought by a former owner, seeking to enforce an “anti-flip” provision in a prior deed.
- Successfully obtained dismissal of complaint by proving plaintiffs’ key documents to be forgeries, awarded over $6 million in fees and costs.