| Biography:
Stuart T. Kapp, a partner in Proskauer’s Boca Raton office, handles commercial real estate and corporate transactions. Stuart has been recognized by Florida Trend Magazine as one of Florida’s Legal Elite which consists of the top 2% of attorneys in Florida as determined by a vote of Florida attorneys.
Stuart has handled a variety of transactions involving acquisitions, sales, leasing and financing of commercial properties in Florida and throughout the United States. His practice involves all sizes and types of real estate transactions, some of the larger transactions he has handled are as follows:
- Purchases: Office Portfolio, $93,250,000; Debt Instrument, $54,000,000; Multi-Family, $42,000,000; Stock Deal, $24,000,000; Office Property, $30,500,000;
- Sales: Multi-Family, $63,360,000; Multi-Family, $54,000,000; Vacant Land, $39,550,000; Vacant Land, $28,000,000; Office Property, $20,000,000;
- Financings: Equity, $15,000,000; Mortgage Debt, $90,000,000; Securitized Debt, $18,500,000; Mezz @ 18%, $3,000,000; Mezz @ 16% $3,350,000;
- Leases: Build to Suit, 150,000 sq. ft., 100,000 sq. ft. call center
Stuart is particularly knowledgeable in build-to-suit projects, Stuart has served as counsel in one of the larger corporate headquarters build-to-suit projects in Palm Beach County and a build-to-suit project for one of South Florida's largest call centers. He has also represented landlords and tenants in leasing of all types of commercial, office and industrial properties.
Stuart's corporate practice focuses on stock transactions and asset deals. For example, he represented a closely held South Florida software company in a sale to a public company, a transaction reported in The Wall Street Journal.
Because of his combined real estate and corporate experience, Stuart was engaged by venture capitalists to handle the acquisition of one of the country's largest office suites businesses, with more than 30 locations in Class A office buildings located in major U.S. cities. Through subsequent mergers and acquisitions, this company is now the world's largest office suites company with 469 locations in 17 countries.
Stuart has also been active in private equity matters. In 2005, one of his clients was selected as the Emerging Company of the Year for the State of Florida by Ernst & Young in their annual Entrepreneur of the Year competition. He introduced this company, which has recently completed a second round of private equity funding, to its original private equity investors. Stuart also serves as general outside counsel to a privately held wire and fiber-optic sales company which underwent a $20 million leveraged employee buy-out.
Stuart often becomes involved in litigation management and strategy. As coordinating counsel for a subsidiary of a NYSE company facing multiple suits with potential damages estimated to exceed $200 million, Stuart was responsible for assessing litigation risks and developing an overall strategy to control and resolve the cases. Finally, Stuart also works to settle issues presented by post- closing claims for indemnification growing out of a number of corporate transactions.
Stuart is active in community service and professional organizations and has served on the Board of Directors of The South Florida Chapter of the Crohn's & Colitis Foundation of America, and has acted as an attorney to the Cocaine Baby Guardian Ad Litem Project. Stuart is also the Founder and Co-Chair of the Commercial Real Estate Council, an organization consisting of South Florida’s leading commercial real estate attorneys. He is a member in good standing of the Florida and Washington, D.C. Bars.
Stuart graduated from Cornell Law School in 1989, earned a Master's degree in Governmental Administration from the University of Pennsylvania in 1986, and graduated from Vassar College in 1985. He was selected to spend his junior year of college at the London School of Economics in London, England. He was the winner of Cornell Law School's Cuccia Cup Moot Court Competition, the Regional Debate Tournament of England in Bristol, England, and the State Debate Tournament for Florida in the Two-Man Debate Category and in Student Congress. Stuart was awarded a Silver Knight Award by The Miami Herald.
On a personal note, Stuart is a native Floridian who lives in Davie, Florida with his wife, Jennifer, and their 3 children. Stuart enjoys being active in the children’s educational and sports activities. In addition, he is an avid mountain biker.
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