Overview
Everyone involved in the world of real estate -- landowners, property managers, developers, corporate tenants and lenders -- face continuous exposure to the risk of litigation. Our real estate litigators represent clients in cases at the trial and appellate levels as well as in transactions, restructurings, negotiations, and arbitrations. We have experience in matters involving leases, commercial evictions, foreclosures, bankruptcy, air rights, receiverships, insurance coverage, and real estate partnership and estate syndication disputes, including securities and financing issues.
Our advice in the early stages of a deal can help prevent litigation in the future. We play an important role in the due diligence process of real property acquisitions, dispositions and financings as well as in corporate mergers and acquisitions. This not only involves the drafting of agreements and proposing appropriate remedies for breach, but also examining properties for compliance with regulations such as those governing the environment and the Americans with Disabilities Act. We are also known for our tax certiorari experience representing property owners in administrative and judicial proceedings.
Our real estate litigators offer support to our colleagues on transactional matters and draw on the knowledge and experience of the lawyers in our other leading practice areas, including taxation, insurance coverage, labor and employment, finance and bankruptcy, to support us in any type of litigation as required by our real estate clients.
Areas of Focus
-
Accessibility and Accommodation Issues
-
Commercial Lease Disputes
-
Construction Litigation
-
Environmental Issues
-
Foreclosures
-
Insurance Coverage
-
Labor-Management Relations
-
Mergers & Acquisitions
-
Premises Liability Defense
-
Restructurings and Workouts
-
Tax Certiorari
Key Representations
-
14 Penn Plaza in a precedent-setting victory before the U.S. Supreme Court, which held that mandatory arbitration clauses for age discrimination claims in collective bargaining agreements are fully enforceable
-
Silverstein Properties, owner of the World Trade Center, in the $4.55 billion global settlement of all insurance coverage litigation relating to the September 11th attacks on the Twin Towers
-
Eastern Parkway Associates, an owner and operator of subsidized affordable housing, in a tax certiorari win that established that real estate valuation must take into account market conditions and the future expectations of income
-
Numerous commercial lease and real estate partnership disputes