Representative Experience

• We have handled numerous matters for a real estate investment fund involving commercial real estate disputes (construction, access, lease interpretation, among others) in Chicago, Texas, Missouri, Massachusetts, Virginia, California, Maryland, and elsewhere.
• Represented a developer and his investment group in a series of lawsuits and arbitrations resulting from disputes arising out of partnership agreements, including a $140 million mixed-use building and six other mixed-use residential and commercial facilities.
• Represented the real estate lender in restructuring of a property and dealt with various issues, including the use and characterization of cash collateral and a hostile takeover through the plan confirmation process.
• Negotiated the workout of a Massachusetts developer with $6 million in debt to a regional bank for a fully permitted multifamily project that was partially built.
• Represented a national commercial real estate operator in one of the largest bankruptcy proceedings ever brought in the District of Massachusetts involving claims owed on the premier office tower in Boston — at the close of Mintz Levin’s presentation of evidence in the trial, the debtor agreed to pay $679 million to our client.
• Assisted a national discount retail chain with Chapter 11 issues including the divestiture of surplus real estate and the assignment and assumption of real estate leases.
• When a town shut down much of a client’s quarry, Mintz Levin not only appealed, but also sued the town for damages, for illegally doing the bidding of a town official whose home abutted the quarry. Very early in the trial, the town capitulated.
• To construct a new headquarters office tower, our insurance company client obtained a rezoning. The owner of the remainder of the same city block challenged the rezoning, trying to force our client to buy him out or the city to allow him to build a tower as well.  As Mintz Levin has successfully defended the lawsuit, our client’s tower is being constructed.
• Successfully represented a shopping mall owner in a lease dispute with a national retailer anchor tenant. Our client was adding another national retailer to its mall, and the existing anchor tenant sued for an injunction, claiming a contract right to veto any changes in the mall’s footprint. After we convinced a judge in the Business Litigation Session of the Superior Court to deny the injunction request, and after expedited discovery, the existing anchor tenant settled with us on very favorable terms on the eve of trial, allowing the new tenant to open its anchor store on schedule.
• Represented a client who purchased a very expensive building lot in downtown Edgartown in a boundary dispute on Martha’s Vineyard. A subsequent survey revealed that the property line might not be where the seller said it was, and if so, the lot was too small to be buildable. We sued the developer/seller, obtained an attachment on adjoining land still owned by the seller so as to allow for a lot line adjustment, fought off an appeal of that attachment, and obtained an agreement from a neighboring condominium that the lot line was really where we had been told it was. We then mediated our monetary claims to successful settlement with the developer/seller.
• Decision by the Massachusetts Supreme Judicial Court protecting fast-track approval for affordable housing.
• Decision by the New York Appellate Division to set aside the jury verdict against our client, a high-profile real estate developer, in a race discrimination case.