Founded upon years of hands-on experience, and through a combination of in-depth legal expertise and extensive business knowledge, we provide clients with responsive and focused assistance toward the achievement of their objectives.
We work diligently and in a timely fashion to develop creative and practical solutions to challenging problems, while working closely with our clients to determine how the transaction can be most beneficially and effectively structured and closed. At the same time, we strive to protect our clients from undue risk. In matters that require multi-disciplinary support, we are at the ready with a team approach from appropriate departments – such as corporate/securities, tax or finance. We also work in tandem with the clients’ other professionals and advisers.
Regardless of the type of transaction or the nature of our clients’ concerns, we always provide an analytical framework for assessing risk and reward and maximizing results on a cost-effective basis.
Whether you are an individual, a family enterprise, a public or a private company, a hotel or a resort, a sovereign entity, a lender or a borrower, a landlord or a tenant, we cover every aspect of real estate – commercial or residential, financing and refinancing, securitizations, franchising and all operational issues.
***
SAMPLE PRACTICE AREAS
ACQUISITIONS AND SALES
Our
real estate group represents domestic and international buyers and sellers of
commercial office buildings, shopping centers and malls, hotels and resorts,
residential units and complexes, industrial properties, health care facilities
and undeveloped land. Our experience
includes:
Acquisitions and sales throughout the world
Joint ventures, limited liability companies
and partnership transactions
Transactions involving entities subject to
bankruptcy proceedings
Portfolio sales and acquisitions and other
“bulk” dispositions of equity interests and debt
Sales-Leasebacks
Ground lease transactions
Private placement of equity investments
Acquisitions of property for REITs
CAPITAL MARKETS LENDING
Our
real estate group has extensive experience in structuring complicated financing
transactions for lenders and borrowers in connection with the acquisition,
construction, development, refinancing and sale of multi-family, commercial,
retail, hotel, industrial, health care, art-related and residential
properties. We counsel and represent
clients on the following:
Securitized loans, with related defeasance
issues
Construction loans
Interim and permanent financings
Mezzanine financings
Loan portfolio acquisition financings
Participating and convertible mortgage loans
Subordinated financings and intercreditor arrangements
Credit-enhanced facilities
Bond financings
Syndicated, “club” and participated loans
Private placements of secured debt
Equity financings
Ground lease financings
Credit tenant financings
Swap agreements
COMMERCIAL LEASING
Our
real estate group represents a number of landlords of properties in the New
York metropolitan area and throughout the United States, as well as numerous
office, retail, showroom, warehouse and galley tenants. In addition to handling lease negotiations
for owners and tenants, we have expertise in the following areas:
Employment issues
Restaurant leases
Structuring, negotiating and auditing rent escalations, including real estate taxes, operating expenses and labor rates
Negotiating leases with highly technical electrical, emergency power and telecommunications requirements
National retail flagship and outlet store leases
Landlord-tenant disputes and litigation
Securing the performance of landlord and tenant obligations in bankruptcy and other workout situations
Parking garage leases
Operating agreements
Telecommunications site and access arrangements, for licensors and licensees
Subleasing and Assignments
DEVELOPMENT
EVW’s
real estate group represents clients in the acquisition, financing, development
and sale of all types of properties, unimproved and improved, for residential
and commercial use, including major office buildings, shopping centers, luxury
hotels and resorts, condominiums and multi-family housing projects throughout
the United States. Our lawyers advise
and represent clients on a wide array of legal matters attendant to real
property development and operation, including:
Acquisition, development, operating and
disposition of major real estate projects
Structuring of financing transactions;
ownership agreements, including limited liability companies, partnerships and
joint ventures; and the negotiation of ground leases
Due diligence, title and environmental
review, negotiation, documentation and closing of real estate acquisitions and
sales, and all post-closing matters
Refinancing and restructuring of
non-performing financing obligations
Negotiation and drafting of development
agreements, management agreements, condominium documents, easements,
restrictive covenants and other agreements related to real estate development
Review and analysis of construction
contracts, architectural and engineering (AIA) contracts, and owner and contractor
claims
Franchising agreements
MEZZANINE LENDING; SECURITIZATIONS
Equity
financing is sometimes available in the context of an acquisition of a property
or the refinancing of a mortgage loan. We
have experience in addressing the countervailing interests of securitized
mortgage lenders and mezzanine lenders so that critical issues in intercreditor
agreements are concluded, meeting lenders’ needs and requirements while
protecting borrowers’ interests, as the case may be. Complete familiarization with defeasance,
bankruptcy-remote organizational requisites, swap agreements and other
financial instruments avails us to cover any and all possible requirements on
any secured transaction.
WORKOUTS AND RESTRUCTURINGS
EVW’s
real estate team has significant experience representing clients in troubled
financings and bankruptcy situations. We
advise secured and unsecured creditors, loan servicers, special services,
acquirers and other interested parties in major debt and equity restructurings
in and out of court settings. We
represent investors, including public and private real estate funds, equity
funds and developers, whose primary focus is the acquisition, development
and/or disposition of distressed real estate, as well as lenders and borrowers
faced with distressed real estate situations in workouts, restructurings,
foreclosures, deeds in lieu of foreclosures, receiverships, and Chapter 11
cases.
OTHER AREAS
Representation of brokers
Representation and guidance of management and
operational organizations
Purchase, sale and financing of houses,
condominiums and cooperative units whether they be apartments, offices or
stores
Representation on all aspects of insurance
coverage, from anti-terrorism issues, to environmental liability, to casualty
situations, we guide clients on their needs, any claims as well as represent
clients in regard to any disputes
Practice Areas 
