Real estate
practice group
subtitle
March 10, 2016
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Nixon Peabody LLP
Real estate practice group
Julie Hancock
Sense Ahead Bios
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Bruce J. baker
Bruce Baker co-leads the firm’s Campus Infrastructure & Community Development team. He focuses on the construction aspects of real
estate development and financing projects. He also represents banks and other financial institutions on regulatory and enforcement matters.
Bruce J. Baker
Partner
Rochester, NY: 585-263-1232
bbaker@nixonpeabody.com
Education
Harvard Law School, J.D.
University of Pennsylvania, B.A.
Admissions
Admitted to practice in New York and the United States District
Courts for the Southern, Eastern and Western Districts of New
York.
Services
Design, development and construction contracts
I represent owners, developers and lenders in connection with the structuring and negotiation of EPC, design/build, design and construction
contracts for complex projects in all asset classes, ranging from commercial and institutional buildings to sports stadiums, toll roads and
airport terminals as well as power plants and process manufacturing facilities. Most of the clients I represent are in the higher education, power
generation and food/beverage manufacturing industries. In addition to structuring and negotiating design and construction agreements, I
represent clients in negotiating development and joint venture agreements, contract interpretation and claims consulting and performance
security matters. I represent banks and other financial institutions in connection with regulatory and enforcement matters.
Campus Infrastructure & Community Development
How can colleges and universities partner with their surrounding communities to build facilities that support the economic health of the area?
What ways can academic institutions leverage private financing—or public programs—to build these facilities? I am intrigued by the
interaction between academic institutions and their surrounding communities and how this factors into campus development projects,
especially in urban locations where space is precious.
Energy facilities
Recently, we’ve been helping utilities decommission and demolish older power plants that have outlived their usefulness. The contracts for
this work are extremely complex, with numerous regulatory and environmental hurdles to clear.
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Lori A. Bowman
Lori A. Bowman
Counsel
Lori Bowman primarily engages in matters relating to commercial real estate development and financing. She regularly represents institutional
lenders and developers in construction and bridge and permanent financing for commercial, manufacturing, industrial, retail, office,
warehouse and residential projects with both conventional financing and tax-exempt bonds.
Rochester, NY: 585-263-1638 lbowman@nixonpeabody.com
Services
Education
Lending
University at Buffalo, School of Law, J.D.
State University of New York at Geneseo, B.S.
I primarily represent commercial banks, investment banks, insurance companies and other financial institutions in complex structured real
estate finance transactions. These include mortgage loans as part of securitizations, and mezzanine, construction and bridge loans for
properties such as hotels, retail, office, multifamily housing and industrial sites. Most recently, I provided real estate lender services to Citigroup
Global Markets Inc. in connection with a $1.8 billion fertilizer plant in Wever, Iowa. The recent downturn resulted in a lot of workout and
restructuring work, in which I helped clients purchase and sell performing and non-performing debt in the secondary market.
Admissions
Admitted to practice in New York.
Real Estate Development
Another aspect of my practice encompasses development. I represent developers in planning, developing, constructing and financing a variety
of projects, including college and university projects. Recently, I worked with a team that closed an approximately $68 million bond
transaction for The City University of New York to help finance the construction and development of student housing units and related
facilities for the College of Staten Island.
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Robert W. Burgdorf
Partner
Bob Burgdorf’s practice is concentrated in several broad areas, including real estate law and legal services to higher education institutions.
Representative clients include private developers, public utilities, college and universities, energy companies and commercial landlords and
tenants.
Rochester, NY: 585-263-1333
rburgdorf@nixonpeabody.com
Services
Land use and zoning
Education
Cornell University Law School, J.D., cum laude
St. John Fisher College, B.A., magna cum laude
I have concentrated much of my practice in representing companies in contested land use and zoning projects, including securing permitting
for more than 1,500 cell tower sites over the last 25 years for the nation’s largest cellular telephone provider. Related experience involves
litigation arising out of the permitting for these types of projects as well as real estate litigation generally, commercial landlord/tenant disputes
and other general real estate and development matters.
Robert W. Burgdorf
Admissions
Admitted to practice in New York.
Higher education
My practice also includes providing the broad range of legal services necessary for the day-to-day operations of higher education institutions.
Upstate New York
Land use and zoning matters have become increasing complex as municipalities seek to more rigorously regulate what are often scarce
remaining developable areas in Upstate New York’s metropolitan areas. Prudent developers will be thoughtful about carefully considering all
available permitting tools and will need to place additional emphasis on producing a proper record before boards.
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Dana K. Campbell
Dana K. Campbell
Associate
Rochester, NY: 585-263-1672
dcampbell@nixonpeabody.com
Education
SUNY Buffalo, J.D.
University of Cincinnati, B.A., magna cum laude
Admissions
Admitted to practice in New York.
Dana Campbell represents clients in commercial real estate matters, including in the areas of telecommunications leasing and land use and
zoning.
Services
Telecommunications
A primary focus of my practice today involves real estate work in the telecommunications industry. For example, I have negotiated numerous
leases for wireless facilities on behalf of a major telecommunications provider. My work in this industry also includes obtaining land use and
zoning approvals and handling purchase and sale transactions between telecommunications providers.
Higher education
Outside the telecommunications arena, I work with higher education institutions. Recently, I have represented several college and university
clients on real estate matters relating to land use and zoning and public finance.
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Ethan J. Ceplikas
Ethan Ceplikas counsels real estate owners and developers as well as businesses operating within the Commonwealth of Massachusetts.
Services
Ethan J. Ceplikas
My practice encompasses several areas that leverage my past business experiences. This helps my clients meet their operational goals.
Associate
Commercial real estate transactions
Boston, MA: 617-345-1173
eceplikas@nixonpeabody.com
I assist affordable housing owners and developers on acquisition and disposition of multifamily properties, including those financed with lowincome housing tax credits (LIHTCs). I recently assisted a client in acquiring and financing a 190-unit affordable multifamily development in
Framingham, Massachusetts.
Education
Loyola University Chicago School of Law, J.D., cum laude
Babson College, B.S., magna cum laude
Admissions
Admitted to practice in Massachusetts.
Real estate asset management
I work with property owners to manage their assets, handling property management agreements, vendor contracts, tax abatement and other
legal issues. For example, I negotiated a complex tax settlement with the City of Boston, saving approximately $400,000 over the next three
years.
Representation of business owners
Retail, restaurant and other business owners also rely on my experience, and I represent clients before regulatory authorities, including the City
of Boston Public Improvement Commission and the Commonwealth of Massachusetts Alcoholic Beverages Control Commission. I recently
helped a new Boston museum obtain a liquor license for private events.
Seniors housing
With the Seniors Housing team, I represent facility owners and operators. I assisted a prominent Boston developer with title analysis and the
$33 million financing for a seniors housing complex in Boston’s Chinatown neighborhood. I also provided zoning and permitting advice to a
client relating to the development of seniors housing in the former South Weymouth Naval Air Station.
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Ashley E. Champion
Ashley E. Champion
Associate
Rochester, NY: 585-263-1361
abaker@nixonpeabody.com
Education
Albany Law School of Union University, J.D., cum laude
Niagara University, Political Science, B.A., magna cum laude
Admissions
Admitted to practice in the state of New York.
Ashley Champion’s practice encompasses all aspects of commercial real estate transactions.
Services
Commercial real estate
I work with property owners, investors and developers in acquiring, selling, leasing, financing and developing commercial and institutional real
estate. Recently, an institutional client asked us to help it acquire a hospital campus. We quickly assembled a team of relevant disciplines and
closed the transaction in short order.
Land use and zoning
Complex zoning and land use matters require dealing with and/or harmonizing the concerns of multiple stakeholders. I guide private sector
clients through the maze of governmental processes and appear before municipal boards to secure the permits and approvals our clients need
to move their projects forward. I also work with utility companies in large, complex projects that require coordinated teams of multiple practice
areas.
Medical facilities
As the U.S. population continues to age, demand for medical facilities has increased—and so has the need for real estate services to construct
and transfer interests in these facilities. I work closely with institutions and health care providers to buy, sell and lease hospital, nursing home
and medical office facilities.
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Colette A. Dafoe
Colette Dafoe focuses her practice on all aspects of commercial real estate transactions, representing owners, investors and developers in
acquisitions, sales, leasing, financing and development of commercial real estate. Her practice involves drafting and negotiating purchase and
sale agreements, leases and loan documents and performing due diligence and other site acquisition services.
Services
Multifamily and senior housing and care
Colette A. Dafoe
Partner
Washington, DC: 202-585-8393
cdafoe@nixonpeabody.com
Education
Northeastern University School of Law, J.D.
Tufts University School of Medicine, M.P.H.
St. Lawrence University, B.S., summa cum laude
Admissions
Admitted to practice in Massachusetts and the District of
Columbia.
I work on multifamily housing matters, particularly with respect to the senior housing and care industry. I represent clients in transactions
ranging from single property matters to several of the most notable transactions in the industry involving publicly traded and privately held
clients. My clients include investors, financiers, purchasers and providers and sellers of multifamily apartments, active adult communities,
assisted living facilities, nursing homes and CCRCs.
Restructuring and workouts
My restructuring and workout experience includes workouts of commercial loans, portfolio and securitized loans, distressed property sales
and representation of lenders in debtor-in-possession financing transactions.
Representative Experience
—Serves as outside general counsel to the largest continuing care retirement community in metropolitan Boston, handling its day-to-day
legal affairs and mitigating operating risks.
—Represents a regional health care lender financing the acquisition, development, and expansion of seniors housing campuses (independent
living, assisted living, and continuing care retirement communities) throughout New England.
—Represented a foreign investor in two acquisitions and a disposition of a New England seniors housing portfolio valued at $890 million,
and counseled client on a range of asset management matters throughout the ownership period.
—Counsel to a U.S. developer, owner, and operator of a seniors housing portfolio situated throughout the Northeast in joint venture,
development, regulatory, and financing matters.
—Represented a special servicer in the workout of an approximately $100 million loan portfolio.
—Represented the special servicer in the sale of multiple REO hotel properties located throughout the mid-Atlantic and northeastern United
States.
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John F. D’Amanda
John F. D’Amanda
Counsel
Rochester, NY: 585-263-102
jdamanda@nixonpeabody.com
Education
Whittier College School of Law, J.D.
Washington College, B.A.
Manchester College of Oxford University
Admissions
Admitted to practice in the state of New York.
John D’Amanda focuses his practice on commercial real estate with over 25 years of experience advising developers, owners and financial
institutions.
Services
Development and leasing
I concentrate my practice in complex transactional work for owners and developers of a variety of assets, from office parks and retail
establishments, to nursing homes and health care facilities, to HUD-financed developments, senior living projects and projects involving
economic development incentives such as tax credits and municipal grants. I also have a core leasing practice involving commercial, office,
industrial and manufacturing properties. This variety of work lets me integrate my practice with others around the firm, and allows me to
collaborate with the Affordable Housing, Health Services, Energy & Environmental, and Global Finance groups.
Real estate finance and workouts
I also represent lending institutions closing mortgages and deeds of trust as well as commercial banks and special servicers in foreclosures,
modifications and restructuring of conventional mortgages and commercial mortgage backed securities (CMBS) in default.
Succession planning
Individuals and small enterprises are important economic drivers—and are among my most important clients. I help with succession planning
for families with landholdings, historical preservation and nonprofits.
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Lawrence S. DiCara, P.C.
Larry DiCara is among Boston’s most recognized attorneys and civic leaders. A frequent speaker at colleges, universities and other venues, as
well as a regular go-to source in Boston media, Larry has taught at Harvard, Boston University and the University of Massachusetts.
Larry practices real estate and administrative law and has been intimately involved with the development process in and around Boston for
more than 40 years.
Services
Massachusetts real estate
Lawrence S. DiCara, P.C.
Partner
Boston, MA: 617-345-1210
ldicara@nixonpeabody.com
Education
University of Massachusetts, L.L.D. (Hon.)
JFK School of Government, Harvard University, M.P.A.
Suffolk University Law School, J.D.
Harvard College, A.B.
Admissions
Admitted to practice before the District Court of Massachusetts,
the Court of Appeals for the 1st Circuit, and the U.S. Supreme
Court.
I represent owners and developers before the Boston Redevelopment Authority and most every other city and state agency in the
Commonwealth.
Legislative
I have extensive experience counseling clients on legislative matters at the federal and state levels. I frequently travel to Washington, DC, to
represent clients and have been named Special Counsel to the Massachusetts House of Representatives with respect to redistricting on several
occasions.
Boston history and politics
My political memoir, Turmoil and Transition in Boston, was recently published by Hamilton Books. I also recently co-authored two articles
about electoral patterns in Boston for Commonwealth Magazine with James Sutherland, a PhD student at Northeaster
Representative Experience
—Represented the developer in the negotiation of a loan from the Massachusetts Convention Center Authority (MCCA) and a grant from the
Boston Redevelopment Authority (BRA) that resulted in the construction of the Boston Tea Party Ships Museum, a histo
—Represented Boston Residential Group in a proposal to construct 196 privately financed rental housing units that will overlook Boston’s
famed Emerald Necklace, designed by Frederick Law Olmsted.
—Representation of the developer in the construction of an office building on a site remaining from the Copley Place Air Rights Lease over the
Massachusetts Turnpike.
—Determined the applicability of, and obtained all requisite approvals for, the expansion of the Boston campus of an institutional client,
including examining zoning relief and processes under Large Project Review, Institutional Master Plan Requiremen
Lawrence S. DiCara, P.C.
Lawrence S. DiCara, P.C.
Representative Experience Continued:
—Representation of Instrumentation Laboratory Company in litigation, real estate acquisitions and
development, ERISA, and other personnel-related matters.
—Represented Liberty Mutual in the negotiation of TIF and EDIP awards of some $33 million, resulting
in the construction of an office building in Boston’s Back Bay. This was the largest TIF/EDIP agreement
in the history of the Commonwealth
—Represented ParkMobileGlobal in its negotiations with the Massachusetts Bay Transportation
Authority (MBTA), resulting in the adoption of the ParkMobile electronic system for managing the
MBTA’s 31,000 parking spaces.
—Representation of various restaurant owners in connection with zoning and liquor licensing matters
before the Boston Licensing Board and the Massachusetts Alcoholic Beverages Control Commission.
—Represented Converse/Nike in seeking a PILOT agreement with the city that will result in the
relocation of Converse Headquarters to a facility near the North Shore.
—Representation in the acquisition, development, and leasing of multiple supermarkets in Allston,
Boston, Brighton, Cambridge, Dorchester, Malden, Medford, and Milford, Massachusetts.
—Closed the acquisition of public way from the City of Boston for United Waste Management,
culminating two years of work to obtain city and utility approvals and co-petitioned the City and the
Boston Redevelopment Authority to take the street and discontinue its use as a public and private way.
The deal allows the client to secure its property and to create more efficient intake for its facility, one of
the largest construction recycling facilities in the metro-Boston area.
—Representation of a large funeral and cemetery services company in the purchase, acquisition,
development, and permitting of funeral homes, as well as in litigation resulting from their various
businesses.
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Thomas F. Diorio
Thomas Diorio’s practice focuses on the leasing, acquisition, sale, financing and development of a full range of real estate assets. These assets
include office buildings, apartment projects, retail facilities, historic tax credit properties, mixed-use developments and energy projects.
Services
My practice today primarily encompasses three main areas.
Thomas F. Diorio
Counsel
New York, NY: 212-940-3145
tdiorio@nixonpeabody.com
Education
University of Florida, J.D.
Villanova University; Florida State University, B.A.
Admissions
Admitted to practice in New York, Connecticut and Florida.
Leasing
I represent a significant owner of New York City office buildings with leasing and financing activities.
Historic tax credit projects
In connection with our firm’s thriving Historic Tax Credit practice, I provide real estate advice on historic rehabilitation tax credit (HTC)
projects. For example, I recently provided support in structuring an historic tax credit transaction and related long-term leases to complete the
renovation of the Battery Maritime Building, located at 10 South Street, New York, New York.
Energy
With the increasing importance of alternative energy projects, I assist our energy and energy tax credit practices with solar, wind and other
alternative energy projects, handling matters such as biomass energy projects, commercial solar rooftop transactions and the creation of
residential solar programs, which will provide solar energy systems to thousands of residential homes across the country.
Representative Experience
—Representing a municipality’s economic development corporation in connection with the preservation and redevelopment of an historic
structure.
—Representing the owner of a hotel property in Las Vegas, Nevada, to settle an extremely adversarial foreclosure action and dispose of the
distressed asset.
—Representing a special servicer to restructure $217,000,000 in debt secured by a hotel property in New York.
—Representing a special servicer to restructure $120,000,000 in debt secured by a hotel property in California.
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Thomas F. Diorio
Thomas F. Diorio
Representative Experience Continued:
— Real estate counsel to a developer of a 75 Mw biomass power plant in Florida
— Representing a county in the negotiation of a long-term lease of an arena with a National Hockey
League franchise
— Real estate counsel to an equity investor in the development of a biomass power plant in
Massachusetts
— Providing real estate support to a litigation team arbitrating a lease dispute regarding the rental rate
applicable to a renewal of 650,000 square feet of office space in a Class A building in Midtown
Manhattan
— Real estate counsel to a purchaser of landfill gas power plants in New York
— Representing the lender in a refinance of a $135,000,000 loan secured by a regional outlet mall in
Colorado
— Representing Wall Street firm in the acquisition of a data center leased to a credit tenant
— Representing Wall Street firm in a multi-parcel, complex sale of real property located in Waltham,
Massachusetts, wherein the buyer was provided eight alternative closing structures
— Representing lender in finance of $120,000,000 land loan for landmark Brooklyn, New York,
development
— Representing Wall Street firm in an $86,000,000 loan for a Westin Hotel in Chicago, Illinois
— Representing the developer in the leasing of a portion of a landfill for the construction and
operation of a waste to energy power plant in Florida
— Real estate counsel for the purchaser of port operations for U.S. ports
— Representing property owner in a workout related to the sale of land under threat of litigation
— Representing lender in loan workout related to a Brooklyn, New York, condominium construction
project
— Florida real estate counsel for the acquisition of over $100,000,000 of Florida office properties for a
REIT
— Representing national apartment developer, and other clients, in the development, financing,
leasing, and sale of Florida apartment complexes
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Dino fazlibegu
Dino Fazlibegu focuses his practice on representing investment banks, insurance companies, hedge funds and other financial institutions in
complex real estate finance transactions.
Services
Loan originations
Dino fazlibegu
Partner
New York, NY: 212-940-3120
dfazlibegu@nixonpeabody.com
Education
New York Law School, J.D., magna cum laude, New York Law
School Law Review
Monmouth University, M.B.A.
Polytechnic Institute of New York University, B.S.E.E.
Admissions
Admitted to practice in New York.
I have almost 20 years of experience in handling all types of loan originations, including mortgage loans intended for securitizations,
mezzanine loans, bridge loans and credit facilities. My experience is comprised of all types of real estate, including hotel, retail, office,
multifamily, industrial, manufactured housing and golf course properties, ranging from single-asset financings to highly structured portfolio
transactions involving multiple lenders and hundreds of properties located throughout the United States.
Restructurings and workouts
I have also represented portfolio lenders and special servicers of securitized loans during the recent downturn in the economy in numerous
workouts and restructurings of secured debt transactions. I have provided clients with strategic advice in such workouts, which have included
forbearance agreements, deed-in-lieu transactions, bifurcated “hope note” structures and complex intercreditor issues.
In addition to my real estate finance experience, I have represented clients in numerous transactions involving the issuance of debt through the
use of trust preferred securities and subordinated note structures.
Representative Experience
—Represented an investment bank and a REIT, as co-lenders, in the origination of an aggregate $1,069,000,000 mortgage loan implementing
an A/B note structure in financing the acquisition of a portfolio of 289 multifamily properties in 10 states
—Represented an investment bank in the origination of an $805 million loan allocated between a mortgage loan and several layers of
mezzanine loans for the acquisition, redevelopment and condominium conversion of an office building in New York City.
—Represented an insurance company and a financial institution, as co-lenders, in the origination of the senior mortgage loan portion of a
$590 million financing secured by an office/retail condominium property located in New York City.
—Represented an investment bank in the origination of a $500 million mortgage loan which was structured as a component note and
secured by the Westchester Mall located in Westchester, New York.
Dino fazlibegu
Dino fazlibegu
Representative Experience Continued:
—Represented an investment bank in the origination of a $500 million mortgage loan which was
structured as a component note and secured by the Westchester Mall located in Westchester, New
York.
—Represented an investment bank in the origination of a $247.2 million loan secured by 6 ground
leased hotel properties located in various states, which loan was comprised of a mortgage loan and a
mezzanine loan.
—Represented a special servicer in connection with the workout of a defaulted $195 million
securitized mortgage loan secured by five furniture mart properties located in North Carolina, which
included the appointment of a receiver and the subsequent sale of such properties subject to the
assumption of such securitized senior loan by the purchaser and the modification thereof.
—Represented a special servicer in the restructuring of a $120.5 million securitized mortgage loan
secured by a shopping mall located in Florida, which restructuring was comprised of a bifurcated note
structure, that included a “Hope Note” and a third party mezzanine loan.
—Represented financial institutions and hedge funds in numerous trust preferred securities
transactions and other unsecured subordinated debt transactions ranging from $25 million to $200
million to public and private companies, home builders, REITs and other institutional borrowers and the
subsequent restructuring of many such transactions.
—Represented an insurance company in the establishment of a $50 million revolving mezzanine
credit facility for the acquisition and development of multi-family and student living rental properties
and undeveloped land parcels, which credit facility was comprised of individual first mezzanine loans
and individual junior mezzanine loans and the subsequent workout thereof.
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Mahmood R. Firouzbakht
Mahmood Firouzbakht represents clients in all aspects of commercial real estate transactions with a focus on multifamily housing. In
particular, he represents developers in the acquisition, permitting, financing and construction phases of real estate projects.
Services
Multifamily housing financing and development
Mahmood R. Firouzbakht
Associate
Most recently, I represented an affordable housing developer in redeveloping a historically significant site using historic and low-income
housing tax credits as well as various other sources of financing.
Construction and property management
Boston, MA: 617-345-1228
mfirouzbakht@nixonpeabody.com
I work with developers and property managers to negotiate construction and management agreements for their projects. For example, I
represented a university client in negotiating a construction contract for a $50 million on-campus dorm building in Boston.
Education
Northeastern University School of Law, J.D.
Harvard University, B.A.
General real estate
Admissions
Admitted to practice in Massachusetts.
Representative Experience
I also help clients navigate general real estate transactions, including commercial leases, purchase and sale agreements and real estate joint
ventures.
—Several owners/developers in the acquisition, financing, and rehabilitation of a number of existing multifamily affordable housing
developments.
—The owner in the acquisition and financing of a historic building and conversion into affordable housing. The financing included federal
and state low-income housing and historic tax credits, tax increment financing, and various sources of construction and permanent debt.
—A Housing Authority client in the refinancing and rehabilitation of several properties under HUD’s mixed finance program. The financing
included tax-exempt bond funds as well as the admission of a low-income housing tax credit investor.
—The developer of the Boston Tea Party Ships and Museum in the permitting, financing, and construction of the museum facility located in
Boston’s historic Fort Point Channel.
—The general partner of several low-income housing developments in the disposition of assets throughout the United States.
—A leading property manager client in the negotiation of management agreements throughout the United States.
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Brian G. Flanagan
Brian Flanagan serves as the firm’s Operations Partner and previously served as head of the Real Estate Department. He is intimately engaged
in the leadership and management of the firm. He represents clients in structuring commercial development and dispositions. He also advises
on commercial workouts/foreclosure and property valuation issues.
Brian G. Flanagan
Services
Partner
Institutional owners
Rochester, NY: 585-263-1313
bflanagan@nixonpeabody.com
I have represented major developers, corporate owners, energy projects, municipalities, hotels and shopping center owners in various aspects
of real estate development and valuation.
Education
University of Chicago, J.D.
Syracuse University, B.A., summa cum laude
Distressed real estate
Admissions
Admitted to practice in New York.
I have also focused on representing lenders and servicers in resolving distressed real estate, having foreclosed shopping centers, hotels,
industrial projects and failed developments across New York State. I enjoy working with clients to acquire, develop and dispose of various real
estate assets and have led teams in managing numerous large projects.
Property tax
I have extensive experience in representing developers in structuring transactions to lessen property tax liability, including negotiating a
number of payment in lieu of tax agreements for energy projects.
Community service
I am on the Executive Committee of the Board of Directors of the Rochester Business Alliance and also serve as a Vice Chair of the Executive
Committee of the board of the Rochester Downtown Development Corporation. I also sit on the Regional Advisory Board for JP Morgan Chase.
Recognition
Martindale-Hubbell has rated me “AV” and I have received numerous Super Lawyers and other professional recognitions.
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Christopher R. Froeb
Chris Froeb focuses his practice on representing owners, developers and investors in all aspects of commercial real estate transactions,
including acquisitions, sales, financings, joint venture formation and development.
Christopher R. Froeb
Associate
Boston, MA: 617-345-1137
cfroeb@nixonpeabody.com
Education
Suffolk University School of Law, J.D., cum laude
Boston College, BA.
Admissions
Admitted to practice in Massachusetts and New York.
Services
Real estate transactions
When my clients’ commercial real estate or real estate investments change hands, I draft and negotiate purchase and sale agreements, leases,
joint venture and equity documents and loan documents. I also manage and perform the due diligence and other site acquisition services
needed to ensure my clients are protected and transactions close efficiently.
Multifamily housing
Over the last few years we’ve seen a significant spike in multifamily housing development. Over that time, I’ve represented developers of
these market-rate and affordable multifamily housing projects as well as institutional investors in multifamily housing assets.
Senior housing and care
The senior housing industry has also experienced consistent growth over the last few years. I’ve assisted institutional investors with their
investments in assisted living and skilled nursing properties and portfolios. I’ve also represented privately held and publicly traded developers
and owners in acquiring, selling, master leasing and financing assisted living and skilled nursing developments.
Restructuring and workouts
My restructuring and workout experience has included representing institutional lenders in workouts of commercial and securitized loans,
distressed property sales, foreclosures and deed-in-lieu transactions.
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John R. Garibaldi
John (J.R.) Garibaldi is a senior associate in our Real Estate and Community Development group. He represents buyers, sellers, owners, lenders,
servicers, investors and developers in a variety of real estate and corporate transactions.
Services
Capital Markets and real estate finance
John R. Garibaldi
Associate
San Francisco, CA: 415-984-8209
jgaribaldi@nixonpeabody.com
Education
University of California, Hastings College of the Law, J.D.
University of California Los Angeles, B.A., cum laude
Admissions
Admitted to practice in California.
I counsel lenders, loan servicers and borrowers in the financing of a variety of real estate asset classes, such as retail, office, hotel, industrial,
vineyard and multifamily properties. My finance experience includes all different types of loans, including CMBS, balance sheet, portfolio,
construction and asset-based loans.
Distressed debt and real estate workouts
Due to the recent volatility in the commercial lending markets, my clients have relied on me to help them navigate through loan restructurings,
workouts and California’s complex one-action and anti-deficiency laws. I also guide them through forbearance agreements, commercial
foreclosures, receiverships, deed-in-lieu transactions and note sales.
Real estate acquisitions and dispositions
I enjoy teaming up with clients on real estate acquisitions and dispositions of all types of commercial real estate, and providing strategic
guidance for individual real estate investments and portfolios. I have counseled clients on complex raw land acquisitions as well as the
purchase and sale of office, industrial, hotel, mixed-use and vineyard properties.
Leasing
Landlords and tenants (both established and start-up companies) look to me to handle their commercial real estate leasing. In particular, I
focus on office and industrial leasing.
Representative Experience
—Counsel to lender and special servicer on a $130 million multiple tranche securitized loan secured by a 16 building multifamily property
portfolio. John conducted workout negotiations with counsel for borrower, guarantors and the junior lenders and advised the client through a
receivership, borrower bankruptcy and non-judicial foreclosure.
—Represented the seller in the sale of a 162-unit senior housing complex located in Santa Rosa, California. The complex provides
independent and assisted living services to seniors. Nixon Peabody handled complex negotiations on the initial purchase and sale agreement
that involved a sale/leaseback structure for California licensing purposes, as well as a sale of the improvements and assignment of the land’s
ground lease.
John R. Garibaldi
John R. Garibaldi
Representative Experience Continued:
—Advised owner on the sale of a high profile resort and country club located in northern California.
John negotiated purchase agreement and management transition documents, resolved complex title
and survey matters and assisted with liquor license issues. Advised an international client in the
workout of their commercial lease portfolio. John negotiated with a number of different landlords to
successfully modify the terms of the client’s retail leases.
—Counsel to lender and special servicer in the workout and modification of a $186 million securitized
loan secured by a 5-star resort and spa located in Southern California.
—Advised investors and limited partners through a debt and equity restructuring of a national multiproperty low income housing tax credit portfolio.
—Counsel to developer in the purchase of a distressed loan secured by a large scale development
project located in Northern California. John assisted with the due diligence and purchase of the
distressed loan and advised the client throughout the foreclosure process in their negotiations with
borrower, guarantors and various public agencies.
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Andrew I. Glincher
Andrew I. Glincher
CEO and Managing Partner
Boston, MA: 617-345-1222
aglincher@nixonpeabody.com
Education
Northeastern University School of Law, J.D.
Boston College (Carroll School of Management), B.S., Finance,
cum laude
Admissions
Admitted to practice in Massachusetts.
Andrew Glincher is CEO and Managing Partner, leading 1,400 colleagues including more than 600 attorneys who collaborate across major
practice areas in cities throughout the U.S. and with alliance firms around the world. A business and real estate attorney and professional and
community leader with decades of legal, business and management experience, Andrew is known for being entrepreneurial and strategic with
exceptional problem solving, consensus-building and negotiation skills, including an ability to structure successful and creative transactions
and dispute resolutions.
Services
In my role as CEO and Managing Partner, I help lead the management of firm assets, business and strategic initiatives. Our leadership team
prides itself on being progressive and innovative—for both our clients and for ourselves—in a way that anticipates and captures
opportunities; forecasts, prepares for and manages risks; overcomes obstacles; and maximizes results.
We’re not content standing still. We continually look at trends to proactively provide insights and make connections that help our clients
succeed.
As a business and real estate attorney, business owners, asset managers, lenders, owners, developers, special servicers and professional service
firms turn to me for help building a strategy to restructure, stabilize or maximize and capture the value of their assets. I’ve had great success
developing client strategies for acquiring, managing and selling assets from $5 million to billions of dollars. My ability to think creatively about
complex situations has contributed to the success of numerous businesses including professional services firms and every kind of real estate
asset class from retail centers to hotels and offices to multifamily developments, including seniors living and low-income housing on both a
local and national scale.
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Thomas C. Greiner, Jr.
Thomas C. Greiner, Jr.
Partner
Rochester, NY: 585-263-1456
tgreiner@nixonpeabody.com
Education
George Washington University National Law Center, J.D.
Princeton University, A.B.
Admissions
Admitted to practice in New York and Florida.
Languages
Fluent in Spanish and French, and has a sound working
knowledge of Portuguese.
Thomas Greiner has many years of experience representing universities, energy companies and other large retail and industrial enterprises on
the ground, in the office and in court regarding all aspects of real estate.
Services
At present, my practice is concentrated in two distinct areas.
Land use development
Specifically securing zoning and land use approvals for large and complex developments. This involves an analysis of all permits and approvals
required, quarterbacking a team of professionals in all disciplines related to the project and securing the approvals. When necessary, I assist in
and/or conduct any court proceeding needed to defend such approvals. One long-term project that I have worked on over many years is the
deployment of a wireless telecommunications network comprising more than 1,500 wireless tower and/or base station sites.
Traditional conveyancing
Purchases and sales, leasing, easements, etc. Large companies and institutions convey or acquire land and buildings in one form or another.
For decades, I have assisted them in complex transactions to advance and balance their holdings. Often, the traditional conveyancing is
combined with land use and zoning in the context of a large development. Recently, I assisted a university in a multi-use $100 million
signature development.
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John B. Hood
John Hood is particularly experienced in real property tax assessment review and condemnation matters involving commercial, industrial,
utility and power plant projects. He has represented municipalities and taxpayers and has worked with appraisers, industrial development
agencies, assessors and others in negotiations for the establishment of proper levels of tax assessment.
Services
John B. Hood
Tax Assessment
Rochester, NY: 585-263-1344
jbhood@nixonpeabody.com
Over the past 20 years I have been involved in valuation issues for tax assessment review matters for electric generating plants throughout
New York State. These projects have included nuclear, fossil fuel, wind and hydroelectric facilities with values ranging from $1.0 million to $2.5
billion. My efforts have included negotiation of valuation and assessment settlements and payment in lieu of tax (“PILOT”). While litigation
has been necessary at times to resolve disputes, such litigation is extremely expensive, and our clients have been better served when we have
been able to negotiate multi-year (3–20 years) settlements or PILOT agreements, which stabilize the clients’ tax payments and avoid both
current and future litigation risks and costs.
Partner
Education
University of Virginia School of Law, LLB.
Amherst College, B.A.
Admissions
Admitted to practice in New York.
Condemnation
I have represented entities that are forced to condemn property for public use projects and also property owners whose properties have been
condemned, and these types of representation have enabled me to understand the other party’s needs and objectives. For approximately 10
years from the mid-1990s through the mid-2000s, I successfully represented an agency of the State of New York in condemning former
industrial properties to make way for high-rise residential development in New York City, and our adversary legal counsel were the leading
condemnation counsel in New York City. I have also been involved in various other condemnation cases such as projects involving an airport,
a hydroelectric facility, utility companies, highway widenings, creation of a conservation district and a gravel pit.
Real estate
I also have experience in commercial sales and acquisitions, commercial leasing and zoning. I have considerable experience in land use
matters including zoning and land use approval applications including for use and area variances, special permits, interpretations, site plan
approval, rezoning of larger parcels and environmental reviews and related litigation. I have been involved in negotiations with municipalities
and interested civic groups, utilizing traditional as well as innovative methods such as conditional rezoning and drafting of planned
development district regulations.
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Kathleen Jones
Kathleen Jones
Paralegal
Rochester, NY: 585-263-1380
kjones@nixonpeabody.com
Education
University of Rochester, Eastman School of Music, M.A.
Roberts Wesleyan College, B.A.
Kathleen Jones is a real estate paralegal, bringing more than 25 years of experience in commercial lending transactions, including CMBS loans
and transactional matters such as commercial acquisitions and sales.
Services
Real estate
I work with educational, health care, charitable nonprofit institutions, for-profit corporations and lending institutions in complex commercial
lending, acquisition and sale transactions.
Process management
In transactions, I work on extensive closing preparation to ensure multiple property, multiparty transactions close smoothly. This work
includes procuring and reviewing due diligence, reviewing title and survey, preparing and procuring title curatives, drafting and organizing all
documents and tracking and finally closing.
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Jared C. Lusk
Jared C. Lusk
Partner
Rochester, NY: 585-263-1140
jlusk@nixonpeabody.com
Education
Syracuse University College of Law, J.D.
St. John Fisher College, B.A.
Admissions
Admitted to practice in New York.
Jared Lusk’s primary concentration is real estate development and municipal law, including planning and zoning.
Services
Land use/development
I enjoy representing a wide variety of landowners, developers, municipalities, retailers, public utilities, wind and other energy producers
throughout New York State. I help my clients with all types of real estate transactions and help them comply with the New York State
Environmental Quality Review Act, the Adirondack Park Agency Act and other applicable land use regulations so that projects receive the
municipal approvals necessary to become reality, often in the face of significant opposition from neighbors or local governments.
Agribusiness
Building on my experience growing up on a small family dairy farm in Upstate New York, I also enjoy working in virtually all aspects of the
agribusiness industry, ranging from farm leases to the development and financing of large food processing facilities.
Emergency services
Through relationships built during my 24-year service as a volunteer firefighter, I’m also proud to represent a number of fire and emergency
service providers.
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Allen A. Lynch, II
Allen Lynch leads the Real Estate group’s Seniors Housing and Care team. He represents capital providers and developers in several asset
classes and operators of seniors housing and care communities.
Services
Allen A. Lynch, II
New England
Boston, MA: 617-345-1235
alynch@nixonpeabody.com
For developers of New England properties, I provide site acquisition, entitlement, due diligence, condominium formation and closing services.
For domestic and international capital providers, I structure and negotiate joint ventures, conduct legal due diligence, advise on risk mitigation,
negotiate and document financings, obtain regulatory approvals and handle acquisitions and dispositions of real property and operating
assets throughout the U.S. Recently, I provided many of these services to Archstone in the complex development of Archstone Boston
Common, a large mixed-used project and the first of its kind in the city in more than 20 years. For operators, I negotiate and draft contracts and
provide day-to-day outside general counsel services.
Partner
Education
Johns Hopkins University, Graduate School of Business, Seniors
Housing and Care Certificate
Franklin Pierce Law Center, J.D.
Hartwick College, B.A.
Admissions
Admitted to practice in Massachusetts.
Multifamily
In the multifamily sector, I serve as the lead dispositions and workout counsel to the country’s top asset managers for institutional investors in
affordable housing communities selling assets developed under the Section 42 (low-income housing) tax credit program. For Boston Capital,
ranked as the largest apartment owner in the U.S., I’ve handled more than 1,000 disposition transactions. In the seniors housing and care
space, I have more than 15 years of experience representing parties in transactions and operational engagements ranging from single property
matters to several of the most notable transactions in the industry involving publicly traded and privately held clients. Most recently, I led a
team that closed a $93 million bond offering for North Hill Communities, Inc., which owns and operates one of the largest and most successful
continuing care retirement communities in Boston.
Industry leadership
My many years of service on the boards of large for-profit and nonprofit seniors housing and care operators, coupled with my active industry
involvement and teaching at the Erickson School of Aging Studies, enable me to provide both business insights and legal solutions to my
clients.
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Allen A. Lynch, II
Allen A. Lynch, II
Representative Experience
—Represented the seller in the sale of a 162-unit senior housing complex located in Santa Rosa,
California. The complex provides independent and assisted living services to seniors. Nixon Peabody
handled complex negotiations on the initial purchase and sale agreement that involved a
sale/leaseback structure for California licensing purposes, as well as a sale of the improvements and
assignment of the land’s ground lease.
—Represented a foreign investor in the sale to other foreign investors of equity interests in a U.S.
venture owning several portfolios of regional shopping malls valued at $800M, together with the sale
of a $26M unsecured loan to the joint venture, which required resolution of many complex partnership,
tax, debt, and restructuring issues.
—Counsel to a publicly traded REIT in its acquisition and leasing of a $70M continuing care retirement
community.
—Serve as outside General Counsel to the largest continuing care retirement community in
metropolitan Boston handling its day-to-day legal affairs and mitigating operating risks.
—Represent a regional health care lender financing the acquisition, development, and expansion of
seniors housing campuses (independent living, assisted living, and continuing care retirement
communities) throughout New England.
—Counsel to a publicly traded domestic REIT in its acquisition and development of a $140M mixeduse property in Boston involving difficult structuring, permitting, and title issues.
—Represented, as Assistant Special Counsel, the Boston City Council in its approval of the
development of a $700M convention center.
—Represented a foreign investor in two acquisitions and a disposition of a New England seniors
housing portfolio valued at $890M, and counseled client on a range of asset management matters
throughout the ownership period.
— Serve as primary counsel to the largest owner of multi-family units in the U.S. in the workout and
disposition of investment interests in projects throughout the country, having closed in excess of
800 transactions.
— Counsel to a leading New England based nonprofit owner and provider of seniors housing and care
in structuring and executing an expansion strategy focused on development of several new
campuses.
— Represented a buyer/operator in its acquisition of three skilled nursing facilities, handling complex
CHOW matters.
— Represented an international investor in the complex workout and sale of real estate holdings
throughout the U.S. of $1.3B of multi-family portfolios, requiring coordination with exits from
European and Asian holdings.
— Counsel to a U.S. developer, owner, and operator of a seniors housing portfolio situated throughout
the Northeast in joint venture, development, regulatory, and financing matters.
— Represented a leading asset manager in sales of large-scale affordable multi-family apartment
complexes throughout the U.S.
— Represented the General Partner in the sale of its interests in a five-property multi-family portfolio
valued at $81M requiring, in particular, the resolution of debt assumption and guaranty issues.
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Matthew R. Lynch
Matthew R. Lynch
Matthew Lynch represents commercial real estate developers and institutional owners of commercial real estate in the development,
acquisition, management, leasing and disposition of commercial real estate.
Partner
Services
Boston, MA: 617-345-1212
mrlynch@nixonpeabody.com
Today I focus my practice in three main areas, utilizing my more than 20 years of experience to help our clients achieve their business
objectives.
Education
Boston College Law School, J.D., cum laude
College of the Holy Cross, B.A., cum laude
Admissions
Admitted to practice in Massachusetts.
Acquisition and disposition of office and mixed use buildings
I have represented parties ranging from large institutional owners to family-owned or closely held real estate investment companies buying
and selling office and mixed-use buildings. Recently, I represented a large institutional owner in the disposition of a large portfolio of office
buildings in Boston to a number of different buyers.
Leasing of office space by large national and international corporations
I have represented a number of large corporations in leasing new office space in the Greater Boston area. Recently, I represented a large
manufacturer of footwear and apparel in the negotiation of a lease for the relocation of its corporate headquarters in Boston’s North Station
area.
Retail leasing
I have represented both landlords and tenants in leasing retail space in shopping centers and mixed use buildings. Recently, I have represented
an institutional owner in connection with leasing up a large regional shopping center.
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A. Darren Miller
Darren Miller focuses his practice on real estate construction and development and other transactional matters. He is a member of the firm’s
Campus Infrastructure & Community Development team.
A. Darren Miller
Associate
Rochester, NY: 585-263-1353
admiller@nixonpeabody.com
Education
Syracuse University College of Law, J.D., magna cum laude
State University of New York at Binghamton, B.A.
Broome Community College, A.A.
Admissions
Admitted to practice in New York.
Services
Construction
I represent owners, developers and lenders in structuring, negotiating and interpreting EPC, design-build, design and construction contracts for
projects ranging from apartment complexes, shops and manufacturing facilities to more specialized institutional buildings such as hospitals,
museums and schools.
I enjoy just how tangible the work I do is. One of my favorite projects involved representing an international client in the multi-million dollar
design and construction of its flagship New York City retail store. In another, I helped a client negotiate the architect and construction contracts
for a $13 million museum. Both projects are now complete and can be visited and enjoyed by the public.
Commercial real estate
In addition to my construction practice, I represent clients in structuring and negotiating a variety of commercial real estate transactions, from
acquisitions and sales to leases.
Representative Real Estate Matters
—Represented various clients in connection with a variety of purchase and sale transactions.
—Represented telecommunications client in negotiation and permitting of various telecommunications facility sites.
—Represented various clients, as landlords and tenants, in connection with a variety of leasing matters.
A. Darren Miller
A. Darren Miller
Representative Construction Experience
—Represented higher education client in negotiation of design-build contract for the design and
construction of $13 million student housing facility.
—Represented higher education client in negotiation of architect’s and construction agreements for
the design and construction of $43 million student housing facility.
—Represented client in negotiation of design-build agreement for the design and construction of $15
million food production facility.
—Represented client in negotiation of architect’s and construction contracts for the interior
renovation of office space.
—Represented client in negotiation of architect’s and construction contracts for design and
construction of $13 million museum facility.
—Represented hospital client in negotiation of construction management for 192,000-square-foot
expansion of its health care facilities.
—Represented retail client in construction matters connected with the multimillion-dollar design and
construction of its flagship New York City store.
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Joann Moolsintong
Joann Moolsintong practices in all areas of real estate, including acquisitions and sales of commercial office buildings; complex, multilevel
financings; and negotiation of commercial office and retail leases on behalf of both landlords and tenants.
Services
Acquisitions and Dispositions
Joann Moolsintong
Associate
New York, NY: 212-940-3733
jmoolsintong@nixonpeabody.com
Education
George Washington Law School, J.D. (with honors)
University of Michigan Business School, B.B.A.
Admissions
Admitted to practice in New York.
I handle all aspects of real estate acquisitions, from drafting and negotiating purchase and sale agreements, to performing title review, due
diligence and other site acquisition services.
Leases
Leasing is another focus of my practice. The depth and breadth of our real estate group allow me to get involved with all aspects of commercial
leasing. I work with both landlords and tenants to negotiate, draft and amend commercial, retail and industrial leases.
Capital markets and real estate finance
I counsel lenders, loan servicers and borrowers in the financing of a variety of real estate asset classes, such as retail, office, hotel, industrial and
multifamily properties. My finance experience includes all different types of loans, including CMBS, balance sheet, portfolio, construction and
asset-based loans.
Restructuring and workouts
My restructuring and workout experience includes workouts of commercial loans, portfolio and securitized loans, distressed property sales
and representation of lenders in debtor-in-possession financing transactions.
Representative Transactions
—Representation of nonprofit entities in leasing and acquisitions of real estate interests.
—Representation of a major developer in the sale, financing, disposition, and leasing of its building in New York City.
—Representation of the City University of New York (CUNY) in connection with the acquisition of a portion of a large office building in
Queens NY that was converted into a condominium for the relocation of its law school.
—Representation of foreign bank in connection with its lease of approximately 135,000 square feet at 7 World Trade Center.
Joann Moolsintong
Joann Moolsintong
Representative Experience Continued:
—Representation of an insurance company and a financial institution, as co-lenders, in the origination
of the senior mortgage loan portion of a $590 million financing secured by an office/retail
condominium property located in New York City.
—Representation of a special servicer in connection with the workout of a defaulted $195 million
securitized mortgage loan secured by five furniture mart properties located in North Carolina, which
included the appointment of a receiver and the subsequent sale of such properties subject to the
assumption of such securitized senior loan by the purchaser and the modification thereof.
—Representation of a special servicer in the restructuring of a $120.5 million securitized mortgage
loan secured by a shopping mall located in Florida, which restructuring was comprised of a bifurcated
note structure that included a “Hope Note” and a third party mezzanine loan.
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Christopher Na
Christopher Na
Associate
New York, NY: 212-940-3704
cna@nixonpeabody.com
Education
Fordham University School of Law, J.D.
University of Chicago, B.A.
Admissions
Admitted to practice in New York.
Languages
German
Mandarin Chinese
Christopher Na practices in all areas of real estate. He regularly works with clients to acquire and sell commercial office buildings, finance new
developments and negotiate commercial office and retail leases on behalf of both landlords and tenants.
Services
Market rate and non-market rate development, leasing and dispositions
I spend much of my time working with clients on acquiring a variety of real estate interests throughout the U.S. For example, I recently assisted
an institution in acquiring a property in which the institution is currently a tenant and handled the lease arrangement between the parties. I
also assisted a purchaser in purchasing several portfolios of health care real estate assets and using those assets after the acquisition.
Lender side real estate
I spend a good deal of time working with lenders on lending opportunities secured by real estate assets. For example, I recently assisted a fund
with satisfying the liens held over one of the fund’s members through the use of the member’s real estate assets. I also assisted a lender in
discharging a debt owed by a defaulting party through the disposition of the defaulting party’s real estate assets.
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Gregory R. Nearpass
Gregory R. Nearpass
Associate
Rochester, NY: 585-263-1063
gnearpass@nixonpeabody.com
Education
Albany Law School of Union University, J.D., magna cum laude
Hartwick College, B.A., magna cum laude
Admissions
Admitted to practice in New York.
Greg represents clients in commercial real estate and development-related matters, including purchasing, leasing, financing and land
use/zoning issues. His clients include national retailers, developers, financial institutions and municipalities. He regularly appears before
municipal planning and zoning boards and represents clients in litigation matters affecting real property, zoning and land use/zoning.
Services
I focus on providing clients with strategic advice, guidance and support throughout all stages of the real estate and development process—
from the beginning stages of property location, acquisition and contract drafting, to the middle stages of securing financing and negotiating
loan documents, to the final stages of obtaining land use and development approvals, compliance with applicable land use and zoning laws
and construction.
Over the past 12 months, I have represented clients and helped to close real estate deals totaling more than $100 million, in projects all across
the country: from a mixed-use development on the Baltimore harbor, to the redevelopment of a city block in Newark, New Jersey, to a 180unit apartment complex outside Rochester, New York, to a winery in California.
I also represent municipalities on complex real estate, land use and zoning issues. In 2012, I was retained as Special Counsel to a municipality
outside of Rochester, New York, regarding a controversial development. I represented the Town at public hearings, drafted resolutions and
ensured the Town’s compliance with applicable laws, including its Zoning Ordinance and the New York State Environmental Quality Review
Act (“SEQRA”). The Town was sued over the approvals it granted, and I successfully represented the Town in court where the judge upheld
the approvals issued by the Town.
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Dara K. Newman
Dara K. Newman
Associate
Boston, MA: 617-345-1079
dknewman@nixonpeabody.com
Education
Boston College Law School, J.D., cum laude
Haverford College, B.A.
Admissions
Admitted to practice law in the state of Massachusetts.
Dara Newman represents developers, landowners and investors in commercial real estate transactions. Her clients execute transactions
ranging from complex tax credit and affordable housing deals, to market-rate housing and permitting and land use matters.
Services
My interest in real estate development began during my time in college as an urban planning major, and I find it fulfilling to help clients close
transactions and to see new buildings constructed. Primarily representing developers, owners and investors, I focus my practice on several
aspects of multifamily housing development.
Acquisition, financing and development
I work with developers and owners on all aspects of acquiring, financing and developing multifamily housing. I recently worked with a
developer to recapitalize and rehabilitate a 967-unit affordable apartment complex in Boston, Massachusetts. As another example, I work
closely with the country’s largest apartment owner to sell its investments in affordable housing communities financed with low-income
housing tax credits (LIHTCs).
Land use and permitting
Another important part of my practice is land use and permitting work for buildings of all sizes. In one recent project, I helped obtain the
needed permits and approvals to construct a market-rate apartment building in the Boston area.
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Jonathan S. Penna
Jonathan S. Penna
Jon Penna is a member of Nixon Peabody’s Real Estate practice group and Health Care and Medical Office teams. He represents owners of
various asset classes, including multifamily, seniors housing and skilled nursing facilities, office, industrial and utility property.
Partner
Services
Rochester, NY: 585-263-1388
jpenna@nixonpeabody.com
Today, I focus my practice in three main areas—acquisition and finance, real property tax and eminent domain.
Education
State University of New York at Buffalo School of Law, J.D., cum
laude
State University of New York at Binghamton, B.A., magna cum
laude
Admissions
Admitted to practice in New York.
Acquisition and finance
I serve as lead counsel in negotiating purchase and sale agreements for various types of property and counsel borrowers in financing their
projects. Clients range from a national asset manager that invests primarily in multi-family to family-owned real estate development
companies. In the medical space, I advise several operators of skilled nursing facilities in New York, physicians groups and hospitals on
transactions involving the acquisition, sale, finance and leasing of real estate.
Real property tax
On real property tax matters, I advise various owners on tax certiorari and other real property tax matters, including payments-in-lieu of tax
agreements and have saved taxpayers hundreds of thousands of dollars in the past 10 years.
Eminent domain
In eminent domain matters, I primarily represent municipalities, utility companies and other public institutions on various public improvement
projects.
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David Portal
David Portal focuses his practice on all aspects of commercial real estate. Much of his work involves helping his clients with strategies and
approaches to financing and ownership structures.
Services
Real estate
David Portal
Partner
I help my clients (which include developers, banks, hospitals, universities and nonprofit organizations) in the acquisition and sale of
commercial office and mixed-use buildings; financings, including complex, multilevel financings; negotiation of limited liability operating
agreements; and joint ventures. I also work in commercial office and retail leasing, representing both landlords and tenants.
New York, NY: 212-940-3008
dportal@nixonpeabody.com
New York City
Education
Fordham University School of Law, J.D., cum laude (Fordham
Law Review)
University of New York at Queens College, B.A., summa cum
laude
Admissions
Admitted to practice in New York.
Much of my work is located within the City. I love New York, its neighborhoods, its people and its architecture.
Speaking and public service
I frequently lecture and give seminars at various institutions and on behalf of the New York State Bar Association and for the Legal Aid Society
on real estate matters. I enjoy the teaching and networking aspects of this part of my work.
Representative Experience
—Representation of The City University of New York (CUNY) in 2010 in connection with the acquisition of a portion of a large office building
in Queens, New York, that was converted into a condominium for the relocation of its law school. The engagement included the overseeing of
the conversion of the building into a condominium regime, as well as the negotiation of all of the condominium documents with the only other
condo owner, a nationwide recognized bank. Thereafter, in 2012, Mr. Portal represented CUNY in the sale of its headquarters building located
at 535 East 80th Street, New York, New York.
—Representation of a well-known New York developer in the purchase and finance of a mid-town mixed-use office and retail building. The
engagement included negotiating the purchase and sale agreement, reviewing and analyzing the existing space leases, and negotiating all of
the loan documents.
—Representation of both underwriters of the National Football League’s New York Giants and New York Jets in the new 82,000-seat openair stadium that is to be the home stadium for both teams.
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David Portal
David Portal
Representative Experience Continued:
—Representation of the New York City Industrial Development Agency in connection with the
development, construction, and financing of two new baseball stadiums for Major League Baseball’s
New York Mets and New York Yankees.
—Representation of JetBlue Airline in the leasing of its Terminal 5 at JFK International Airport in New
York.
—Representation of JetBlue Airline in its terminal lease in Orlando, Florida.
—Representation of various individual and corporate investors and developers in financing of mixeduse commercial and retail buildings in New York City and nationwide.
—Representation of Corporate Property Investors for all leasing transactions affecting the General
Motors Building, 767 Fifth Avenue, New York City.
—Representation of an investment brokerage house in connection with its leasing of approximately
90,000 square feet of commercial space at 360 Madison Avenue in New York City.
—Representation of a foreign bank in connection with its leasing of approximately 50,000 square feet
of commercial space at 1185 Avenue of Americas in New York City.
—Representation of various law firms in connection with their leasing of office space in leases ranging
from 10,000 to 100,000 square feet.
— Representation of a foreign bank in connection with its lease of approximately 135,000 square feet
at 7 World Trade Center.
— Representation of a major developer in the sale, financing, disposition, and leasing of buildings in
New York City.
— Representation of not-for-profit entities in leasing and acquisition of real estate interests.
— Representation of landlord in negotiations and successful leasing of an entire floor in a boutique
office building in Manhattan to a well-known international fashion retailer.
— Representation of purchaser in connection with purchase of mixed-use retail and commercial office
building in Midtown Manhattan. Ranked among the 10 largest New York City real estate
transactions in the first quarter of 2012.
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Edward Puerta
Ed Puerta represents landlords, tenants, buyers and sellers of commercial, retail and industrial properties around the country and investors and
stakeholders in both simple and complex property transactions.
Services
Acquisitions and dispositions
Edward Puerta
Associate
Jericho, NY: 516-832-7547
epuerta@nixonpeabody.com
Education
Touro College Jacob D. Fuchsberg Law Center, J.D., summa cum
laude
State University of New York College at Geneseo, B.A.,
Admissions
Admitted to practice in New York and the Eastern District of
New York.
I represent purchasers and sellers of real property that include hospitals, international manufacturers and start-up enterprises. In this role, I
negotiate agreements and advise clients on federal compliance issues, local building and zoning regulations and financial diligence.
Leasing
Leasing is another core area of my practice. I work with both landlords and tenants to negotiate, draft and amend commercial, retail and
industrial leases. For example, I recently completed negotiations in a lease of more than 300,000 square feet of space between two Fortune
500 companies. I also work extensively with clients on medical and health care leases, which present unique challenges due to governmental
regulations and restrictions.
Affordable housing
My practice also encompasses affordable housing, and I have represented clients in the zoning and financing for a number of affordable
housing developments. I am proud to have worked on and closed more than $100 million in projects to create quality affordable housing in
urban and suburban areas around the country. This area involves a web of interaction between developer, owner, investor and government
before results can be seen.
Representative Experience
—Closing the acquisition of more than 200 owned and leased medical properties out of an ongoing bankruptcy proceeding.
—Advising an institutional real estate investor on leasing, renovation, and compliance issues for a 30+ story Manhattan office tower.
—Counseling the largest fresh baked goods provider in the United States on the disposition of underutilized properties and acquisition of new
properties.
—Negotiating long-term lease agreements on behalf of one of the largest landlord/developers on Long Island.
42
Denise D. Pursley
Denise Pursley leads Nixon Peabody’s national Real Estate practice, managing and setting strategy for the group and its industry teams.
Denise advises on all aspects of commercial real estate, real estate finance, development, land-use and environmental law. She works with
national company owners and operators, institutional investors, pension fund advisors, real estate developers, institutional lenders and
investment banks.
Services
Denise D. Pursley
Partner, Real Estate Practice Group Leader
Jericho, NY: 516-832-7542
dpursley@nixonpeabody.com
Education
New York Law School, J.D., magna cum laude (Editor, New York
Law School Law Review)
University of Florida, B.S. (recipient of Dean’s Cup for Service)
Admissions
Admitted to practice in the states of New York, New Jersey, and
Florida, and before the United States District Courts for the
Southern and Eastern Districts of New York, and the District of
New Jersey.
I focus on real estate acquisitions and dispositions, leasing, development, management and debt and equity financing for all asset classes. The
industries with which I work vary from commercial real estate developers to health care facilities to institutional investors to energy providers
and telecommunication companies. Typically, the projects on which I work are complex or of strategic importance to our client and may be
located anywhere in the country.
Acquisition/Disposition/Leasing/M&A
I have substantial experience in all facets of acquisition, disposition, leasing and mergers and acquisitions. A hallmark of my practice is to
assemble and lead carefully selected teams to undertake sophisticated due diligence projects. For example, I have coordinated the real estate
due diligence for the purchase of a national supermarket chain that has over 230 properties under ownership, lease or sublease.
Environmental Projects
Some of my favorite projects have been working to bring new life to environmentally contaminated properties and brownfields. Adaptive reuse of property can revitalize an entire neighborhood. A typical project would be the sale of a facility that is a federal or state superfund site,
inactive hazardous waste site or former industrial facility. Recently, I worked closely with a client’s internal and external team of business, real
estate and environmental professionals to negotiate the sale of a former industrial facility for commercial re-use in a downtown area on terms
and conditions that satisfied state regulators and allowed the purchaser to achieve its development goals. My combination of real estate and
environmental experience makes me the ideal lawyer for these complex projects.
Energy Projects
I also provide critical advice on real estate and environmental issues associated with electric, gas and renewable energy projects. I’ve
represented project developers and equity investors in wind, solar and geothermal energy facilities coast-to-coast. These complex deals
involve real estate, environmental, zoning, land use entitlement and governmental permitting and require me to work collaboratively with our
multi-disciplinary client teams.
43
Denise D. Pursley
Denise D. Pursley (Continued)
Representative Experience
—
Represented Westchester County hospital in the acquisition of a bankrupt hospital consisting of
12 separate parcels located in New York City and Westchester, including all environmental, title
and land use due diligence, negotiation of PSA and option to sell back a portion of the property,
purchase money financing, and closing of title.
—Represent institutional owner for leasing of over 2 million sq. ft. of industrial/warehouse property in
New Jersey.
—
Represented special servicer in connection with distressed and non-performing assets, including
loan modifications, sale of loans, and foreclosures.
—Represent international bakery company in the restructuring of owned and leased manufacturing,
warehouse and distribution facilities in the New York and New Jersey.
—
Represented utility in negotiation of an underwater high voltage, direct current line and fiber
optic cable in Long Island Sound.
Represent a U.S. top 50 insurance provider in multi-state leasing and subleasing transactions totaling
over 300,000 sq. ft. to date, including over 133,000 sq. ft. in historic New York City building for
company’s headquarters.
—
Represented institutional owner in the sale of a shopping center in Cherry Hill, NJ.
—
Represented utility company in the sale of a former liquefied natural gas plant on Staten Island
for development as a NASCAR race track and shopping center.
—Represented purchaser of a $63.5 million midtown Manhattan office building and associated $62
million mortgage loan.
—
Represented pension fund in the sale of class A office building in Stamford, CT.
—
Represented natural gas company in real estate and condemnation work in connection with gas
pipeline expansion project in NY State.
—
Represented energy joint venture in connection with local land use and real estate work for a
proposed underwater interstate natural gas pipeline intended to serve Long Island, New York
City, and Connecticut.
—
Represented defense contractor in sale of former defense manufacturing facility in New York.
—
Represented hospital in the lease/build-out of approximately 225,000 sq. ft. of medical office
and ambulatory surgery space in a former corporate headquarters/manufacturing building.
—
Represent private company in the sale of hotel in Islip, New York.
—Represent institutional owner of 350,000 sq. ft. midtown Manhattan office building for all leasing,
financing, and property management.
—Represented private owner in connection with the sale of a prominent Long Island hotel and
convention center.
—Represented major investment bank in tax equity investment of multi-state wind facilities
throughout the West and Midwest.
—Represented major investment bank in tax equity investment in a geothermal power facility in
Arizona.
—Represented pension fund in $62 million acquisition of an office/hotel complex in Basking Ridge,
New Jersey.
—Represented private utility company in the negotiation of an option agreement for 132 acres in the
state of New York for the development of a 1,000 megawatt natural gas-fired electric generation plant.
44
Lenore Y. Reeves
Lenore Y. Reeves
Paralegal
New York, NY: 212-940-3031
lreeves@nixonpeabody.com
Education
Marymount Manhattan College, BA
Lenore Reeves is a paralegal supporting both the Real Estate and Affordable Housing groups.
Services
I focus on real estate and affordable housing transactions that are typically very complex and multilayered, with many moving
parts. I assist with due diligence assignments, including title and survey review and analysis and facilitate closings to ensure our
client’s transactions are streamlined and efficient.
45
Arthur J. Rosner
Art Rosner represents companies and individuals engaged in real estate development and banks and other financial institutions involved in real
estate finance.
Services
Much of my work includes the acquisition and disposition of real estate investments, commercial leasing of all types of property and the entry into
joint forms of ownership to develop, operate and manage real estate investments.
Arthur J. Rosner
I help clients choose the best real estate investment vehicle for their business goals. I also work on creating special purpose entities and
bankruptcy-remote entities designed to meet the requirements in securitized real estate financings.
New York, NY: 212-940-3023
arosner@nixonpeabody.com
I have extensive experience advising my clients in financing and lending to real estate projects, both debt and equity and buying or selling
commercial mortgage loans and loan portfolios. I also help with workouts and restructures of real estate loans, including for special servicers and
mortgage loan enforcement and foreclosures.
Partner
Education
Brooklyn Law School, J.D. (managing editor, Brooklyn Law
Review)
Queens College of the City University of New York, B.A.
Admissions
Admitted to practice in New York and in the U.S. District Court
for the Southern and Eastern Districts of New York.
Representative Experience
—Represented Water Street Leasehold LLC, an affiliate of The William Kaufman Organization, in connection with the refinancing of 77 Water
Street in New York City. Representation involved negotiating a $45 million loan from The AXA Equitable Life Insurance Company, as well as
negotiations with The Goldman Sachs Group, Inc. (Goldman Sachs), to which the building is net leased.
—Represented the owner of 777 Third Avenue, New York City, in connection with the negotiation of a lease of approximately 240,000 square
feet (plus options for additional space) to Avon Products, Inc., the international cosmetics conglomerate.
—Represented the New York Economic Development Corporation in connection with the redevelopment of the Battery Maritime Terminal in
lower Manhattan, which involved the negotiation of multiple levels of ground and subleases, and recognition and non-disturbance agreements
because of the historic rehabilitation tax credit structure of the transaction. Representation also included the negotiation of a junior subleasehold
mortgage and pledge of membership interests agreements involving various limited liability companies in the chain of title in the structure, and
the review of the senior loan documents which were from an EB-5 lender, as well as an intercreditor agreement between the senior and junior
creditors.
—Represented the Hunts Point Terminal Produce Cooperative Association (“the Coop”) in negotiating complex documentation with the City of
New York, NYCEDC, and others for the redevelopment of the existing market facilities located on 113 acres of land leased to the Coop by the City
of New York. Representation included negotiating lease amendments to the existing lease, lease and development term sheets, a new long-term
lease with the city, the contracts with the developer, environmental matters, and the financing. Contemplated funding sources for the project
included equity, bank loans, and city, state, and federal funding.
46
Kimberly A. Samuels
Kimberly A. Samuels
Paralegal
Rochester, NY: 585-263-1567
ksamuels@nixonpeabody.com
Education
Rockland Community College, Paralegal Certificate
Ivy Mortgage, Princeton, New Jersey, Loan
Origination/Underwriting Certificate
Kimberly Samuels brings 29 years of real estate paralegal experience to transactions involving cell tower citing, leasing, commercial
foreclosures and various commercial and residential transactions.
Services
Cell tower citing
My primary focus lately has centered on the wireless telecommunications industry. Currently, I work with a major cell tower company in
acquiring and leasing properties across the U.S. for cell tower placement and the ongoing modifications. This involves working closely with the
attorneys within the group as clients and engineers. I enjoy being a key player and using my ability to multitask many projects at any given
time.
Commercial foreclosures
I also assist with commercial foreclosures, working with lenders and title companies to ensure a smooth, timely closing. With my litigation
background and organizational skills, I’m able to handle much of the initial drafting of the various pleadings while also preparing all of the
necessary real estate documentation.
Speaking
I have been called upon in the past to speak at various seminars and training sessions on a variety of topics.
47
Paul E. Schrier
Paul E. Schrier
Partner
San Francisco, CA: 415-984-8280
pschrier@nixonpeabody.com
Education
University of Santa Clara, J.D.
Brown University, B.A.
Admissions
Admitted to practice in the state of California.
Paul Schrier is a senior transactional partner and former office managing partner of Nixon Peabody LLP’s San Francisco Office. As the
consummate “deal lawyer,” Paul advises clients on significant transactions spanning a diverse array of industries.
Services
Deal lawyer
I do deals. These deals can be a corporate mergers, including cross-border transactions; secured lending and other asset-based financings and
sophisticated loan workouts; real estate acquisitions and dispositions of commercial, retail, industrial and hotel properties; and multifamily
and commercial development projects, including ground leases and sale-leaseback transactions.
Outside general counsel
I also serve as outside general counsel for many of my clients. I work with clients to develop strategies for corporate growth, portfolio
development and on ways to maximize their returns and minimize their risks. This attention to my clients involves teaming with NP colleagues
from all of our offices and practices.
48
Alison Torbitt
Alison is in the Energy and Environmental practice group and is also active in the Beverage Alcohol team and Commercial Litigation. She
focuses on all things regulatory, from counseling manufacturers on stormwater obligations to assisting contractors with licensing, to helping
residential solar companies comply with consumer protection.
Services
Alison Torbitt
I counsel business and industry clients on compliance with federal, state and local environmental and energy laws, as well as negotiating and
litigating third-party commercial and civil disputes in state and federal court.
Associate
Environmental compliance
San Francisco, CA: 415-984-8208
atorbitt@nixonpeabody.com
With a technical background as an aquatic ecotoxicologist, I have first-hand knowledge of the science and business repercussions for the
water, air, hazardous materials and spill response notification laws and regulations. I have provided strategy and advice on how to costeffectively settle the penalties associated with Notices of Violation as well as successfully brought a contaminated site to closure, receiving a
No Further Action letter.
Education
University of Oregon School of Law, Order of the Coif (1st in
class) (Editor-in-Chief, Western Environmental Law Update;
Associate Editor, Oregon Law Review; Environmental Fellow,
Oceans, Coasts, and Watersheds Project; First Place Champion,
Oregon Environmental Law Moot Court Competition;
Quarterfinalist, National Environmental Law Moot Court
Competition)
University of California, Santa Barbara, B.S. and B.A., both with
High Honors
University of Queensland, Australia, Marine biology research
program
Admissions
Alison is admitted to practice in California.
Environmental and energy due diligence and transactional assistance
I have also assisted with environmental and energy due diligence for the acquisition, leasing and financing of real property, including a
particular focus on large traditional and renewable power plants. I am very familiar with environmental enforcement, as well as energy
regulatory concerns related to curtailment, utilities and CalISO and help to assure that my clients are adequately informed and protected of the
risks associated with the transaction. Responding to multiple client requests, I have also developed significant experience in consumer
protection requirements for the residential solar sector, helping to negotiate a middle ground that is both financially beneficial and consumerfriendly.
Beverage and alcohol
I have counseled wineries and breweries with their licensing, distributing and packaging questions, including step-by-step assistance obtaining
licensing from the California ABC. I also assist production facilities with compliance with the environmental laws, regulations and guidance,
including stormwater, wastewater, hazardous materials handling and disposal and spill response notification requirements.
Commercial litigation
I have experience in federal and state court, settlement conferences with administrative bodies and commercial arbitration and mediation,
assisting business and industry clients to find cost-effective and efficient means to settle both regulatory and civil disputes.
49
Justine E. Wilcox
Justine E. Wilcox
Partner
Tina Wilcox concentrates her practice on “dirt” law and real estate finance. Her focus is both in guiding clients through the transaction—
including purchase, sale, leasing and financing of real property and land—and developing both an exit strategy and identifying business
issues that may arise during ownership or leasing that would affect clients.
Washington, DC: 202-585-8745 jwilcox@nixonpeabody.com
Services
Education
Suffolk University Law School, J.D.
Goucher College, B.A.
Admissions
Admitted to practice in the District of Columbia and the
commonwealth of Massachusetts.
My practice is transactional in nature and because of my years of experience I not only deal with “customary and traditional” transactions,
but also those which are both sophisticated and complex. These means I have managed transactions that are simple purchase and sale
transactions as well as portfolio transactions and have worked with layering of financings. The assets that are included in those transactions
range from apartment complexes to shopping malls to golf courses to warehouses. These transactions frequently have ground leasing,
mezzanine or other investor financings. I also have extensive experience in the sale or purchase of mortgage loans and structured financings
associated with those transactions as well as the more traditional origination of mortgage debt, equity financing and assumptions and
servicing of mortgage loans.
Leasing and subleasing also are part of my customary portfolio of ongoing matters. Included within my practice are those transactions that
have layers of issues where I can bring my experience and add to the mix by folding in those experts in the firm’s Affordable Housing and Tax
Credit Finance and Syndication groups, among others.
50
Jeffrey G. Wright
Jeffrey G. Wright
Jeff Wright represents educational institutions, health care organizations, developers, underwriters and credit providers in the planning,
development and financing of nonprofit educational and health care facilities.
Rochester, NY: 585-263-1323
Services
Senior Counsel
Education
Cornell Law School, J.D.
Harvard University, B.A.
Leveraging more than 30 years of experience, I assist clients in structuring complex transactions to achieve their business goals with maximum
efficiency and at minimum cost.
Admissions
Admitted to practice in New York.
I represent colleges and universities and hospitals and other health care organizations in New York State, helping them to finance capital
projects. Usually, these financings utilize tax-exempt bonds and, in the case of health care organizations, FHA insurance. I have also assisted
many of these clients in refinancing existing indebtedness, reducing debt service payments and removing financial covenants.
Financing for Educational Institutions and Health Care Organizations
Student Housing Development and Financing
I also work with both public and private colleges in several states to plan, develop and finance the acquisition or new construction of both onand off-campus student housing facilities. These projects employ a variety of ownership and financing structures, often including joint
ventures with for-profit developers. To the extent necessary, I coordinate the services of other firm attorneys with experience in nonprofit
corporate law, design and construction, zoning and land use, environmental law, tax law and public finance.
Resume Bios
52
Bruce j. baker
Experience
Bruce J. Baker
Partner
1300 Clinton Square
Rochester, NY 14604
bbaker@nixonpeabody.com
585-263-1232
Services
Business
Real Estate Litigation and Construction
Financial Institutions
Education
Harvard Law School, J.D.
University of Pennsylvania, B.A.
Admissions
Admitted to practice in New York and the United States District
Courts for the Southern, Eastern and Western Districts of New
York.
Bruce Baker is a member of the firm’s Real Estate group and its Construction law team, which represents clients in all aspects of
construction law. He is heavily involved in the firm’s construction contract negotiating, drafting, and counseling practice and has,
over the past two decades, drafted numerous agreements on behalf of owners with architects, consultants, construction managers,
design/builders and general contractors. He has extensive experience in drafting and negotiation of design/build, EPC and other
hybrid agreements and counseling on construction contracting alternatives.
Mr. Baker has experience in the financing and construction of large-scale energy, transportation, manufacturing and health care
facilities and similar projects, as well as mixed-use residential and retail complexes. He currently co-leads the Real Estate group’s
Campus Infrastructure and Community Development team, where he represents developers and higher education institutions in
real estate matters involving student housing facilities. He counsels clients on the application of public bidding requirements to
various types of projects and the requirements for professional licensing of architects, engineers and design/builders. He is also
active in claims consulting and the negotiation and resolution of disputes involving owners, contractors, construction managers,
design professionals and sureties. Over the past several years, Mr. Baker has been involved in the construction aspects of the
financing of new major league baseball stadiums in the New York City region for the Yankees, the Mets, and the Jets/Giants and
was involved in the Barclays Center arena financing in Brooklyn. He has represented major U.S. corporations in negotiating
EPC/design/build contracts for sophisticated manufacturing and materials-handling complexes, airport terminals and office
buildings, and is currently representing an investor-owned utility in the deconstruction of several decommissioned power plants.
He has also been involved in performing risk analyses of concession agreements for toll road projects on behalf of developers and
lenders.
From 1983 to 1985, Mr. Baker was a senior attorney, Corporate and Litigation, with the General Counsel’s Office of the United
States Synthetic Fuels Corporation in Washington, DC.
Bruce j. baker
Bruce j. baker (continued)
Affiliations
Mr. Baker currently serves on the Board of Trustees for the Rochester Museum and Science
Center. Additionally, Mr. Baker is a member of the Monroe County, New York State and
American Bar Associations, including the Construction Industry Forum. He is a past Chairman
of the Business Law Section of the Monroe County Bar Association, a past chairman of the
Business Law Section of the New York State Bar Association and a past chairman of that
Section’s Banking Law Committee. He speaks and writes regularly on banking and
construction law issues and has guest-lectured at programs sponsored by the Independent
Bankers Association of New York, the New York Bankers Association, the Institute for
Professional Development and the New York State and Monroe County Bar Associations. His
articles have appeared in The New York Law Journal, the Rochester Business Journal, and other
publications.
53
Lori A. Bowman
54
Experience
Lori A. Bowman
Lori A. Bowman focuses her practice on all aspects of commercial real estate, representing lenders, owners, investors and
developers in the acquisition, sale, leasing, financing and development of commercial real estate, with a particular emphasis on
lending and leasing.
1300 Clinton Square
Rochester, NY 14604 lbowman@nixonpeabody.com
585-263-1638
Lori’s experience includes the financing of a broad range of real estate projects, including office buildings, apartment and
condominium projects, hotels, manufacturing facilities and health care facilities. She represents landlords and tenants in
commercial leasing transactions throughout the country related to medical office space, general office space, industrial and
manufacturing facilities and retail space.
Services
Capital Markets & Real Estate Finance
Distressed Debt & Real Estate Workouts
Leasing
Real Estate and Community Development
In addition to her real estate finance and leasing experience, Lori has handled complex multi-site acquisition and sale projects, as
well as counseled clients in all types of real estate disputes. She has also assisted clients with workouts and restructuring of debt
transactions.
Counsel
Education
University at Buffalo, School of Law, J.D.
State University of New York at Geneseo, B.S.
Admissions
Admitted to practice in New York.
Affiliations
Ms. Bowman is a member of the New York State and Monroe County bar associations. She is also a member of the Greater
Rochester Association for Women Attorneys.
Publications
—“Gov. Andrew Cuomo Unveils Major Economic Development Initiative Offering Tax Benefits to Businesses Operating On or
Near Select College and University Campuses,” Nixon Peabody New York Law Alert, June 2013.
55
Robert W. Burgdorf
Experience
Mr. Burgdorf’s practice concentrates on all aspects of real estate law, with primary focus on land use planning and zoning, public
utility siting, resort development, wind energy development, landlord/tenant matters and real estate-related litigation. He also
provides general representation for colleges and universities.
Robert W. Burgdorf
Partner
1300 Clinton Square
Rochester, NY 14604
rburgdorf@nixonpeabody.com
585-263-1333
Services
Real Estate & Community Development
Higher Education
Education
Cornell University Law School, J.D., cum laude
St. John Fisher College, B.A., magna cum laude
Admissions
Admitted to practice in New York.
Representation Experience
—Mr. Burgdorf has represented Verizon Wireless and other wireless communication companies since the late 1980s, including:
— Helping those companies secure land use approvals for more than 1,000 sites throughout New York State for wireless
telephone transmitting facilities.
— Creating law in New York that cellular telephone companies are to be treated as public utilities for zoning purposes.
— Dozens of successful lawsuits against municipalities who have denied siting applications.
— Recently successfully challenged a municipality in one of the first cases in the United States in connection with the FCC’s “shot
clock” regulations.
—Mr. Burgdorf also specializes in higher education law representing colleges and universities, including acting as college counsel
and providing general representation for a major four-year liberal arts college in Upstate New York.
—He has successfully permitted utility scale wind energy projects in New York State, as well as successfully challenged the denial
by municipalities seeking to prohibit these projects.
—Developed and represents the leading national not-for-profit trade group for the resort membership industry.
—On behalf of a nationwide consortium of outdoor resorts, has developed and represents a national network of 70 outdoor
membership resorts.
—He is experienced in various aspects of project development and permitting, as well as real estate litigation, particularly matters
related to zoning and Article 78 proceedings.
56
Robert W. Burgdorf
Robert W. Burgdorf (Continued)
Experience (continued)
Publications
Before joining the firm, Mr. Burgdorf worked for the U.S. Attorney’s Office and clerked for the
Department of Justice.
—“Siting Wind Farms in New York: Applicability of the Relaxed Public Utility Standards,”
New York Zoning Law and Practice Report. (Co-author)
Affiliations
Pro Bono Activities
Monroe County Bar Association and New York State Bar Association.
Currently assisting in development of local Hospice Care Facility.
57
Dana K. Campbell
Dana K. Campbell
Associate
1100 Clinton Square
Rochester, NY 14604
dcampbell@nixonpeabody.com
585-263-1672
Services
Real Estate
Education
SUNY Buffalo, J.D.
University of Cincinnati, B.A., magna cum laude
Admissions
Admitted to practice in New York.
Experience
Ms. Campbell concentrates her practice in the area of real estate. She practices primarily in matters relating to zoning and land use
development. Previously, Ms. Campbell clerked for the Honorable Michael A. Telesca, district court judge for the Western District
of New York.
Affiliation
Ms. Campbell is a member of the American, New York State and the Monroe County bar associations.
58
Ethan J. Ceplikas
Experience
Ethan J. Ceplikas
Associate
100 Summer Street
Boston, MA 02110
eceplikas@nixonpeabody.com
617-345-1173
Ethan J. Ceplikas focuses his practice on all aspects of commercial real estate transactions, with an emphasis on representing
clients in various facets of zoning and permitting of development projects. In addition, Mr. Ceplikas counsels owners and
developers of affordable housing regarding acquisition, disposition and management of their assets, including assets developed
pursuant to Section 42 of the Internal Revenue Code. Mr. Ceplikas regularly advises these clients on Massachusetts’ recently
enacted Act Preserving Publicly Assisted Housing, commonly referred to as Chapter 40T.
Mr. Ceplikas also maintains an active practice advising and representing retail, restaurant and other property owners before
several City of Boston and Commonwealth of Massachusetts agencies, including the City of Boston Public Improvement
Commission and the Commonwealth of Massachusetts Alcoholic Beverages Control Commission.
While in law school Mr. Ceplikas was a member of the Loyola University Chicago International Law Review, served as vicepresident of the Loyola Business Law Society and worked as a judicial extern for the Honorable Ronald Bartkowitz of the Circuit
Court of Cook County, Illinois. Mr. Ceplikas was also a summer associate at Nixon Peabody in 2008.
Services
Real Estate & Community Development
Prior to law school, Mr. Ceplikas worked as a senior associate within the Advisory Practice at PricewaterhouseCoopers LLP and
was a member of the Financial Management Program at General Electric Corporation.
Education
Loyola University Chicago School of Law, J.D., cum laude
Babson College, B.S., magna cum laude
Representative Work
Admissions
Admitted to practice in Massachusetts.
—Represented the Boston Tea Party Ships & Museum with development, permitting, and financing for its new $28 million
museum.
—Assisted developer with title analysis and financing of $33 million senior housing complex in Boston’s Chinatown
neighborhood.
—Advised client on zoning and permitting issues related to development of senior housing development in the former South
Weymouth Naval Air Station.
—Served as counsel to the Massachusetts House of Representatives during 2011 voting redistricting.
—Assist the nation’s largest affordable housing owner with the disposition of properties developed under Section 42 of the
Internal Revenue Code.
59
Ashley E. Champion
Ashley E. Champion
Associate
1300 Clinton Square
Rochester, NY 14604
abaker@nixonpeabody.com
585-263-1361
Services
Real Estate
Education
Albany Law School of Union University, J.D., cum laude
Niagara University, Political Science, B.A., magna cum laude
Admissions
Admitted to practice in the state of New York.
Experience
Ashley Champion focuses her practice on all aspects of commercial real estate transactions. Her experience includes
representation of owners, investors and developers in their acquisitions, sales, leasing, financing and development of commercial
real estate. She also represents private sector clients before municipal boards in zoning and land use matters; representing
municipalities, utility companies and wind developers in the acquisition of real property interests; and representing commercial
and institutional clients in a variety of real estate transactions.
In this capacity she is experienced at drafting and negotiating purchase and sale agreements, leases and loan documents, as well as
analyzing and resolving title and zoning issues. She also represents clients in various aspects of zoning and permitting of
development projects.
Affiliations
Ms. Champion is a member of the New York State Bar Association, the Monroe County Bar Association and the Greater Rochester
Association for Women Attorneys. She is also a member of Albany Law School’s honorary scholarship group, The Justinian Society.
60
Colette A. Dafoe
Experience
Colette A. Dafoe focuses her practice on all aspects of commercial real estate transactions, representing owners, investors and
developers in acquisitions, sales, leasing, financing and development of commercial real estate. Her practice involves drafting and
negotiating purchase and sale agreements, leases, and loan documents and performing due diligence and other site acquisition
services.
Colette A. Dafoe
Partner
401 Ninth Street NW Suite 900
Washington, DC 20004cdafoe@nixonpeabody.com
202-585-8393
Services
Real Estate & Community Development
Additionally, Colette works on multifamily housing matters, particularly with respect to the senior housing and care industry. She
represents clients in transactions ranging from single property matters to several of the most notable transactions in the industry
involving publicly traded and privately held clients. Her clients include investors, financiers, purchasers, and providers and sellers
of multifamily apartments, active adult communities, assisted living facilities, nursing homes and CCRCs.
Colette’s restructuring and workout experience includes workouts of commercial loans, portfolio and securitized loans,
distressed property sales and representation of lenders in debtor-in-possession financing transactions.
Colette was recognized by Chambers USA: America’s Leading Lawyers for Business in 2012 and 2013 in the area of Real Estate
Law. She has also been recognized as a “Rising Star” by Law & Politics Media, Inc. based on a peer review survey of attorneys in
Massachusetts.
Education
Northeastern University School of Law, J.D.
Tufts University School of Medicine, M.P.H.
St. Lawrence University, B.S., summa cum laude
Representative Experience
Admissions
Admitted to practice in Massachusetts and the District of
Columbia.
—Represent a regional health care lender financing the acquisition, development, and expansion of seniors housing campuses
(independent living, assisted living and continuing care retirement communities) throughout New England.
—Serve as outside General Counsel to the largest continuing care retirement community in metropolitan Boston handling its dayto-day legal affairs and mitigating operating risks.
—Represented a foreign investor in two acquisitions and a disposition of a New England seniors housing portfolio valued at $890
million, and counseled client on a range of asset management matters throughout the ownership period.
—Represented the special servicer in the workout of an approximately $100 million loan portfolio.
—Represented the special servicer in the sale of multiple REO hotel properties located throughout the mid-Atlantic and
northeastern United States.
61
John F. D’Amanda
Experience
John F. D’Amanda
Counsel
1300 Clinton Square
Rochester, NY 14604
jdamanda@nixonpeabody.com
585-263-102
Services
Real Estate
Education
Whittier College School of Law, J.D.
Washington College, B.A.
Manchester College of Oxford University
Admissions
Admitted to practice in the state of New York.
John D’Amanda focuses his practice on commercial real estate, and has extensive experience in complex transactional work, such
as acquisition work for REITs, and the acquisition and sale of office parks, retail establishments and commercial properties for
developers. John has a wide range of experience representing both landlords and tenants in the leasing of office, industrial and
manufacturing properties. Development is a core part of his practice, having successfully represented developers of HUD
financed assisted and senior living projects, residential and office condominium projects, and projects involving economic
development incentives such as municipal grants, tax credits and public finance (including work with IDAs and PILOT
agreements).
John works on behalf of numerous lenders, and in particular with lending secured by real estate mortgages or deeds of trust. His
expertise in secured lending includes foreclosures and workouts for commercial banks, as well as for special servicers in the
foreclosure, modification and restructuring of commercial mortgage backed securities (CMBS).
John frequently integrates his practice with other departments at Nixon Peabody LLP, working closely with practice groups for
Affordable Housing, Health Care, Zoning, Litigation, Public Finance, Environmental, Global Finance and Construction.
His long time commitment to individuals and small enterprises, which John critically maintains in addition to his relationship with
commercial clients, has led to several other focus areas, including, succession planning for families with land holdings, historical
preservation law and work for not-for-profits.
Based on the results of a peer-review survey, John has been recognized in 2011 by New York Super Lawyers magazine for his work
in Real Estate law.
John F. D’Amanda
John F. D’Amanda (Continued)
Affiliations
John is a member of the New York State Bar Association, the Monroe County Bar Association
and the American Bar Association.
He has served or currently serves on numerous boards including EquiCenter, Inc., Rochester
School for the Deaf, Landmark Society of Western New York, The Harley School, Rochester
Downtown Development Corporation and Rochester Home Builders Association. Additionally,
he served on the George Eastman House Endowment Committee, the Memorial Art Gallery
Averill Council and was district commissioner of the Pultneyville Fire District. He is a trustee
and president-elect of the Upstate Chapter of NAIOP, a national trade organization for
commercial real estate.
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63
Lawrence S. DiCara, P.C.
Experience
Lawrence S. DiCara practices real estate and administrative law. He has taught at Harvard, Boston University and the University of
Massachusetts.
Lawrence S. DiCara, P.C.
Partner
100 Summer Street
Boston, MA 02110-1832
ldicara@nixonpeabody.com
617-345-1210
Services
Real Estate
Government Relations
Education
University of Massachusetts, L.L.D. (Hon.)
JFK School of Government, Harvard University, M.P.A.
Suffolk University Law School, J.D.
Harvard College, A.B.
Admissions
Admitted to practice before the District Court of Massachusetts,
the Court of Appeals for the 1st Circuit, and the U.S. Supreme
Court.
Mr. DiCara has been intimately involved with the development process in Boston for over thirty years, and he has been named
Special Counsel to the Massachusetts House of Representatives with respect to redistricting on several occasions. He has
represented owners and developers before the Boston Redevelopment Authority and most every other city and state agency. Mr.
DiCara has extensive experience counseling clients on legislative matters at the federal and state levels. He travels to Washington,
DC frequently to represent clients.
Mr. DiCara has been selected by his peers for inclusion in The Best Lawyers in America 2012 and 2013, recognized in the area of
Real Estate Law. Inclusion in Best Lawyers is based on a peer-review survey. He has also been recognized as a “Massachusetts
Super Lawyer” in Real Estate based on a peer-review survey by Thomson Reuters (2004-2012).
Hamilton Books recently published Mr. DiCara’s memoir, Turmoil and Transition in Boston.
Affiliations
Mr. DiCara is a former member and president of the Boston City Council and has served as a member of the Democratic State
Committee for over 40 years.
He serves as a Director and Chairman of the Audit Committee of the Harvard Cooperative Society, and an Overseer of The
Children’s Museum. He is Chairman of the Audit Committee of the City of Boston and is active in many other civic and charitable
endeavors. For over forty years, he has taught government at Massachusetts Boys State/Girls State. Mr. DiCara has served as
Treasurer of the Boston Bar Association and a member of its Council and chairs its Legislative Steering Committee. He is former
President of the Boston Latin School Association, the Greater Boston Council, Boy Scouts of America and the Boston Theatre
District Association, former Chairman of The Boston Municipal Research Bureau, former Chairman of A Better City and a former
Trustee of the University of Massachusetts.
In recent years, he has received the Judge Learned Hand Award from the AJC, the Father of the Year Award from the ADA, and a
Lifetime Achievement Award from the Massachusetts Boys State/Girls State Foundation.
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Thomas F. Diorio
Thomas F. Diorio
Experience
437 Madison Avenue
New York, NY 10022
tdiorio@nixonpeabody.com
212-940-3145
Thomas Diorio’s practice focuses on representing institutional clients, small and mid-sized ventures and entrepreneurial
individuals in the financing, acquisition, sale, leasing and development of a full range of real estate assets including office
buildings and parks, apartment buildings and complexes, retail facilities, historic tax credit properties, hotels, warehouses,
restaurants, mixed-use developments, residential subdivisions, solar rooftop facilities, biomass energy plants, landfill gas-toenergy plants, waste-to-energy plants and ports. Tom also has extensive experience with workouts of troubled loans and
development projects for lenders, owners and developers.
Counsel
Services
Real Estate Development
Real Estate Acquisitions and Dispositions
Energy
Project Finance
Education
University of Florida, J.D.
Villanova University; Florida State University, B.A.
Admissions
Admitted to practice in New York, Connecticut and Florida.
With the continued expansion of renewable energy project development, Tom has spent a considerable amount of time providing
real estate support to the acquisition, sale, financing and development of energy projects.
Tom has received an AV rating (Florida) from Martindale-Hubbell®, its highest peer review rating for both legal ability and general
ethical standards.
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Dino fazlibegu
Experience
Dino fazlibegu
Partner
437 Madison Avenue
New York, NY 10022
dfazlibegu@nixonpeabody.com
212-940-3120
Services
Capital Markets & Real Estate Finance
Distressed Debt & Real Estate Workouts
Real Estate Acquisitions & Dispositions
Education
New York Law School, J.D., magna cum laude, New York Law
School Law Review
Monmouth University, M.B.A.
Polytechnic Institute of New York University, B.S.E.E.
Admissions
Admitted to practice in New York.
Dino Fazlibegu represents investment banks, insurance companies, commercial banks, hedge funds and other financial
institutions in complex structured real estate finance transactions, including mortgage loans included in securitizations,
mezzanine loans, construction loans and bridge loans. Dino’s experience is comprised of all types of real estate including hotels,
retail, office, multi-family, industrial, manufactured housing and golf course properties in transactions ranging from highlystructured, single-asset financings to portfolio transactions involving multiple lenders and hundreds of properties located
throughout the United States.
Dino has also handled numerous workouts and restructurings of secured debt transactions and has extensive experience in the
purchase and sale of performing and non-performing debt in the secondary market and the negotiation of complex co-lender,
participation and intercreditor agreements.
In addition to his real estate finance experience, Dino has represented clients in acquisitions and dispositions of real estate, and in
the issuance of debt through the use of trust preferred securities and subordinated unsecured note structures. He has also assisted
clients with the subsequent workouts and restructuring of such debt transactions.
Representative Experience
—Represented an investment bank and a REIT, as co-lenders, in the origination of an aggregate $1,069,000,000 mortgage loan
implementing an A/B note structure in financing the acquisition of a portfolio of 289 multifamily properties in 10 states and the
subsequent refinancing of such loan.
—Represented an investment bank in the origination of an $805 million loan allocated between a mortgage loan and several
layers of mezzanine loans for the acquisition, redevelopment and condominium conversion of an office building in New York City.
—Represented an insurance company and a financial institution, as co-lenders, in the origination of the senior mortgage loan
portion of a $590 million financing secured by an office/retail condominium property located in New York City.
—Represented an investment bank in the origination of a $500 million mortgage loan which was structured as a component note
and secured by the Westchester Mall located in Westchester, New York.
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Dino fazlibegu
Dino fazlibegu (Continued)
Representative Experience (continued)
Affiliations
—Represented an investment bank in the origination of a $247.2 million loan secured by six
ground leased hotel properties located in various states, which loan was comprised of a
mortgage loan and a mezzanine loan.
Dino is a member of the Real Property Law Section of the New York State Bar Association.
—Represented a special servicer in connection with the workout of a defaulted $195 million
securitized mortgage loan secured by five furniture mart properties located in North Carolina,
which included the appointment of a receiver and the subsequent sale of such properties
subject to the assumption of such securitized senior loan by the purchaser and the
modification thereof.
—Represented a special servicer in the restructuring of a $120.5 million securitized mortgage
loan secured by a shopping mall located in Florida, which restructuring was comprised of a
bifurcated note structure, that included a “Hope Note” and a third party mezzanine loan.
—Represented financial institutions and hedge funds in numerous trust preferred securities
transactions and other unsecured subordinated debt transactions ranging from $25 million to
$200 million to public and private companies, home builders, REITs and other institutional
borrowers and the subsequent restructuring of many such transactions.
—Represented an insurance company in the establishment of a $50 million revolving
mezzanine credit facility for the acquisition and development of multifamily and student living
rental properties and undeveloped land parcels, which credit facility was comprised of
individual first mezzanine loans and individual junior mezzanine loans and the subsequent
workout thereof.
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Mahmood R. Firouzbakht
Mahmood R. Firouzbakht
Associate
100 Summer Street
Boston, MA 02110
mfirouzbakht@nixonpeabody.com
617-345-1228
Services
Real Estate
Education
Northeastern University School of Law, J.D.
Harvard University, B.A.
Admissions
Admitted to practice in Massachusetts.
Experience
Mahmood R. Firouzbakht focuses his practice on all aspect of commercial real estate transactions, representing owners, investors,
and developers in their acquisition, sales, leasing, financing, management and development of commercial real estate. Mr.
Firouzbakht’s practice involves drafting and negotiating purchase and sale agreements, leases and loan documents as well as
analyzing and resolving title and zoning issues. Mr. Firouzbakht also represents clients in various aspects of zoning and permitting
of development projects.
Prior to joining Nixon Peabody, Mr. Firouzbakht was an intern with Commonwealth of Massachusetts Division of Capital Asset
Management, Robinson and Cole LLP and the United States Attorney’s Office for the District of Massachusetts.
Affiliations
Mr. Firouzbakht is an associate member of the City of Cambridge Board of Zoning Appeal, a member of the National Association
of Industrial and Office Properties and a member of the Urban Land Institute. He is also a member of the Boston Bar Association
and Real Estate Bar Association.
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Brian G. Flanagan
Brian G. Flanagan
Experience
1100 Clinton Square
Rochester, NY 14604
bflanagan@nixonpeabody.com
585-263-1313
Brian Flanagan concentrates his practice in both real estate development and real estate litigation, including commercial
foreclosures, condemnation and tax assessment review.
He also regularly represents developers and owners in commercial acquisitions and sales. Such experience includes development
of energy projects, revitalization of “brownfield” properties and significant condominium and cooperative conversions, including
senior living communities.
Services
Real Estate
Mr. Flanagan has lectured on various commercial real estate topics for both the New York State Bar Association and the Monroe
County Bar Association.
Education
University of Chicago, J.D.
Syracuse University, B.A., summa cum laude
Mr. Flanagan recently was the Department Head for the firm’s Real Estate Department and currently serves as the firm’s
Operations Partner and is a member of the firm’s Management Committee and Compensation Committee.
Partner
Admissions
Admitted to practice in New York.
Affiliations
New York State (Committee on Condominiums and Cooperatives) and Monroe County (former Chair, Real Estate Council) Bar
Associations; Institute for Professionals in Taxation.
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Christopher R. Froeb
Experience
Christopher R. Froeb focuses his practice on all aspects of commercial real estate transactions, representing owners, investors and
developers in their acquisitions, sales, leasing, financing and development of commercial real estate. His practice involves drafting
and negotiating purchase and sale agreements, leases and loan documents, as well as analyzing and resolving title and zoning
issues.
Christopher R. Froeb
Additionally, Chris works extensively on market rate and affordable multifamily housing matters. He has represented owners,
developers and investors of multifamily apartments throughout the country.
100 Summer Street
Boston, MA 02110
cfroeb@nixonpeabody.com
617-345-1137
Chris’s restructuring and workout experience includes workouts of commercial loans, portfolio and securitized loans, distressed
property sales and representation of lenders in debtor-in-possession financing transactions. In addition, Chris has represented
several clients in the acquisition and sale of promissory note portfolios.
Services
Real Estate
Chris was recognized as a 2012 “Rising Star” by Massachusetts Super Lawyers magazine.
Associate
Education
Suffolk University School of Law, J.D., cum laude
Boston College, BA.
Admissions
Admitted to practice in Massachusetts and New York.
Chris is currently the co-chair of the Real Estate Finance Committee for the Boston Bar Association.
Representative Experience
—Several owners/developers in the acquisition, financing and rehabilitation of a number of existing multifamily affordable
housing developments.
—A purchaser in the acquisition and development of a 10-property portfolio of multifamily affordable housing developments
around Massachusetts, which equaled the acquisition of more than 1,000 units of housing.
—A purchaser in the acquisition and development of a 4-property portfolio of multifamily affordable housing developments
around Massachusetts, which equaled the acquisition of approximately 300 units of housing.
—A purchaser of a site formerly containing a salt manufacturer in Wilmington, Massachusetts, to be developed into a multifamily
housing complex pursuant to a M.G.L. Chapter 40B Comprehensive Permit.
—The seller of a portfolio of market rate apartment buildings in Cambridge, Massachusetts, and Arlington, Massachusetts, which
equaled the sale of approximately 400 units of housing.
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John R. Garibaldi
Experience
John R. Garibaldi
John Garibaldi is a member of the firm’s Real Estate & Community Development practice group. He provides valuable counsel to
clients in their acquisitions, sales, leasing, financing and development of a wide variety of commercial real estate.
One Embarcadero Center | Suite 1800
San Francisco, CA 94111
jgaribaldi@nixonpeabody.com
415-984-8209
John’s work encompasses several asset classes, including retail, office, hospitality, industrial and multifamily. He serves as
counsel for lenders, loan servicers, owners, investors, syndicators, developers and management companies, and concentrates in all
phases of real estate practice.
Associate
Services
Capital Markets & Real Estate Finance
Distressed Debt & Real Estate Workouts
Leasing
Real Estate & Community Development
Real Estate Acquisitions & Dispositions
Senior Housing & Care
Education
University of California, Hastings College of the Law, J.D.
University of California Los Angeles, B.A., cum laude
Admissions
Admitted to practice in California.
In response to recent conditions in the commercial lending markets, John’s practice has focused on loan restructuring and
workouts. He has advised lenders, servicers and borrowers with regard to commercial non-performing loans, portfolio and
securitized loans, forbearance agreements, receiverships, deed-in-lieu transactions and distressed property sales. Additionally,
John advises on multifamily housing developments that generate low-income housing tax credits and on deals involving senior
housing and assisted living facilities.
John has been recognized in the 2013 edition of The Legal 500: USA as a Leading Lawyer in the area of Real Estate.
Prior to joining Nixon Peabody, John was a judicial extern with the Honorable John S.W. Lim in the Hawaii Intermediate Court of
Appeals. While in law school, John served on the Hastings Moot Court Board and won a number of moot court brief and oral
awards, most notably a national championship in the Jerome Prince Moot Court Competition.
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John R. Garibaldi
John R. Garibaldi (Continued)
Representative Experience
—Counsel to lender and special servicer on a $130 million multiple tranche securitized loan
secured by a 16 building multifamily property portfolio. John conducted workout negotiations
with counsel for borrower, guarantors and the junior lenders and advised the client through a
receivership, borrower bankruptcy and non-judicial foreclosure.
—Represented the seller in the sale of a 162-unit senior housing complex located in Santa
Rosa, California. The complex provides independent and assisted living services to seniors.
Nixon Peabody handled complex negotiations on the initial purchase and sale agreement that
involved a sale/leaseback structure for California licensing purposes, as well as a sale of the
improvements and assignment of the land’s ground lease.
—Advised owner on the sale of a high profile resort and country club located in northern
California. John negotiated purchase agreement and management transition documents,
resolved complex title and survey matters and assisted with liquor license issues.
—Advised an international client in the workout of their commercial lease portfolio. John
negotiated with a number of different landlords to successfully modify the terms of the
client’s retail leases.
— Advised owner on the sale of a high profile resort and country club located in northern
California. John negotiated purchase agreement and management transition documents,
resolved complex title and survey matters and assisted with liquor license issues.
— Advised an international client in the workout of their commercial lease portfolio. John
negotiated with a number of different landlords to successfully modify the terms of the
client’s retail leases.
— Counsel to lender and special servicer in the workout and modification of a $186 million
securitized loan secured by a 5-star resort and spa located in Southern California.
— Advised investors and limited partners through a debt and equity restructuring of a
national multi-property low-income housing tax credit portfolio.
— Counsel to developer in the purchase of a distressed loan secured by a large scale
development project located in Northern California. John assisted with the due diligence
and purchase of the distressed loan and advised the client throughout the foreclosure
process in their negotiations with borrower, guarantors and various public agencies.
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Andrew I. Glincher
Experience
Andrew Glincher is the Managing Partner and CEO of Nixon Peabody LLP.
Andrew I. Glincher
CEO and Managing Partner
100 Summer Street
Boston, MA 02110
aglincher@nixonpeabody.com
617-345-1222
Services
Real Estate & Community Development
Education
Northeastern University School of Law, J.D.
Boston College (Carroll School of Management), B.S., Finance,
cum laude
Admissions
Admitted to practice in Massachusetts.
Mr. Glincher has focused his practice on the representation of institutional and individual owners, developers and managers of
real estate; business owners; professionals and professional service firms; institutional lenders in financing, loan recovery and
restructuring; and various parties in the negotiation and resolution of business and real estate disputes. Mr. Glincher is nationally
known for his consensus-building approach, problem-solving techniques and negotiation skills, including his ability to structure
successful and creative resolutions to disputes of all types.
Over his decades-long career, Mr. Glincher has represented developers and owners of retail centers, hotels, office and industrial
buildings and parks, utilities, restaurants, residential subdivisions, apartment complexes, assisted living, low-income housing
complexes, long-term care facilities and condominium projects, both locally and nationally. Examples of recent representations
include:
— Ongoing representation of CWCapital Asset Management LLC in its capacity as special servicer in the negotiations with
numerous borrowers throughout the country with regards to curing defaults, lenders’ aquiring mortgaged properties,
and (other engagements).
— Ongoing representation of Archon Group L.P. (Goldman Sachs & Company) in the due diligence, acquisition and
development of prominent office properties throughout the U.S.
— Representation of Waterstone Retail Development in the acquisition and development of 17 shopping center
portfolios throughout the U.S., including the acquisition and development of raw land to be redeveloped into shopping
centers.
— Representation of Target Corporation in the acquisition, development and ground and space leasing of multiple stores.
For his work, Chambers USA: America’s Leading Lawyers for Business recognized Mr. Glincher for exceptional standing in the
legal community in 2013 for Real Estate Law.
Andrew I. Glincher
Andrew I. Glincher (Continued)
Affiliations
Mr. Glincher serves on the faculty of Boston College (Carroll School of Management), Finance
Department, where he has taught a course in Real Estate Finance each semester since 1988.
He serves as a member of the Board of Directors of the Greater Boston Chamber of Commerce.
Mr. Glincher is a past President of Hebrew SeniorLife (HSL) Men’s Associates where he led a
5,000-member group and currently serves as the organization’s Chairman of the Board. HSL is
an organization comprised of seven-sites of senior healthcare, housing, research, training and
education. HSL is a teaching affiliate of the Beth Israel Deaconess Medical Center and the
headquarters of the Harvard Medical School Fellowship in Geriatric Medicine. In addition, Mr.
Glincher is on the Real Estate Committee at the United Way and he has previously served as a
member of the Town of Sharon Zoning Board of Appeals as well as other boards related to
additional business and charitable endeavors. He is a member of the International Council of
Shopping Centers, Commercial Mortgage Securities Association, the National Association of
Industrial and Office Parks and the Boston Bar Association.
Mr. Glincher has been recognized as a “New England Super Lawyer” in Real Estate based on a
peer-review survey by Boston Magazine since inception (2004–2010).
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Thomas C. Greiner, Jr.
Experience
Thomas C. Greiner, Jr.
Partner
1100 Clinton Square
Rochester, NY 14604
tgreiner@nixonpeabody.com
585-263-1456
Services
Real Estate
Real Estate Litigation
Education
George Washington University National Law Center, J.D.
Princeton University, A.B.
Admissions
Admitted to practice in New York and Florida.
Languages
Fluent in Spanish and French, and has a sound working
knowledge of Portuguese.
Thomas Greiner, Jr. practices all aspects of real estate law, with particular emphasis on zoning and land use planning and
development. He has handled multi-site acquisitions and divestitures and complex matters relating to land use development,
including related compliance with the New York State Environmental Quality Review Act.
He has conducted the land use process for the development of regional telecommunications systems such as cellular and long
distance networks in well over 1,500 sites throughout New York and other states.
Mr. Greiner has acted as special counsel to municipalities in negotiating the complexities of the land use/development process,
including litigation over such matters in the state courts. In connection with that, Mr. Greiner has extensive experience in
shepherding complex projects through the SEQRA process. He handles litigation in various aspects of real estate law, both at the
trial and appellate levels. He regularly counsels developers, including performing land use audits to identify potential
complications, and has lectured extensively on land use and environmental matters throughout the state.
Mr. Greiner has extensive experience in the representation of college and universities in the real estate and land use fields for the
expansion and redevelopment of the facilities of such institutions.
Mr. Greiner has lectured on and has helped clients implement “green building” initiatives in projects.
For his work, he is frequently recognized as a foremost attorney in his field. Since 2007, Super Lawyers magazine has listed Mr.
Greiner as a top attorney in the state, and he has earned Martindale Hubbell's AV 5 Preeminent Peer Rating, the highest rating
attainable.
Affiliations
Mr. Greiner is a member of the New York State (International Law and Practice and Real Property Law Sections; Subcommittee on
Planning and Zoning) and Monroe County (Real Property Law Section) bar associations.
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John B. Hood
Experience
John B. Hood
Partner
1300 Clinton Square
Rochester, NY 14604
jbhood@nixonpeabody.com
585-263-1344
Services
Real Estate & Community Development
Education
University of Virginia School of Law, LLB.
Amherst College, B.A.
Admissions
Admitted to practice in New York.
John Hood is particularly experienced in real property tax assessment review and condemnation matters involving commercial,
industrial, utility and power plant projects. He has represented municipalities and taxpayers, and has worked with appraisers,
industrial development agencies, assessors and others in negotiations for the establishment of proper levels of tax assessment.
Mr. Hood has been involved in valuation issues for tax assessment review matters for electric generating plants throughout New
York State. These projects have included nuclear fossil fuel and hydroelectric facilities with values ranging from $8 million to $2.5
billion. His efforts have included negotiation of valuation and assessment settlements and payment in lieu of tax agreements and
representation of parties in the sale and purchase of these facilities.
Mr. Hood also has been involved in efforts by utility clients to modify the methods used by the state of New York to appraise and
assess utility real property. He participated on the firm’s team assisting the New York State Urban Development Corporation to
prepare New York State’s application to the U.S. Department of Energy to site the proposed Superconducting Super Collider. He
coordinated the real estate efforts and worked with the New York State Department of Transportation and New York State
Division of Equalization and Assessment in preparing reports dealing with condemnation issues such as valuation claims and
scheduling of site assemblage and acquisition.
Mr. Hood also has experience in commercial sales and acquisitions, commercial leasing and real estate litigation including
eminent domain, tax assessment and zoning. He has considerable experience in land use matters including zoning, planning, town
and preservation board applications for use and area variances, special permits, interpretations, site plan approval, rezonings of
larger parcels and environmental reviews and related litigation. He has been involved in negotiations with municipalities and
interested civic groups, utilizing traditional as well as innovative methods such as conditional rezoning and drafting of planned
development district regulations.
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Kathleen Jones
Kathleen Jones
Paralegal
1100 Clinton Square
Rochester, NY 14604
kjones@nixonpeabody.com
585-263-1380
Services
Real Estate
Education
University of Rochester, Eastman School of Music, M.A.
Roberts Wesleyan College, B.A.
Experience
Kathleen Jones has been a real estate paralegal for more than 25 years. A member of Nixon Peabody’s real estate group since 1987,
Kathleen has experience in commercial and residential real estate acquisitions, sales and lending transactions for educational,
health care, charitable nonprofit institutions, for-profit corporations, insurance companies and lending institutions. Kathleen also
has extensive experience in the real estate aspects of emerging technologies such as wind power energy.
Kathleen also has experience on project teams in all phases of commercial and industrial acquisition, sale and lending
transactions. She is involved with extensive closing preparation including due diligence, procuring title curatives, document
drafting and completion, frequent interactions with clients and opposing counsel and preparation of closing statements. Her skills
include legal drafting, legal research, and the organization and documentation for complex, multiparty transactions. Her
supervisory responsibilities include occasional training of paralegals and attorneys.
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Jared C. Lusk
Jared C. Lusk
Partner
1300 Clinton Square
Rochester, NY 14604
jlusk@nixonpeabody.com
585-263-1140
Experience
Jared Lusk is a member of the firm’s Real Estate & Community Development group. He has extensive experience in a variety of
legal matters, with a primary concentration on real estate development, planning, zoning, compliance with the New York State
Environmental Quality Review Act, the Adirondack Park Agency Act, and other general municipal matters. Mr. Lusk’s experience
involves representing a wide variety of landowners, developers, retailers, public utilities, wind and other energy providers in
projects throughout New York State. Mr. Lusk also represents a number of fire and emergency service providers throughout New
York State.
Services
Real Estate & Community Development
Agribusiness
Emergency Services
Prior to joining Nixon Peabody, Mr. Lusk served as town attorney for the Town of Pittsford, New York, as an assistant district
attorney, as well as in private practice.
Education
Syracuse University College of Law, J.D.
St. John Fisher College, B.A.
Mr. Lusk currently serves on the Pittsford Town Council; Board of Directors Member for ABVI-Goodwill; as Legal Counsel for
Camp Good Days and Special Times, Inc.; Member, New York State Bar and Monroe County Bar Associations, where he previously
served as chair of the Municipal Attorney Committee and as a member of the Professional Performance Committee; 20-year
member of the Pittsford Volunteer Fire Department, where he served as chief from 2007--2008 and on the Board of Directors
from 2003--2008.
Admissions
Admitted to practice in New York.
Affiliations
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Allen A. Lynch, II
Experience
Allen A. Lynch, II
Partner
100 Summer Street
Boston, MA 02110-1832
alynch@nixonpeabody.com
617-345-1235
Services
Real Estate
Education
Johns Hopkins University, Graduate School of Business, Seniors
Housing and Care Certificate
Franklin Pierce Law Center, J.D.
Hartwick College, B.A.
Admissions
Admitted to practice in Massachusetts.
Allen Lynch provides legal services in a broad range of real estate-related transactional and asset management matters. His clients
include leading developers, capital providers and operators in several asset classes and industry sectors. For developers of New
England properties, Allen provides site acquisition, entitlement, due diligence, condominium formation and closing services. For
domestic and international capital providers, Allen structures and negotiates joint ventures, conducts legal due diligence, advises
on risk mitigation, negotiates and documents financings, obtains regulatory approvals and handles acquisitions and dispositions
of real property and operating assets throughout the U.S. For operators, he negotiates and drafts contracts and provides day-to-day
outside general counsel services.
Allen has particularly extensive experience in the multifamily housing sector, especially senior housing. In the multifamily sector,
this experience includes his representation as lead dispositions and workout counsel to the country’s top asset managers for
institutional investors in affordable housing communities selling assets developed under the Section 42 tax credit program. In the
senior housing and care space, Allen has over 15 years of experience representing parties in transactions and operational
engagements ranging from single property matters to several of the most notable transactions in the industry involving publicly
traded and privately held clients. The unique combination of Allen’s legal and business experience in these sectors is highly
valued by his clients.
Affiliations
Allen is a member of the principal trade organizations in the senior’s housing and care industry. He has served on several
committees and task forces of the National Investment Center for the Seniors Housing & Care Industry, most recently on the
Oversight Committee for the Future Leaders Council and the Fall Conference Planning Committee. He served for eight years as an
Independent Director of Senior Living Management, LLC, which through an affiliate owned and operated over 90 skilled nursing
facilities. Allen is an Executive Education Fellow at the Erickson School of Aging Studies at the University of Maryland at Baltimore
County, where he is the Lead Instructor of the course “Risk Management for Seniors Housing and Care,” and is a regular guest
lecturer in other courses at the school. Allen has also served on the boards of several nonprofit organizations, as president of a
community association, and member of the Planning Board in his hometown. Allen is currently a member of the Board of Trustees
of Hebrew SeniorLife (serving on the Housing Committee), a leading nonprofit provider of health care and housing to seniors in
the metropolitan Boston area and beyond, and regularly represents artists on a pro bono basis through Volunteer Lawyers for the
Arts.
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Allen A. Lynch, II
Allen A. Lynch, II (Continued)
Representative Experience
—Represented the seller in the sale of a 162-unit senior housing complex located in Santa
Rosa, California. The complex provides independent and assisted living services to
seniors. Nixon Peabody handled complex negotiations on the initial purchase and sale
agreement that involved a sale/leaseback structure for California licensing purposes, as well as
a sale of the improvements and assignment of the land’s ground lease.
—Represented a foreign investor in the sale to other foreign investors of equity interests in a
U.S. venture owning several portfolios of regional shopping malls valued at $800 million,
together with the sale of a $26 million unsecured loan to the joint venture, which required
resolution of many complex partnership, tax, debt, and restructuring issues.
—Counsel to a publicly traded REIT in its acquisition and leasing of a $70 million continuing
care retirement community.
—Serve as outside General Counsel to the largest continuing care retirement community in
metropolitan Boston handling its day-to-day legal affairs and mitigating operating risks.
—Represented a buyer/operator in its acquisition of three skilled nursing facilities, handling
complex CHOW matters.
—Represented an international investor in the complex workout and sale of real estate
holdings throughout the U.S. of $1.3 billion of multi-family portfolios, requiring coordination
with exits from European and Asian holdings.
—Counsel to a U.S. developer, owner, and operator of a seniors housing portfolio situated
throughout the Northeast in joint venture, development, regulatory and financing matters.
— Represent a regional health care lender financing the acquisition, development and
expansion of seniors housing campuses (independent living, assisted living and
continuing care retirement communities) throughout New England.
— Counsel to a publicly traded domestic REIT in its acquisition and development of a $140
million mixed-use property in Boston involving difficult structuring, permitting, and title
issues.
— Represented, as Assistant Special Counsel, the Boston City Council in its approval of the
development of a $700 million convention center.
— Represented a foreign investor in two acquisitions and a disposition of a New England
seniors housing portfolio valued at $890 million, and counseled client on a range of asset
management matters throughout the ownership period.
— Serve as primary counsel to the largest owner of multifamily units in the U.S. in the
workout and disposition of investment interests in projects throughout the country,
having closed in excess of 800 transactions.
— Counsel to a leading New England based nonprofit owner and provider of seniors
housing and care in structuring and executing an expansion strategy focused on
development of several new campuses.
— Represented a leading asset manager in sales of large-scale affordable multifamily
apartment complexes throughout the U.S.
— Represented the General Partner in the sale of its interests in a five-property multifamily
portfolio valued at $81 million requiring, in particular, the resolution of debt assumption
and guaranty issues.
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Matthew R. Lynch
Experience
Matthew R. Lynch
Partner
100 Summer Street
Boston, MA 02110-1832
mrlynch@nixonpeabody.com
617-345-1212
Services
Real Estate
Education
Boston College Law School, J.D., cum laude
College of the Holy Cross, B.A., cum laude
Admissions
Admitted to practice in Massachusetts.
Matthew Lynch focuses his practice in the areas of purchase and sale of office, industrial and retail properties, leasing of office,
industrial and retail properties, acquisition and construction real estate lending, office, industrial and retail development, land use
and environmental permitting and asset and property management.
Mr. Lynch has extensive experience in all types of commercial leasing, including office, warehouse, industrial and retail. He has
represented buyers and sellers in a number of large commercial real estate transactions. Also, Mr. Lynch has represented a
number of borrowers and lenders in both acquisition and construction loan transactions. In addition, Mr. Lynch has represented a
number of retailers and developers in connection with obtaining governmental permits and approvals for new real estate projects.
For his work, Chambers USA: America’s Leading Lawyers for Business recognized Mr. Lynch for exceptional standing in the legal
community in 2013 for Real Estate Law.
Affiliations
Mr. Lynch is a member of the Boston Bar Association, the Real Estate Bar Association of Massachusetts, the National Association
of Industrial and Office Properties, the Real Estate Finance Association and the Holy Cross Club of Greater Boston. Mr. Lynch is a
mentor in The Boston Lawyers Group Mentor Program and a member of the Board of Directors of the Boston Scholars Program.
Mr. Lynch is also a member of the Board of Directors of the Boston Lawyers’ Committee for Civil Rights and a member of the
Massachusetts Legal Clinic for the Homeless Committee.
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A. Darren Miller
Experience
Darren focuses his practice on real estate construction and development, as well as other transactional real estate matters. Darren
represents property owners and developers in the negotiation of design, construction, construction management and
development agreements. He also represents sellers, purchasers and lenders in a variety of commercial real estate transactions
and private-sector clients before municipal boards in zoning and land use matters.
A. Darren Miller
Associate
1300 Clinton Square
Rochester, NY 14604
admiller@nixonpeabody.com
585-263-1353
Darren was a summer associate with Nixon Peabody in 2006. Before joining Nixon Peabody, Darren worked as a legal intern at
Columbian Mutual Life Insurance Company, in Binghamton, New York. While in law school, Darren was an associate notes editor
for the Syracuse Law Review. Upon graduation, Darren was elected to the Order of the Coif.
Representative Construction Experience
—Represented higher education client in negotiation of design-build contract for the design and construction of $13 million
student housing facility.
Services
Real Estate
Construction
—Represented higher education client in negotiation of architect’s and construction agreements for the design and construction
of $43 million student housing facility.
Education
Syracuse University College of Law, J.D., magna cum laude
State University of New York at Binghamton, B.A.
Broome Community College, A.A.
—Represented client in negotiation of architect’s and construction contracts for the interior renovation of office space.
Admissions
Admitted to practice in New York.
—Represented client in negotiation of design-build agreement for the design and construction of $15 million food production
facility.
—Represented client in negotiation of architect’s and construction contracts for design and construction of $13 million museum
facility.
—Represented hospital client in negotiation of construction management agreement for 192,000 square foot expansion of its
healthcare facilities.
—Represented retail client in construction matters connected with the multi-million dollar design and construction of its flagship
New York City store.
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A. Darren Miller
A. Darren Miller (Continued)
Representative Real Estate Matters
Publications
— Represented various clients in connection with a variety of purchase and sale
transactions.
—“Terminating the ‘Just Not American Enough’ Idea: Saying ‘Hasta La Vista’ to the
Natural Born Citizen Requirement of Presidential Eligibility,” 57 Syracuse Law Review 97
(2006).
— Represented telecommunications client in negotiation and permitting of various
telecommunication facility sites.
— Represented various clients, as landlords and tenants, in connection with a variety of
leasing matters.
Affiliations
Darren is a member of the Monroe County, New York and American Bar Associations.
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Joann Moolsintong
Experience
Joann Moolsintong practices in all areas of real estate, including acquisitions and sales of commercial office buildings; financings,
including complex, multilevel financings; and negotiation of commercial office and retail leases representing both landlords and
tenants.
Joann Moolsintong
Representative Experience
Associate
—Representation of nonprofit entities in leasing and acquisitions of real estate interests.
437 Madison Avenue
New York, NY 10022
jmoolsintong@nixonpeabody.com
212-940-3733
—Representation of a major developer in the sale, financing, disposition and leasing of its building in New York City.
—Representation of the City University of New York (CUNY) in connection with the acquisition of a portion of a large office
building in Queens NY that was converted into a condominium for the relocation of its law school.
Services
Real Estate & Community Development
Leasing
Capital Markets & Real Estate Finance
Distressed Debt & Real Estate Workouts
—Representation of an insurance company and a financial institution, as co-lenders, in the origination of the senior mortgage
loan portion of a $590 million financing secured by an office/retail condominium property located in New York City.
Education
George Washington Law School, J.D. (with honors)
University of Michigan Business School, B.B.A.
Admissions
Admitted to practice in New York.
—Representation of foreign bank in connection with its lease of approximately 135,000 square feet at 7 World Trade Center.
—Representation of a special servicer in connection with the workout of a defaulted $195 million securitized mortgage loan
secured by five furniture mart properties located in North Carolina, which included the appointment of a receiver and the
subsequent sale of such properties subject to the assumption of such securitized senior loan by the purchaser and the modification
thereof.
—Representation of a special servicer in the restructuring of a $120.5 million securitized mortgage loan secured by a shopping
mall located in Florida, which restructuring was comprised of a bifurcated note structure that included a “Hope Note” and a third
party mezzanine loan.
Publications
—Contributed to article “Understanding the Full Effects of the Interstate Land Sales Full Disclosure Act,” New York Real Estate
Journal, June 2008.
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Christopher Na
Christopher Na
Associate
437 Madison Avenue
New York, NY 10022
cna@nixonpeabody.com
212-940-3704
Services
Real Estate & Community Development
Education
Fordham University School of Law, J.D.
University of Chicago, B.A.
Admissions
Admitted to practice in New York.
Languages
German
Mandarin Chinese
Experience
Christopher Na practices in all areas of real estate, including acquisitions and sales of commercial office buildings; financings,
including complex, multilevel financings; and negotiation of commercial office and retail leases representing both landlords and
tenants.
Christopher was previously a summer associate with Nixon Peabody and, prior to law school, worked as a contracts specialist for
Raytheon Missile Systems. While attending law school, Christopher served as a notes and articles editor of the Fordham Urban
Law Journal and a staff member on the Fordham Moot Court Board. During law school, Christopher also worked as a legal intern
with the Port Authority of New York and New Jersey and the United States Attorney’s Office for the Eastern District of New York.
85
Gregory R. Nearpass
Experience
Gregory R. Nearpass
Associate
Gregory Nearpass has extensive experience advising clients regarding the use, sale, lease, purchase and development of
commercial real estate, including retail facilities, medical buildings, cell towers and specialty housing projects. He also represents
private sector clients before municipal boards in complex zoning and land use matters; and in proceedings and lawsuits involving
land use and zoning matters, the New York State Environmental Quality Review Act (SEQRA), condemnation proceedings and
landlord/tenant matters.
1300 Clinton Square
Rochester, NY 14604
gnearpass@nixonpeabody.com
585-263-1063
Mr. Nearpass’s practice also involves energy development, including the permitting and development of wind, solar, nuclear
power and oil and gas facilities, as well as providing advice regarding compliance with the regulatory framework for such
developments.
Services
Real Estate
— "Home Rule and Shale Gas Development: Perspectives," Association of Towns of the State of New York Annual Meeting, 21
February 2012. (Speaker)
Education
Albany Law School of Union University, J.D., magna cum laude
Hartwick College, B.A., magna cum laude
Admissions
Admitted to practice in New York.
Publications and presentations
— “Recent Developments in Oil and Gas Leasing: The Hydrofracking Debate,” NYSBA Hot Topics in Real Property Law and
Practice, March, 2010. (Speaker)
— “Condemnation Case Law Update,” MCBA, March, 2010. (Speaker)
— “Not So Risky Business: Constructing in the Face of a Lawsuit in the Retail Industry,” New York Real Estate Journal, June 26,
2007. (Author)
— “Knowing When to Ask: Unilateral Relocation of Easements,” New York Real Estate Journal, May 22, 2007. (Author)
Affiliations
Mr. Nearpass is a member of the New York State Bar Association and the Monroe County Bar Association.
86
Dara K. Newman
Dara K. Newman
Associate
100 Summer Street
Boston, MA 02110
dknewman@nixonpeabody.com
617-345-1079
Services
Real Estate
Education
Boston College Law School, J.D., cum laude
Haverford College, B.A.
Admissions
Admitted to practice law in the state of Massachusetts.
Experience
Dara K. Newman focuses her practice on all aspects of commercial real estate transactions, representing owners, investors and
developers in their acquisitions, sales, leasing, financing and development of commercial real estate.
Dara received a Certificate in Land Use & Environmental Law from Boston College Law School. While in law school, Dara was an
articles editor for the Boston College Environmental Affairs Law Review. She was also a board member of the Community
Economic Development Law Group and a founding member and participant in the Community Enterprise Clinical Program.
Prior to joining Nixon Peabody, Dara worked as a law clerk for Brennan, Dain, LeRay and Wiest, P.C., and as an intern for the
Honorable Judith Fabricant of the Massachusetts Superior Court. Dara was also a summer associate with Nixon Peabody in 2007.
Before law school, Dara was a Director of Program and Resource Development for ACCION USA, a national microfinance
organization.
Publications
—“Careers in Real Estate: Advice from Practitioners,” Urban Land Institute. (Panelist)
—If You Can’t Build It, They Won’t Come: Condominium Construction Moratoria and Gentrification,” Boston College
Environmental Affairs Law Review, Vol. 35, No. 3 (2008). (Author)
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Jonathan S. Penna
Experience
Jonathan S. Penna
Partner
1300 Clinton Square
Rochester, NY 14604
jpenna@nixonpeabody.com
585-263-1388
Services
Affordable Housing
Real Estate & Community Development
Real Estate Litigation
Education
State University of New York at Buffalo School of Law, J.D., cum
Jonathan Penna represents real estate investors and private equity funds in the acquisition, sale and financing of various types of
commercial real estate. He has represented borrowers on traditional construction, permanent and acquisition mortgage loans, as
well as bond financings.
Mr. Penna also represents municipalities, utility companies and other public institutions with respect to both single and multiparcel acquisitions of real property for various public improvement projects. These projects include natural gas pipelines, sewer
collection systems, waste water treatment plants, conference and convention centers and urban renewal projects.
Mr. Penna also has material experience in acquiring real property for institutions vested with the power of eminent domain and in
litigating the value of the real property acquired.
Mr. Penna’s valuation litigation and significant work with appraisers and other valuation experts also includes the representation
of parties on tax certiorari and other real property tax matters, including advising owners of commercial property, educational
institutions, hospitals and affordable housing developers on real property abatement programs and available exemptions.
Mr. Penna has represented tenants and landlords in commercial leasing transactions.
laude
Affiliations
laude
Mr. Penna is a member of the New York State and Monroe County Bar Associations, as well as the New York State Association for
Affordable Housing (NYSAFAH). He is the former chair of the Monroe County Committee on Tax Certiorari Condemnation and is a
former member of the Monroe County Bar Association’s Real Estate Council.
State University of New York at Binghamton, B.A., magna cum
Admissions
Admitted to practice in New York.
88
David Portal
Experience
David Portal practices in all areas of real estate, including acquisitions and sales of commercial office and mixed-use buildings;
financings, including complex, multilevel financings; negotiation of limited liability operating agreements and joint ventures; and
commercial office and retail leasing, representing both landlords and tenants.
David Portal
Partner
437 Madison Avenue
New York, NY 10022
dportal@nixonpeabody.com
212-940-3008
Services
Real Estate
Sports & Entertainment
Education
Fordham University School of Law, J.D., cum laude (Fordham
Law Review)
University of New York at Queens College, B.A., summa cum
laude
Admissions
Admitted to practice in New York.
Representative Experience
—Representation of The City University of New York (CUNY) in connection with the acquisition of a portion of a large
office building in Queens, New York, that was converted into a condominium for the relocation of its law school.
—Representation of a well-known New York developer in the purchase and finance of a mid-town mixed-use office and retail
building. The engagement included negotiating the purchase and sale agreement, reviewing and analyzing the existing space
leases and negotiating all of the loan documents.
—Representation of both underwriters of the National Football League’s New York Giants and New York Jets in the new
82,000-seat open-air stadium that is to be the home stadium for both teams.
—Representation of the New York City Industrial Development Agency in connection with the development, construction and
financing of two new baseball stadiums for Major League Baseball’s New York Mets and New York Yankees.
—Representation of JetBlue Airline in the leasing of its Terminal 5 at JFK International Airport in New York.
—Representation of JetBlue Airline in its terminal lease in Orlando, Florida.
—Representation of various individual and corporate investors and developers in purchase and financing of mixed-use
commercial and retail buildings in New York City and nationwide.
—Representation of Corporate Property Investors for all leasing transactions affecting the General Motors Building, 767 Fifth
Avenue, New York City.
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David Portal
David Portal (Continued)
Representative Transactions
— Representation of an investment brokerage house in connection with its leasing of
approximately 90,000 square feet of commercial space at 360 Madison Avenue in New
York City.
— Representation of a foreign bank in connection with its leasing of approximately 50,000
square feet of commercial space at 1185 Avenue of Americas in New York City.
— Representation of various law firms in connection with their leasing of office space in
leases ranging from 10,000 to 100,000 square feet.
— Representation of a foreign bank in connection with its lease of approximately 135,000
square feet at 7 World Trade Center.
— Representation of a major developer in the sale, financing, disposition and leasing of
buildings in New York City.
— Representation of not-for-profit entities in leasing and acquisition of real estate interests.
— David lectures and gives seminars at various institutions and on behalf of the New York
State Bar Association and for the Legal Aid Society on real estate matters.
— David has also been selected by his peers for inclusion in the New York Times
Magazine’s Super Lawyers 2007 and 2008.
Speaking Engagements
—“The Art of Subleasing: What Every General Counsel in New York City Should Know,”
presented as part of the Association of Corporate Counsel lecture series, March 12, 2009.
(speaker)
—“Legal Essentials of Commercial Leasing Workshop,” presented in cooperation with the
Legal Aid Society, 2008–2012. (speaker)
Affiliations
David is a member of the American, New York State, and New York City bar associations. He
also serves as president of a local temple, and is on the board of directors and board of
governance of a prominent college.
90
Edward Puerta
Experience
Edward Puerta
Associate
50 Jericho Quadrangle Suite 300
Jericho, NY 11753
epuerta@nixonpeabody.com
516-832-7547
Services
Real Estate
Education
Touro College Jacob D. Fuchsberg Law Center, J.D., summa cum
Edward Puerta concentrates his practice on commercial and industrial real estate transactions, including building, office and
warehouse leasing, the targeting, acquisition, sale and financing of property and complex development and renewal projects. Ed
represents clients in a variety of industries, including institutional owners of real estate and hospitals, medical groups and other
health care providers.
His experience includes guiding clients through the negotiation and development of real estate improvement projects for both
tenants and property owners. In addition, he has represented clients at hearings and proceedings before municipal boards and civil
courts throughout New York State on real estate related matters.
Ed is an active participant in Nixon Peabody’s firmwide "Legally Green®" initiative, which identifies opportunities for the firm’s
practices to participate in sustainable development and renewable energy projects, and prioritizes sustainability within the firm.
He has reviewed and written on the new “green” leases for both the Corporate Realty, Design & Management Institute (CRDMI)
and the Building Owners and Managers Association (BOMA).
His recent experiences include:
—Closing the acquisition of more than 200 owned and leased medical properties out of an ongoing bankruptcy proceeding.
laude
—Advising an institutional real estate investor on leasing, renovation and compliance issues for a 30+ story Manhattan office
tower.
Admissions
Admitted to practice in New York and the Eastern District of
New York.
—Counseling the largest fresh baked goods provider in the United States on the disposition of underutilized properties and
acquisition of new properties.
State University of New York College at Geneseo, B.A.,
—Negotiating long-term lease agreements on behalf of one of the largest landlord/developers on Long Island.
Affiliations
Ed is a member of the New York State Bar Association, the Nassau County Bar Association, the New York County Lawyer’s
Association and the American Bar Association.
91
Denise D. Pursley
Experience
Denise D. Pursley
Partner, Real Estate Practice Group Leader
50 Jericho Quadrangle Suite 300
Jericho, NY 11753
dpursley@nixonpeabody.com
516-832-7542
Services
Real Estate & Community Development
Energy
Education
New York Law School, J.D., magna cum laude (Editor, New York
Law School Law Review)
University of Florida, B.S. (recipient of Dean’s Cup for Service)
Admissions
Admitted to practice in the states of New York, New Jersey, and
Florida, and before the United States District Courts for the
Southern and Eastern Districts of New York, and the District of
New Jersey.
Denise Pursley leads Nixon Peabody’s Real Estate Group and advises on all aspects of real estate, environmental, finance and land
use law, with particular emphasis on commercial leasing, acquisition and disposition, mergers and acquisitions, energy and
environmental matters. Denise has developed a national real estate practice and represents institutional owners, investors, and
developers of office buildings, industrial buildings, retail centers and mixed-use projects across the nation.
Denise regularly negotiates the real estate, environmental and due diligence aspects of complex real estate and corporate
transactions nationwide. She has successfully closed on noteworthy properties such as federal Superfund sites, hazardous waste
storage facilities, former liquefied natural gas facilities and former defense manufacturing facilities.
Denise also advises on critical real estate and environmental issues associated with electric, gas and renewable energy projects,
and has represented project developers and equity investors in wind, solar and geothermal energy facilities throughout the
country.
Denise joined Nixon Peabody in 1991 after being associated with a prominent New Jersey law firm, where she practiced real
estate and environmental law, with particular emphasis on commercial leasing.
92
Denise D. Pursley
Denise D. Pursley (Continued)
Representative Energy Related Experience
Affiliations
—Represented major investment bank in tax equity investment of multi-state wind facilities
throughout the West and Midwest.
Ms. Pursley is the general counsel of the Long Island Housing Partnership, Inc. (LIHP), a
nationally recognized nonprofit corporation facilitating the development of affordable and
workforce housing on Long Island. She is an active member of several national and local
organizations, including CoreNet Global, the International Council of Shopping Centers (ICSC),
Women Economic Developers of Long Island (WEDLI), and the Association for a Better Long
Island (ABLI). As a leader in her field, Ms. Pursley has served as the Chairperson of the
Environmental Law Committee of the Nassau County Bar Association and is a member of the
New York and Florida State bar associations. She is a frequent presenter and author on timely
topics related to real estate, environmental and sustainable development.
—Represented major investment bank in tax equity investment in a geothermal power
facility in Arizona.
—Represented private utility company in the negotiation of an option agreement for 132
acres in the state of New York for the development of a 1,000 megawatt natural gas-fired
electric generation plant.
—Represented utility in negotiation of an underwater high voltage, direct current line and
fiber optic cable in Long Island Sound.
—Represented utility company in the sale of a former liquefied natural gas plant on Staten
Island for development as a NASCAR race track and shopping center.
—Represented natural gas company in real estate and condemnation work in connection
with gas pipeline expansion project in New York State.
—Represented energy joint venture in connection with local land use and real estate work for
a proposed underwater interstate natural gas pipeline intended to serve Long Island, New York
City, and Connecticut.
Denise D. Pursley
Denise D. Pursley (Continued)
Recognition
Ms. Pursley was recognized in the 2013 edition of The Legal 500: USA as a Leading Lawyer in
the Real Estate category. She has been recognized three times by the Long Island Business
News as one of Long Island’s Top 50 Most Influential Women in Business and is in the
program’s Hall of Fame. Ms. Pursley has been recognized as a rising star by Long Island
Business News as a recipient of their “40 Under 40” honor in 2000.
Ms. Pursley has been recognized for her exceptional standing in the legal community in the
area of Real Estate in the 2007, 2010, and 2011 editions of New York Super Lawyers Magazine
(Metro Edition).
93
94
Lenore Y. Reeves
Lenore Y. Reeves
Paralegal
437 Madison Avenue
New York, NY 10022
lreeves@nixonpeabody.com
212-940-3031
Experience
Services
Real Estate & Community Development and Affordable
Housing
Prior to joining Nixon Peabody, Lenore was a paralegal for Schulte Roth & Zabel, LLP, Clifford Chance LLP, Sullivan & Cromwell,
and Mayer Brown LLP, among other large law firms.
Education
Marymount Manhattan College, BA
Lenore Reeves has over 10 years of paralegal experience with a focus on real estate, restructuring, corporate transactions and
litigation.
95
Arthur J. Rosner
Experience
Arthur Rosner concentrates his practice on all phases of real estate, including representation of real estate development
companies and individuals engaged in real estate development as well as banks and other financial institutions involved in all
aspects of real estate finance, including lending and equity transactions.
Arthur J. Rosner
Partner
437 Madison Avenue
New York, NY 10022
arosner@nixonpeabody.com
212-940-3023
Mr. Rosner’s experience includes selection of the proper vehicle for real estate investments, including joint ventures, partnerships,
limited liability companies, corporations and trusts, acquisition and sale of commercial, hotel and residential properties,
commercial leasing of all types of property, defeasance and asset exchange transactions and real estate litigation. He also advises
in financing and lending relative to all aspects of real estate projects, sale and purchase of commercial mortgage loans and loan
portfolios, restructuring of real estate loans, including for special servicers and mortgage loan enforcement and foreclosures.
Mr. Rosner has extensive experience in creating special purpose entities and bankruptcy remote entities designed to meet the
requirements in securitized real estate financings.
Services
Representative Experience
Real Estate & Community Development
Real Estate
Real Estate Transactions & Development
Real Estate Finance
Urban Redevelopment
Distressed Debt & Real Estate Workouts
Infrastructure
Transportation Facilities
Power and Energy
—Represented Water Street Leasehold LLC, an affiliate of The William Kaufman Organization, in connection with the refinancing
of 77 Water Street in New York City. Representation involved negotiating a $45 million loan from The AXA Equitable Life
Insurance Company, as well as negotiations with The Goldman Sachs Group, Inc. (Goldman Sachs), to which the building is net
leased.
Education
Brooklyn Law School, J.D. (managing editor, Brooklyn Law Review)
Queens College of the City University of New York, B.A.
Admissions
Admitted to practice in New York and in the U.S. District Court for the
Southern and Eastern Districts of New York.
—Represented the owner of 777 Third Avenue, New York City, in connection with the negotiation of a lease of approximately
240,000 square feet (plus options for additional space) to Avon Products, Inc., the international cosmetics conglomerate.
—Represented the New York Economic Development Corporation in connection with the redevelopment of the Battery
Maritime Terminal in lower Manhattan, which involved the negotiation of multiple levels of ground and subleases and
recognition and non-disturbance agreements because of the historic rehabilitation tax credit structure of the transaction.
Representation also included the negotiation of a junior subleasehold mortgage and pledge of membership interests agreements
involving various limited liability companies in the chain of title in the structure, and the review of the senior loan documents
which were from an EB-5 lender, as well as an intercreditor agreement between the senior and junior creditors.
96
Kimberly A. Samuels
Kimberly A. Samuels
Paralegal
Experience
1300 Clinton Square
Rochester, NY 14604
ksamuels@nixonpeabody.com
585-263-1567
Kimberly Samuels has 29 years of experience as a paralegal. Kimberly's primary focus since joining the firm has been cell tower
citing, commercial and residential transactions involving representation of both seller and buyer, as well as a variety of other real
property matters.
Services
Real Estate and Community Development
Education
Rockland Community College, Paralegal Certificate
Ivy Mortgage, Princeton, New Jersey, Loan
Origination/Underwriting Certificate
Kimberly has a thorough knowledge of all aspects of title work and closing procedures. Prior to joining the firm, Kimberly focused
primarily on acquisitions and developments, stock and asset purchases, mergers, commercial and multifamily lending, leasing and
corporate matters. Kimberly's work background also includes experience in landlord and tenant matters, wills, trusts, estates,
bankruptcy, litigation, criminal law, negligence, family law, surety bonds and collections.
On many occasions, Kimberly has been called upon to speak at seminars and training sessions on a variety of topics. She has also
been involved in the training of junior attorneys and other paralegals in various matters.
Kimberly was named a final nominee in 2006 for the Rochester ACE Award.
97
Paul E. Schrier
Paul E. Schrier
Partner
One Embarcadero Center | Suite 1800
San Francisco, CA 94111 pschrier@nixonpeabody.com
415-984-8280
Services
Capital Markets & Real Estate Finance
Development, Construction & Land Use
Distressed Debt & Real Estate Workouts
Real Estate Acquisitions & Dispositions
Senior Housing & Care
Real Estate & Community Development
M&A and Corporate Transactions
Education
University of Santa Clara, J.D.
Brown University, B.A.
Admissions
Admitted to practice in the state of California.
Experience
As the consummate “deal lawyer,” Paul Schrier has been involved in numerous significant transactions spanning a diverse array
of industries in his career. His practice includes mergers and acquisitions, including cross-border transactions. He also has
considerable expertise in secured lending deals involving real estate and other asset-based financings and sophisticated loan
workouts; real estate acquisitions and dispositions of commercial, retail, industrial, and hotel properties; and multifamily and
commercial development projects, including ground leases and sale-leaseback transactions. Paul was also managing partner of
Nixon Peabody LLP’s San Francisco office from April 2007 to June 2013.
Paul serves as outside general counsel for many of his clients, advising them on a wide range of legal issues in addition to
transactions. From October 1990 to October 1991, Paul was on special assignment in Tokyo as a foreign associate with Mori Sogo
Law Offices (now known as Mori, Hamada & Matsumoto), one of the premier law firms in Japan.
Affiliations
As a member of the State Bar Association of California’s Real Estate Section, Mr. Schrier has been a speaker for continuing legal
education seminars concerning real estate joint ventures and other equity participations. During 1992 through April 1994, he was
a member of the Town of Tiburon Housing Committee, which is responsible for the formulation and implementation of Tiburon’s
low and moderate income and senior housing policies. In May 1994, the Tiburon Town Council appointed Mr. Schrier to the
Tiburon Planning Commission, where he served as chairman of the commission from 1996 to 1997.
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Alison Torbitt
Experience
Alison Torbitt
Associate
One Embarcadero Center | Suite 1800
San Francisco, CA 94111
atorbitt@nixonpeabody.com
415-984-8208
Services
Real Estate
Education
University of Oregon School of Law, Order of the Coif (1st in
class) (Editor-in-Chief, Western Environmental Law Update;
Associate Editor, Oregon Law Review; Environmental Fellow,
Oceans, Coasts, and Watersheds Project; First Place Champion,
Oregon Environmental Law Moot Court Competition;
Quarterfinalist, National Environmental Law Moot Court
Competition)
University of California, Santa Barbara, B.S. and B.A., both with
High Honors
University of Queensland, Australia, Marine biology research
program
Admissions
Alison is admitted to practice in California.
Alison Torbitt is a member of the firm’s Energy and Environmental practice groups, based in the San Francisco office. Her practice
focuses on all aspects of environmental counseling and compliance, consumer contract review, and a wide variety of general
commercial litigation matters. Alison has extensive experience with the consumer contractual requirements of renewable energy
contracts. Her knowledge brings both the transactional and the litigation perspective to each contract she reviews.
Alison also focuses on a variety of environmental and regulatory matters, including CERCLA, CEQA, the Clean Water Act and the
Safe Drinking Water Act, most recently representing a large winery in connection with such matters. She also provides counsel to
clients, including energy service providers and other market participants, in connection with regulatory issues relating to CAISO.
Alison is a LEED (Leadership in Energy and Environmental Design) Accredited Professional (LEED® AP) in Building Design and
Construction. She has extensive knowledge and experience in the green building sector. She is also an active member of Nixon
Peabody’s Legally Green team, helping both the law firm and clients create more sustainable business practices.
Prior to commencing law practice at Nixon Peabody, Alison was a legal research assistant for the Oregon Wave Energy Trust
(OWET), and previously was a law clerk in the U.S. Department of Justice, Environment and Natural Resource Division, in
Sacramento.
Alison graduated first in her law school class and is a member of the Order of the Coif. Before attending law school, Alison was
employed in private industry as an aquatic ecotoxicologist and regulatory compliance specialist in hazardous materials storage,
disposal, and transportation.
Affiliations
Queen’s Bench, Member, Business Development Committee.
LEED Accredited Professional (LEED® AP) in Building Design and Construction.
SV Forum, Member.
Alison Torbitt
Alison Torbitt (Continued)
Publications and Presentations
—“International and U.S. Regulation of Greenhouse Gas Emissions from Ships and Ports,”
International Journal of Marine and Coastal Law, September 2010 (co-author).
—Speaker, “International and U.S. Regulation of Greenhouse Gas Emissions from Ships and
Ports,” International Association for Environmental Studies and Sciences (AESS) Conference,
Portland, Oregon, June 2010.
—“The Smart Grid’s Privacy Implications,” Western Environmental Law Update, February
2010.
—“Implementing Corporate Climate Change Responsibility: Possible State Legislative and
SEC Responses to Climate Change through Corporate Law Reform,” Oregon Law Review,
2009.
—University of Oregon School of Law White Paper on “Federal Energy Policy and the
Congress,” The Hill, April 2009 (co-author).
—“Judicial Review Obstacles Facing Climate Change Litigation and How They Were
Overcome in Massachusetts v. EPA,” Western Environmental Law Update, February 2009.
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100
Justine E. Wilcox
Experience
Justine E. Wilcox
Justine Wilcox concentrates her practice on various aspects of real estate. Her practice includes the purchase, sale, construction,
and financing of real estate, individual assets and portfolio transactions. This transactional practice also focuses on sophisticated
aspects of financing including ground leases, mezzanine and bridge financings and tenant-in-common transactions. She has
experience in the acquisition, disposition and special servicing of mortgage loans as well as loan modifications, assumptions and
workouts. Ms. Wilcox’s skills also permit her to practice with the firm’s Affordable Housing and Syndication practices, providing
real estate and HUD support.
Partner
Among her engagements in recent years, Ms. Wilcox was responsible for the following:
401 Ninth Street NW | Suite 900
Washington, DC 20004 jwilcox@nixonpeabody.com
202-585-8745
—Team leader for the acquisition of a portfolio of properties, both conventionally financed and HUD-subsidized, as well as the
acquisition of stock in the company managing those properties.
Services
Capital Markets & Real Estate Finance
Distressed Debt & Real Estate Workouts
Leasing
Real Estate & Community Development
Real Estate Acquisitions & Dispositions
Student Housing
Sustainable Development
Education
Suffolk University Law School, J.D.
Goucher College, B.A.
Admissions
Admitted to practice in the District of Columbia and the
commonwealth of Massachusetts.
—Team leader in the acquisition and financing of real estate with sponsors on behalf of investors participating in like-kind
exchanges.
—Principal negotiator of acquisitions of asset classes including office buildings, apartment complexes, shopping centers, and golf
courses.
—Lead counsel in connection with the disposition of mortgage loans secured by residential, industrial, and construction
properties.
—Lead counsel in the acquisition of whole loans, participations, and servicing rights.
—Counsel to lenders and borrowers in connection with workouts and restructuring.
Ms. Wilcox joined Nixon Peabody in 1999, prior to which she was a partner in two other nationally prominent law firms active in
real estate law. Ms. Wilcox began her legal career as an attorney-advisor in the Office of General Counsel of the U.S. Department
of Housing and Urban Development and worked directly for the Government National Mortgage Association as a program
analyst.
Ms. Wilcox was a contributing author of The Art of M&A. She has been recognized for the third consecutive year for exceptional
standing in the legal community in Chambers USA: America’s Leading Lawyers for Business 2011 for real estate work. In 2011,
Ms. Wilcox was also named one of “Baltimore & Washington DC’s Top Lawyers” by The Washington Post.
101
Jeffrey G. Wright
Jeffrey G. Wright
Senior Counsel
1100 Clinton Square
Rochester, NY 14604
jwright@nixonpeabody.com
585-263-1323
Services
Real Estate
Business
Health Services
Education
Cornell Law School, J.D.
Harvard University, B.A.
Admissions
Admitted to practice in New York.
Experience
Jeffrey Wright is engaged primarily in general real estate work, particularly in matters relating to multifamily residential and
student housing, as well as commercial real estate development and financing. He has extensive experience in representing
health care institutions in connection with the planning, development, construction and financing of a variety of health and health
related facilities, including affordable housing projects, senior housing projects, assisted living facilities, continuing care retirement
communities, medical office buildings and parking garages. He also regularly represents underwriters and banks as providers of
credit enhancement in public financings of health care and senior housing facilities. In addition, he frequently represents both
institutional lenders and developers in construction and permanent financing of a wide variety of residential, commercial,
manufacturing, industrial, retail and office projects, with both conventional financing and tax-exempt bonds.
Mr. Wright has been actively involved in workouts and loan restructurings as counsel to both institutional lenders and developers
and has participated in mortgage consolidations and leveraged buyouts of corporate and partnership assets and in representing
developers in connection with the syndication of residential and commercial real estate.
Affiliations
New York State Bar Association (Real Property Section); Monroe County (New York) Bar Association.