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Practice/Industry Group Overview
At Bingham McCutchen we never forget that legal documents and requirements are not an end in themselves, but merely a means to accomplish our clients' business objectives. We are a transaction-based practice, with the knowledge, judgment and experience to get your deals closed advantageously and efficiently.
Bingham McCutchen's Real Estate Group offers:
Legal insight to advance your business interests. Comprehensive real estate capabilities for institutional investors, lenders, developers and merchant builders, backed by the judgment, confidence and knowledge that only come from being in the markets-both real estate and capital-on a daily basis.
Focused strengths. Lawyers who span virtually every area of the real estate practice: from buying, selling, leasing and financing, to complex securitization, REIT and joint venture structures.
A pragmatic approach. The experience to focus on and give priority to the important business and legal elements of a transaction -- those that will further your strategic objectives, enhance your returns and minimize your risks.
Foresight and innovation. The ability to anticipate the "hot buttons" in a negotiation and to map the shortest route to closing, to design financing and ownership structures that achieve complex, multiparty objectives, and to identify creative solutions to tax, securities and regulatory issues.
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Services Available
Our Real Estate Group includes approximately 50 attorneys engaged in the full range of sophisticated commercial real estate transactions: acquisitions, dispositions, development, financings, restructurings, workouts and foreclosures, joint ventures, leasing, environmental, zoning and land use, tax, securities and litigation.
Our experience spans a broad spectrum of property types, including office buildings, apartments, industrial and warehouse facilities, hotels, shopping centers, strip malls, sports arenas, restaurants, entertainment facilities, affordable housing, hospitals, medical facilities, assisted living projects, resort facilities, condominium and timeshare projects, landfills, energy and other utility projects.
Acquisitions and Dispositions
We represent developers, pension fund advisors, banks, corporations, governmental entities and others in the acquisition, development and disposition of real estate across the country. In addition to the acquisition and sale of real property, we work with clients in evaluating and consummating transactions involving the purchase or sale of multi-asset portfolios.
Project Development and Construction
We take clients through the entire development process -- from land acquisition to rezoning, to permitting. Numerous developers retain us to assist them in the full-scale development and redevelopment of office buildings, industrial properties, residential developments and apartment buildings.
Construction
We represent developers and other land owners on a national and international basis in connection with all aspects of the construction process -- often involving large-scale developments and rehabilitations. Our projects have included the representation of prominent developers in ground-up constructions and major renovations of office towers, residential complexes, hotels, manufacturing and warehouse facilities, as well as numerous projects for not-for-profit organizations.
Land Use
Our attorneys counsel clients on land use matters, including subdivision matters, planning and zoning issues, and governmental exactions during the development process. Our land use attorneys frequently assist with documentation of complex project approvals and development agreements, and we serve as special counsel to a number of local governments in the revision of their general and specific plans, zoning, and subdivision ordinances.
Joint Ventures
We are actively engaged in creating and negotiating joint ventures between owners and investors to facilitate real property development. We represent both developers seeking institutional joint venture financing, and institutions seeking local partners.
Lending
We represent lenders in connection with commercial real estate mortgage loans. Our mortgage lending practice encompasses a wide variety of assets, including office, multi-family housing, retail, lodging, industrial and health care facilities, timeshare properties, and unimproved land. We handle mortgage loans for some of the largest banks, life insurance companies, savings and loan associations, pension funds and others on a national basis, and we are called upon frequently to address the complexities involved in multi-jurisdictional secured lending.
Financing
We represent developers, investors and other property owners, including pension funds, Fortune 500 companies, and real estate families in the financing and refinancing their real estate.
Leasing
We represent both landlords and tenants in the leasing of real estate properties of all kinds, including complex special purpose projects. In particular, we represent landlords in the leasing of large multi-tenant metropolitan area office buildings and other commercial and industrial properties. In addition, we represent a broad range of corporate clients in their lease negotiations and other transactions with landlords.
Workouts
Our institutional clients routinely turn to us for advice on developing strategies for problem mortgage loans and other distressed real estate transactions. We are particularly skilled in multi-jurisdictional real estate workouts and have had significant involvement in negotiating and implementing reorganization plans for troubled real estate projects.
Residential Developments
We represent a number of developers and builders with their newly constructed projects ranging from small subdivisions to major planned residential communities. We are also involved in other projects, including cooperatives and condominiums, rehabilitation properties and occupied buildings. We have also structured offerings for golf course developments and memberships for U.S., British and Japanese clients.
Environmental
Our group includes lawyers experienced in dealing with environmental regulation matters that present pervasive issues in real estate transactions, including legislative and regulatory developments at the local, state, federal and international levels.
Litigation
While the emphasis of the Real Estate Group is on transactional and planning matters, it is backed up by a strong litigation department with a nationwide practice which has extensive experience in the resolution of disputes involving real estate, creditors rights, environmental and permitting matters. In addition to proceedings in federal and state courts, the group is experienced in arbitration, mediation and other forms of alternative dispute resolution.
Tax
We provide tax planning advice to real estate-related entities, and their partners, shareholders and members. We are familiar with the numerous tax issues which arise as part of almost every real estate transaction, including those dealing with internal tax structuring, allocations of gains and losses, ERISA, unrelated business taxable income and other issues relevant to pension funds and tax exempt investors. We also regularly address incentive compensation programs, spin-offs of various entities, a variety of equity financings, joint ventures and deal structuring issues.
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Clients:
Bank of America , Fleet National Bank , Citizens Bank , JP Morgan Chase, AMLI Residential Properties , Avonridge, Incorporated , Brighenti Enterprises, Capital Properties, City of Bristol, Connecticut , CORT Furniture Rentals, First American Title Insurance Corporation , HRW Resources , Jones Apparel Group, Kruse International , Los Angeles County Employees Retirement Association , New England Patriots, Northland Investment Corp. , Royce Properties , The Finch Group, UBS AG, Wells Fargo, Saunders Hotel Group, Ltd., Edward A. Fish Associates , Harvard University , Papa Gino's, Inc. , Boston Scientific Corporation , the Raytheon Company , Berkeley Investments , Berkshire Income Realty, Inc.
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