Mr. Winnick is office managing partner of the firm's Boston Office and a partner in the firm's Real Estate and Corporate Practice Groups. He represents lenders in negotiating and documenting secured loan transactions including real estate loans, construction loans, private banking and asset-based loans, direct purchase public finance bonds, letters of credit, and participation and agency agreements. He is also experienced in complex real estate acquisitions and dispositions, commercial leasing, ownership structures, tax-deferred exchanges, loan restructuring, forbearance agreements, "workouts" and foreclosures. Mr. Winnick has extensive experience in property insurance matters including the handling of building, contents and business interruption claims and the determination of loss and damage through the Reference (arbitration) process.
Mr. Winnick's practice also focuses on general corporate matters and business transactions and he counsels his business clientele with respect to the acquisition and disposition of business assets, financing, real property, equipment leasing, contractual and employment matters and succession planning. In addition, Mr. Winnick maintains a significant automotive practice which includes the acquisition and/or sale of automotive dealerships and the financing thereof, property acquisition or associated leasing, manufacturers' agreements, control agreements, equipment leases and ownership structures.
Mr. Winnick was a former real estate instructor at Northeastern University, a guest lecturer on Insurance Risk and Claim Matters at Babson College and a guest lecturer to Banking and Lending Groups regarding "Insurance Considerations for the Lender." Mr. Winnick has been a Massachusetts Continuing Legal Education Program panelist and was a featured panelist at the "FirmFuture 2010: The Practice Management Conference in Boston."
Mr. Winnick was recognized as a Massachusetts Super Lawyer for 2004, 2005, 2006.
Memberships & Affiliations
Vice Chairman, Board of Trustees, Mount Ida College
American Bar Association
Massachusetts Bar Association
Boston Bar Association
Additional Experience
Member, United States Forest Service Review Commission, White Mountain National Forest, Loon Mountain Project
Appointee, Massachusetts Commission of Insurance, Third Referee (arbitrator) in insurance disputes
Numerous Referee (arbitrator) appointments with respect to property, contents or business interruption insurance valuation disputes
Former Executive Director, Massachusetts Association of Public Insurance Adjusters
Representative Matters
Major Regional and Community Banks
Ongoing representation of major regional and community banks as well as of financial institutions and corporate borrowers in a wide range of credit facilities including real estate acquisitions and construction loans, traditional commercial and industrial loans, letters of credit, asset-based financing, and intercreditor/agency agreements. Recent representation of a regional lender with respect to a $100,000,000 investment in a $400,000,000 loan syndication.
Utah Based Developer
Representation of Utah based developer in the acquisition of a 1650 acre New England ski area together with 18 hole golf course, other amenities and development rights. Acquisition by assignment of the first mortgage and notes from the existing mortgagee to effectuate the entire transaction.
Multi-State Tire Distributor
Representation of Seller in the sale of a multi-state tire distribution business including negotiation of asset purchase agreement, associated leases of seller's operating properties and related due diligence disclosures.
Franchise Automobile Dealerships
Ongoing representation of sellers and/or buyers in single or multiple franchise automobile dealership acquisitions and/or sales including negotiation of letters of intent, asset purchase agreements, associated real estate sales, leases (including options to purchase), and related financing transactions. Recent transactions include Mercedes Benz purchase, establishment of a new Nissan dealership and sales of Volkswagen, Kia and Nissan dealerships.
Publications
12/14/10, Transactional Potholes With Auto Dealerships
Burton Winnick
Law360
03/12/07, Insurance Coverage Update: "When Is an Additional Insured Not Insured At All?"
Burton Winnick
McCarter & English Alerts