Practice/Industry Group Overview
High value real estate litigation requires experienced professionals who understand sophisticated deal, financing and ownership structures and the unique rules and regulations that apply to real estate and secured transactions in order to help clients achieve their objectives in the most efficient manner possible. That is why when our clients require such real estate litigation services, they turn to GT’s national Real Estate Litigation Practice, comprised of trial lawyers who have devoted their careers to handling real estate-related litigation on a recurring basis.
A Multidisciplinary Approach
GT offers clients an integrated, business-minded approach to proactively address their legal needs. With real estate litigators based in GT offices across the country, we can provide consistent, cost-effective representation in multiple jurisdictions, helping to reduce the need for local counsel.
Whether our clients are seeking to ensure adequate security, restructure financial obligations, recover secured or unsecured assets, modify the relationship of debt and equity, manage and enhance assets, or acquire new assets at adjusted cost basis, we have the skill set, experience, and access to legal resources necessary to help our clients maximize their opportunities and avoid unnecessary risks.
Efficiency is further enhanced through our strategic approach to client problem solving. Along with our team’s real estate litigation experience, we regularly collaborate with GT’s national Real Estate Practice. Other dedicated GT resources upon which we draw include GT’s practice groups focused on ADA; Business Reorganization & Financial Restructuring; Construction Litigation; Environmental; Financial Institutions; Governmental Affairs; Government Contracts; Government Litigation; Green Building & Sustainable Development; Hotel, Club & Resort; Land Development; Public Finance; REITs; Retail; Real Estate Operations; Corporate & Securities; Structured Finance & Derivatives; and Subprime & Mortgage Markets.
Members of GT’s Real Estate Litigation Group have substantive experience in almost every facet of real estate related litigation, and represent clients in virtually every type of forum, including state and federal courts, arbitral organizations and other alternative dispute resolution arenas, as well as before administrative agencies such as the U.S. Environmental Protection Agency (USEPA) and other federal and state agencies. This wide-ranging experience also enables us to provide knowledgeable assessments of the active members of the judiciary, arbitrators and mediators before whom matters may be brought and heard.
Breadth of Experience
Our real estate litigators routinely represent owners, developers, secured lenders, loan participants, governmental entities, bondholders, borrowers, landlords, tenants and other clients in disputes involving:
- Purchase/sale contracts and options, including acquisition, post-closing adjustment, specific performance and escrow matters, as well as rescission and other fraud/mistake claims
- Secured loans, including foreclosure, receivership, guaranty enforcement and disbursement issues, as well as lender liability and bad faith claims
- Loan participations and other co-ownership arrangements, including inter-creditor agreement and agent disputes
- Public financing of, and public-private partnerships relating to, infrastructure, low-income housing, and other governmentally supported projects
- Management and operating agreements, including resort, hotel and shopping center operator issues, as well as common area maintenance and other reconciliation issues
- Ownership structures, including partnership, limited liability company and percentage disputes, such as dissolution, participation rights, termination and dilution (squeeze down or out) issues
- Title matters, including bona fide purchaser/encumbrancer status, lien and ownership priority, easement rights, mechanic’s lien rights, adverse possession and other prescriptive rights, and accretion/erosion issues
- Commercial leases, including eviction and forcible detainer actions, and rights of first refusal matters
- Major construction disputes, including subsidence, excavation, general contractor and subcontractor disputes
- Entitlement and other development matters, including NEPA and CEQA matters such as those involving the sufficiency of environmental impact reports (EIRs)
- Low-income housing requirements, including Section 8 and other HUD-type disputes
- USEPA Superfund claims, similar state Superfund claims, other governmental enforcement actions, and private environmental cost recovery disputes
- Eminent domain disputes, including litigation regarding fair market value, right to take disputes, urban redevelopment issues and relocation.
This multidisciplinary approach and broad experience translates into efficient and highly effective handling of clients' real estate issues and disputes before, during, and after they result in litigation or other formal dispute resolution. At GT, clients have their real estate litigation needs met by experienced real estate litigators, not generalists, who know the industry, understand the client's business goals, and have the ability and judgment to address appropriately virtually every type of dispute in forums across the nation.