Practice Areas & Industries: Hinckley, Allen & Snyder LLP


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Practice/Industry Group Overview

Hinckley, Allen & Snyder LLP is home to one of New England’s largest and most respected Real Estate law practices. Our team of over 25 attorneys and paralegals is nationally recognized for its superior quality of work and its ability to close the most complex transactions on time and within budget. We have repeatedly been recognized as one of the nation’s top real estate law firms, and many of our attorneys have been honored in publications including the Best Lawyers in America, SuperLawyers, and Chambers & Partners.


Services Available

Our attorneys offer a full spectrum of real estate services, including:

Acquisition & Disposition
The group has extensive experience in the purchase and sale of all types of real estate, including office buildings, regional malls, shopping centers, free-standing big box properties, mixed-use projects, apartments and condominiums, and continuing care and other assisted living properties. This work regularly includes single asset local transactions as well as large multi-property dispositions of retail, office, medical use and other assets. We also represent clients in acquiring distressed properties, resort and hotel projects, debt and other similar investment opportunities. We carefully evaluate each transaction in order to ensure that the most cost-effective approach is utilized.

Commercial Leasing
Members of the Real Estate group have extensive leasing expertise in all types of commercial lease transactions, including office, health, medical, retail, manufacturing, industrial and warehouse properties. The group pays particular attention to matching the sophistication of the documentation to the underlying nature of the lease transaction, thereby providing high efficiency and practicality.

Commercial Lease Litigation
Our group regularly assists our clients in commercial lease litigation, particularly on behalf of our landlord clients. We offer landlords a vigorous and proactive approach to litigation in order to achieve the most favorable result in the most cost-effective manner possible.

In conjunction with our Environmental practice, our real estate attorneys have extensive expertise in helping our clients anticipate and address the complex regulations and procedures that are often presented in a real estate project. Our environmental group uses its decades of experience in federal, state and local matters to solve our clients’ problems and to identify and minimize environmental risks. Our expertise allows us to anticipate environmental issues and help craft practical and cost-effective solutions.

Hotel & Hospitality
Our attorneys represent various players in the Hotel and Hospitality industry, including real estate developers, institutional lenders, hotel management companies, construction companies and resort developers. We are experienced in the negotiation of purchase and sale agreements, negotiation of construction and design-build contracts, performance of due diligence, obtaining zoning and other real estate permitting approvals, and financing of these transactions. In addition, the group provides, in conjunction with other departments at the firm, counsel on the unique management issues that our clients face, including union negotiation, liquor licenses, franchise agreements, membership agreements, operational licenses, leases, and other matters affecting the operation of hotels.

Green Law
Our Green Law practice has significant expertise in assisting our clients to advance their projects and business plans in environmentally responsible ways. From forming green technology ventures and accessing renewable energy tax credits, to writing green leases and complying with green building mandates, we assist clients across all business sectors in achieving their sustainable business strategies.

Land Use & Development
Our land use and development lawyers assist individuals and organizations in navigating the often complex issues involving zoning and planning approvals, permitting statutes and regulations that govern the development and use of real estate. We have extensive experience in dealing with municipalities and regulatory agencies in and around New England, including substantial participation as members and leaders of various local boards. Through this experience, we have developed relationships with other land use professionals who cooperate with us in navigating the maze of required hearings and approvals necessary to complete a successful development project. Our collaborative approach includes the following:

–  We combine the talent of our attorneys with the experience of engineers, architects and other consultants, to ensure that (a) all applications for permits and approvals are complete, accurate and filed in a timely manner, and (b) all presentations made on behalf of our clients are comprehensive and effective.

–  We oversee the permitting process from beginning to end, maintaining close contact with municipal and state officials throughout the process. As a result, we are able to anticipate problems, address concerns as they arise, develop unique solutions and avoid delays, which allows us to deliver favorable results to our clients.

–  We assist clients in negotiations with abutters and, when necessary, advise clients in the selection of public relations specialists.

–  Working with our land use litigators, we defend permits and approvals against legal challenges, when needed.

Real Estate Finance
A major focus of our group is the representation of financial service institutions. Our real estate finance lawyers have comprehensive experience in the preparation and negotiation of documentation for construction and permanent loans (including defeasance transactions related to permanent financings). This work includes the negotiation and documentation of loan transactions involving various types of equity participation, syndication of participations and securitization on behalf of lead lenders. Our attorneys utilize an inter-disciplinary approach in working closely with members of our bankruptcy, workout and creditors’ rights, and other departments, in order to provide the necessary level of experience and expertise for the specific transaction.

Our clients include national banks and other banking institutions, insurance companies and pension funds as well as a variety of non-bank financial institutions. We regularly handle the financing of premier office buildings and shopping centers, apartment complexes, healthcare facilities, hotels and resort communities, residential and office condominiums, regional malls, lifestyle centers, power centers, warehouses, industrial buildings, mixed-use developments and large-scale land acquisitions.

Real Estate for Healthcare & Educational Institutions
The real estate group, in conjunction with the healthcare and corporate practice groups, provides a wide array of real estate services to the numerous healthcare and educational institutions which are clients of the firm. These services include leasing, permitting, tax abatements, finance, and property acquisitions and dispositions.

Real Estate Tax Abatement
Our group has expertise in assisting our commercial real estate clients with tax abatement and related matters in connection with all types of real estate properties, including office buildings, shopping centers, apartment buildings, hospitals, assisted living facilities and other commercial properties. We take pride in assisting our clients in achieving a cost-effective and practical solution.

Hinckley, Allen & Snyder has recently obtained some significant tax abatements for our clients.

The Retail practice in our real estate group provides the full spectrum of services to retail developers, tenants, property owners, lenders and investors. We represent clients in all phases of the retail development process, including the negotiation of site control, acquisition and disposition, land use and other due diligence and site development work (including cross-easement agreements and site development agreements), and negotiation and execution of ground leases and build-to-suit leases, as well as the negotiation of construction contract documentation, construction financing and permanent financing. During the development process, our attorneys are able to anticipate the requirements of lenders, which expedites the closing of both construction loans and permanent financing loans.

Multi-Family & Condominiums
Our group represents national multi-family developers in all their legal requirements ranging from acquisition of property through financing, management, leasing and disposition. We also have extensive experience in a wide range of condominium projects, including commercial and multi-use condominiums and projects involving resort communities.

Sale Leaseback
The firm has completed approximately $1,000,000,000 in sale leaseback transactions over the past few years, which included a 239-property portfolio transaction involving properties in 11 states. We also handle stand-alone sale leasebacks and lease-leaseback transactions for numerous clients. Our experienced team of attorneys frequently represents credit tenants, lenders and equity participants in these complicated transactions. We often utilize a sophisticated, secure extranet portal that allows for paperless interaction by all parties to a transaction throughout due diligence, bidding, contract negotiation and financing.

Workouts, Restructurings and Bankruptcy
Our attorneys, in conjunction with the firm’s Bankruptcy group, represent clients in a variety of transactions, including:

–  The purchase of properties at a bankruptcy, receiver, foreclosure or other distress sale

–  Loan workouts

–  The exercise of lender remedies

Who We Serve
For over 100 years, we have been representing developers, corporations, pension funds, investment funds, healthcare and educational institutions, restaurants, hotels, landlords, tenants, lenders, and borrowers in some of the region’s largest and most complex real estate transactions. In addition to local and regional clients, we represent several national real estate developers and Fortune 500 companies with real estate projects throughout the country.

Real Estate Developers, Owners and Managers
Our group represents local and regional real estate developers, owners and managers in a variety of transactions. Our services span the full spectrum of the development and entitlement process, including obtaining the approvals for the development of shopping centers, power centers, free-standing big box and other retail projects, office buildings, medical and laboratory buildings, apartments and other residential projects, continuing care, assisted living and other similar facilities, and hotels, hospitality and other resort properties. We represent owners, developers, and investors in evaluating opportunities, performing necessary due diligence, negotiating leases, and closing the acquisitions and sales of investment properties. We also represent owners and developers in connection with construction and permanent financing, construction contact documentation, property management and brokerage agreements, and landlord/tenant matters.

Our group represents local, regional and national retail tenants, including a national pharmacy chain in retail development projects throughout the United States, including site acquisition and development as well as ground lease and other related lease documentation. We also represent regional office, restaurant, health club, medical, and other clients leasing commercial properties throughout New England. Our representation of tenant clients covers the full spectrum of real estate services.

Banks and Other Financial Institutions
Our group has extensive expertise in representing national and other banks, insurance companies and pension funds, non-bank financial institutions and other lending institutions in a wide range of loan transactions including the financing of signature office buildings and shopping centers, apartment complexes, healthcare facilities, hotels and other resort properties, residential and office condominiums, shopping centers, mixed-use developments and other projects. We provide the full scope of financial transaction services to our clients, including the preparation and negotiation of loan documentation, due diligence and closing of the transaction, workouts and foreclosures.

Corporate and Healthcare Businesses
In conjunction with our Corporate and Healthcare practices, we provide the full scope of real estate services, including commercial leasing, real estate purchase and sale, financing transactions, construction contract documentation, land use, property management, tax abatements and other related services.

Our group regularly represents buyers, sellers and operators of restaurants throughout New England. We represent the sellers of individual restaurants as well as large chains of restaurants, including the transfer of liquor licenses, permits and related matters.

National Real Estate Private Equity Firms
Our clients include private equity firms who are actively buying, selling, financing and leasing high-end real estate projects in Boston and throughout the Northeast. Our work for some of our clients includes buying loans and holding or repackaging them. We understand the unique requirements that these clients must address for their transactions.

Hotel Owners
Our work includes the buying and selling of hotels, including the financing, franchising, leasing, management and permitting of such hotels.

Our Experience
Below is a small sampling of the Real Estate group’s recent engagements:

–  National Real Estate Investment Fund – We have represented National Real Estate Investment Funds in the acquisition and financing of over 1.8 million square feet of commercial office properties. We have represented a client in the development of $75,000,000 of multi-family transactions located in New England and the South.

–  Regional Shopping Center Developer – We represented a client in the development of a 630,000 sq. ft. regional power center in northern Rhode Island. Our responsibilities included the purchase and sale phase, all development phases, and the negotiation of leases for all tenants, including Wal-Mart and other national retailers.

–  National Lender– We represented the lead lender in connection with a syndicated $80,000,000 unsecured credit facility for a real estate investment fund.

–  Multi-Family Properties – We represented the developer in one of the largest multi-family property transactions in New England's history.

–  Nationally Branded Hotel – We represented the buyer in connection with the acquisition, renovation, and financing of over 3,000 nationally branded hotel rooms in transactions aggregating more than $200,000,000.

–  National Restaurant Operator – We represented a national restaurant owner/operator in the successful disposition of a large portfolio of restaurants.

–  National Developer – We represented a national developer in the sale and disposition of a portfolio of signature shopping centers located throughout New England.

–  Sale/Leaseback Clients – We represented a seller/tenant in approximately $1,000,000,000 in sale/leaseback transactions over the past few years, including a recent 239-property portfolio transaction involving properties in 11 states, and a 160-property portfolio transaction involving properties in 12 states.

–  Mixed Use Developers – We represented a developer on land use and permitting matters in connection with a 270,000 square foot mixed-use development.