Practice Areas & Industries: Winston & Strawn LLP

Practice/Industry Group Overview

Winston & Strawn has long and extensive experience representing clients involved in real estate-related bankruptcy, workout, and restructuring matters for projects of all types, including office buildings and complexes, residential single- and multi-family developments, shopping centers, and specialty projects such as hotels, casinos, and health care and other single-use facilities.  We have extensive experience with “down market” situations from both the lender and borrower perspective. We have been involved in a substantial number of workouts at the property and entity levels, bankruptcies, and foreclosures, and have counseled clients in restructurings affecting a wide variety of asset types.

Representative Matters

General Electric Capital Corporation v. Future Media Productions, Inc.
General Electric Capital Corporation
On July 3, 2008, Winston & Strawn won a Ninth Circuit appeal for GE Capital, reversing a loss at trial, in which GE Capital had been represented by another firm. The case involved whether GE Capital could collect default interest on a secured loan from a debtor in Chapter 11 where its collateral was sold and its claim paid outside a plan of reorganization. This was a significant case for GE Capital, which decided to try to make new law favorable to lenders, and took the appeal from the Bankruptcy Court directly to the Ninth Circuit. The Ninth Circuit adopted a new rule, holding that secured lenders like GE Capital can collect default interest where such interest is enforceable under the contract and governing state law and where the collateral is sold outside a Chapter 11 plan.
 
Environmental Due Diligence
Winston & Strawn attorneys frequently assist clients with the environmental aspects of mergers, acquisitions, joint ventures, leases, construction, financings, reorganizations, and securities offerings.      
 
REIT Transactions
We have extensive experience with REIT transactions, including private placements, securitization, equity offerings, recapitalizations, asset purchase and dispositions, Section 1031 exchanges, and mergers and acquisitions. 
 
Sale of Real Estate Parcel
New York College of Podiatric Medicine
Winston & Strawn represented the New York College of Podiatric Medicine in the sale of a major parcel of real estate to a major real estate investment trust.
 
Ambulatory Care Building at 70th and York
Cornell University
Winston & Strawn represented Cornell University in connection with a new ambulatory care building at 70th and York in New York City. We assisted with drafting and negotiating an agreement between all the parties, a series of collateral agreements, modifications to the existing Zoning Lot Declaration Agreement (ZLDA), and waiver and consent documents to permit our client to construct the building in the configuration it required.
 
Roosevelt Island Residential and Ambulatory Facilities
Cornell University and the Weill Cornell Medical College
Winston attorneys represented Cornell University and the Weill Cornell Medical College in connection with the leasing and construction of a new high-rise residential building and an ambulatory care building, both located on Roosevelt Island in New York City.
 
Appellate Cases - Real Estate and Construction Our attorneys have handled appeals involving a variety of legal issues, including those related to the real estate and construction industries.