Real Estate

See the Big Picture.
Real estate plays a major role in the life of your business. Whether or not real estate is your core business, it’s the location where your team makes it all happen, and is a vital component of your operation. It takes time, energy, and resources to manage.

Mintz Levin has represented clients in sophisticated, large-scale real estate, acquisition, disposition, development, financing, and leasing transactions for over 25 years. We combine professional skill with practical judgment and political acumen to advance clients' real estate interests. We take a multidisciplinary approach to solving your business issues, calling upon attorneys and resources from other practice areas within the firm as necessary. Those practice areas may include tax, environmental, communications, health law, life sciences (biotechnology), energy and clean technology, and corporate.

Focused Service, Broad Expertise
Principal areas in which Mintz Levin provides real estate representation include, but are not limited to:

  • Acquisitions and Dispositions
     
  • Affordable Housing
     
  • Biotechnology Facilities
     
  • Communications Industry Expertise
     
  • Environmental Litigation
     
  • Golf Course and Resort Projects
     
  • Hotel Developments
     
  • Institutional Lending and Workouts
     
  • Leading and Project Operations
     
  • Leasing
     
  • Project Development
     
  • Regulatory Compliance
     
  • Sale/leasebacks
     
  • Securitization/REITs
     
  • Senior Living
     
  • Tax Appeals

With nearly 45 attorneys and senior professionals, our extensive real estate experience includes analyzing and structuring complex deals, coordinating projects of significant scope and complexity, providing strong negotiation throughout the acquisition, disposition, and development process, plus a range of other real estate matters and transactions throughout the US and internationally.

We represent owners, developers, lenders, tenants and landlords, as well as investors in and users of:

  • Commercial and residential properties, including office and industrial buildings, multi-family communities, shopping centers and other retail projects
     
  • Congregate, assisted-living, and continuing care retirement communities
     
  • Energy and clean technology sites
     
  • Hospitals, nursing homes and other healthcare facilities
     
  • Hotels
     
  • Industrial and research and development (R&D) facilities
     
  • Recreational communities and large scale golf course and country club facilities
     
  • Residential rental and condominium properties, including so-called “40B” developments.
     
  • Technology-oriented properties such as biotechnology, laboratory, R&D, and telecommunications facilities

Mintz Levin’s real estate clients include “core-plus” and “value-add” real estate funds, public agencies, developers, syndicators, and financial institutions involved in the development, financing, and ownership of all real estate asset classes of multifamily housing. We represent developers of major urban mixed-use projects, large regional shopping malls and retail “power” centers, and public and private corporations with facilities around the world. In addition, we represent telecommunications service providers and building owners in leasing, licensing, and related transactions.

Representative Real Estate Experience
Case Example A:
CVS
The example of Mintz Levin’s work with CVS aptly illustrates the breadth of skills we bring to our clients. Over the past several years, Mintz Levin has served as national counsel on all of CVS’ complex sale leaseback transactions, involving over 2,000 retail properties located in 30 states around the country with an aggregate value in excess of $7 billion. Our sale leaseback team is comprised of ten real estate and environmental partners, associates, and paraprofessionals. We have also served as national coordinating counsel for CVS on hundreds of real estate acquisitions across the country. We call upon the combined resources of our 50-person real estate and environmental department, as well as the firm’s tax lawyers, commercial lawyers, and securities lawyers when the need arises.
 

Case Example B:
Manulife Financial
Our Mintz Levin/ML Strategies team worked successfully with Canada-based Manulife Financial to develop, obtain permits for, and construct its US operations headquarters, a 470,000 sq. ft. complex on a ground lease with the Massachusetts Port Authority (Massport) in the Seaport District of Boston. The project required city, state, and federal approvals, and due to its proximity to Logan International Airport, issues related to funding for the adjacent roadway system, and to environmental and general development and permitting issues, the project required the approval of the FAA, the State and Federal Highway Administration, CA/T, the MBTA, the Massachusetts Turnpike Authority, the Massachusetts Housing Department, DEP, and other state and city regulatory agencies. In addition, our attorneys negotiated complex agreements with the MBTA to address the Silver Line, which runs through the building.

Case Example C:
Battery Wharf
Mintz Levin/ML Strategies represented our client in connection with the acquisition of a partially-permitted mixed-use 150 room hotel, 100 unit residential condominium, and retail and parking garage project on Battery Wharf in Boston’s North End. The team successfully strategized to maintain the validity of various permits set to expire, and to amend the Chapter 91 License to restructure the development program into a financially feasible project. In addition, we negotiated the hotel management contract, the construction contract, and advised on community benefits. Our attorneys and consultants also handled a complex three-tier financing and developed a unique condominium structure to permit “sale” of parking spaces in a precedent-setting deal in Massachusetts. The project is currently under construction.

Public Sector Experience in Institutional Master Planning

ML attorneys and ML Strategies consultants have senior-level public management experience in large, complex master planning projects. A representative list of institutions/projects includes:
 

  • Boston Convention and Exposition Center
     
  • Boston Marine Industrial Park
     
  • Boston Municipal Harbor Plan
     
  • Boston University
     
  • Central Artery Tunnel
     
  • Charlestown Navy Yard
     
  • Genzyme Corporation
     
  • Harvard Medical School
     
  • Logan Airport
     
  • Longwood Medical Area
     
  • Massachusetts General Hospital
     
  • Mass Highway
     
  • MBTA Transit Oriented Development
     
  • Northeastern University
     
  • Route 128 Intermodal Station
     
  • TD Bank North Garden (formerly Fleet Center)

Major Ground-Up Commercial Developments
Developer/User Representation

  • Cambridge Center, Cambridge, MA - Multi-phased 2,500,000 sq.ft. mixed-use office/R&D/hotel/retail
  • 9/90 Crossing, Framingham, MA - Multi-phased 1,400,000 sq.ft. office/R&D
  • 599 Lexington Avenue, New York, NY - 1,100,000 sq.ft. office
  • Exchange Place, Boston, MA - 1,100,000 sq.ft. office
  • Biogen Facility, Cambridge, MA - Multi-phased 650,000 sq. ft. office/R&D campus
  • Silver City Galleria, Taunton, MA - 1,100,000 sq.ft. regional shopping center
  • Devonshire Towers, Boston, MA - 40-story mixed-use office/residential
  • Medical City, Worcester, MA - Mixed-use hospital/clinic/offices
     
  • Gateway Shopping Center, Everett, MA - 640,000 sq.ft. retail power center
  • Berkshire Mall, Lanesboro, MA - Regional shopping center
  • Independence Mall, Kingston, MA - Regional shopping center

ML Strategies, LLC
Mintz Levin’s consulting affiliate, ML Strategies, LLC, works closely with our real estate professionals to provide strategic planning and professional services in government, community and media relations, crisis communications, and on environmental and healthcare issues. Collaborative teams of attorneys and the professionals of ML Strategies afford clients a breadth of integrated experience not traditionally available from a single law firm. In short, ML Strategies is unique and offers our clients a competitive edge. From offices in Boston and Washington, D.C., MLS is a specialized consulting firm—staffed by senior-level team members—that helps clients deal with complexity, provides informed stewardship, anticipates potential areas of vulnerability, manages fallout, and builds constituency.

Subprime Practice Group Formed
Responding to an increasing demand from clients seeking guidance on the legal complexities associated with the collapse of the subprime lending market, Mintz Levin has formed a dedicated Subprime Practice Group. The group taps into the expertise of more than two dozen attorneys across multiple offices and practice areas including litigation, securities, bankruptcy and restructuring, structured finance, governmental investigations, insurance coverage, white collar crime, and real estate.

Fallout from the collapse of the subprime market is becoming increasingly widespread and the reverberations will continue to be felt for some time. From investigations by government authorities to claims against directors and officers to bankruptcy, the firm has already seen a growing demand from businesses and individuals seeking advice related to a range of complex issues stemming from the situation. By forming a dedicated subprime practice group, Mintz Levin brings to bear the deep expertise of attorneys from across the firm to serve clients with a coordinated, multi-disciplinary approach.
 

Representative Pro Bono Work

  • The firm's close partnership with the Mississippi Center for Justice continued into its third year after Hurricane Katrina hit the Gulf Coast. Mintz Levin attorneys from various offices contributed to the firm's wide scope of work in Mississippi. Our attorneys assisted with foreclosure issues, provided strategic advice concerning Mississippi's disbursement of the post-Katrina federal housing assistance, and handled FEMA appeals.
     
  • Mintz Levin has served the tenants association of Tivoli Towers, a housing complex in Brooklyn, NY, as pro bono legal counsel for over two years, working to ameliorate poor living conditions and improve the run-down apartment complex. The firm has been successful in obtaining a financial review of the landlords books and records to make sure that funds obtained from recent rent increases are used for improvements to Tivoli Towers and not to the landlord’s other properties. In addition, when a recent robbery occurred at the complex, Mintz Levin attorneys notified the landlord and obtained improved security in the building.
     
  • In a Massachusetts Supreme Judicial Court (SJC) case, Mintz Levin attorneys authored an amicus curiae brief on behalf of the Citizens Housing and Planning Association, MassHousing, and the Massachusetts Housing Partnership—three leading organizations devoted to the construction and financing of affordable housing in MA. The case was important to the entire affordable housing community due to its implications for the subsidy programs under which such housing in MA is most commonly financed. A victory by the municipality would have thrown the status of 14,000+ subsidized units into doubt while eliminating the principal funding source for pending and future Chapter 40B projects, thereby drastically reducing subsidized housing production statewide. On July 20, 2007, the SJC issued a decision that not only rejected the town’s argument but, as requested by Mintz Levin, also rejected language in the Appeals Court’s decision that had construed quite narrowly what constitutes a valid Chapter 40B subsidy in general.

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Diversity

Our attorneys and staff may come from many ethnic, religious, and social backgrounds, but when it comes to pursuing success for our clients and ourselves, we are cut from the same cloth. We know overcoming challenges, both legal and professional, takes dedication and support from our colleagues.

 

Founded in 1933, when it was almost impossible for a diverse attorney to thrive at one of Boston’s larger law offices, Mintz Levin was established by two young Jewish attorneys who knew how it felt to be excluded. The firm’s commitment to diversity is a natural outgrowth of their struggle to carve out a more inclusive professional path -- a history that helps explain our dedication to celebrating the differences that create a vibrant and welcoming atmosphere in which to practice law.

My father and his partners were committed to building a firm that was inclusive and progressive in terms of its approach to diversity. He often reminded me that as an immigrant child from the age of six, he had benefited from opportunities, and that it was his joyful duty ‘to give back.’

— Richard Mintz (1921 – 2011)

We strive to support diverse attorneys and have formal and informal mentoring programs to help diverse attorneys succeed. Mintz Levin’s Professional Development programs support the professional growth of our attorneys, with specific programs for women and minority attorneys.

 

Mintz Levin is a demonstrated leader in promoting the rights of women, people of color, and the LGBT community. Our core values spell out our goal of creating a vibrant and welcoming atmosphere in which to practice law or work in the legal profession.

 

Quick Facts

  • Women lead numerous practices at Mintz Levin.
  • Nearly half of the attorneys at the firm are women.
  • Percentages of women Members and Associates at the firm exceed the NALP average for firms of a similar size.
  • In 1993 — a decade before it was mandated by the legislature — the firm was one of the first to offer health benefits for same-sex domestic partners.
  • In 1986, two Mintz Levin partners were instrumental in creating the Boston Lawyers Group (BLG), a nonprofit organization founded by a consortium of major Boston firms committed to improving the hiring and retention of lawyers of color.

Rankings & Recognitions

  • Gold Standard Certification from Women in Law Empowerment Forum
  • Top Ten Family Friendly Firms by the Yale Law Women
  • Top 20 Law Firms in the US for diversity efforts by Vault 
  • Score of 100% on Human Rights Campaign Corporate Equality Index 
  • Best Places to Work for LGBT Equality by the Human Rights Campaign
  • Corporate Courage Award from the City of Boston 

 

There was a partner here with a large number of higher education clients. It was great to be able to raise my hand and say, ‘I’m interested in learning that,’ and then have the firm say, ‘We won’t look outside for this capability; we’ll see how you develop.

— Tyrone Thomas, Associate

 

Diversity Initiatives

  • The Diversity Committee reflects the firm’s diversity and meets monthly to formulate and adopt policies that impact recruiting, retention, mentoring, and work allocation.
  • Richard Mintz Scholarship is awarded to a first-year law student of color and provides $10,000 toward the student’s second year of tuition, a paid summer position at the firm between the student’s first and second years, and an ongoing work relationship with the firm throughout the student’s second year.
  • The LGBT (lesbian, gay, bisexual, transgender) Group has been meeting regularly since 2003 and provides opportunities for mutual support, sharing concerns, and informal mentoring for the firm’s LGBT attorneys and staff members.
  • MIATTY is an affinity group for minority attorneys and senior professionals that seeks to strengthen diversity and inclusion in the firm. MIATTY has been meeting on a quarterly basis for over a decade.
  • The Women’s Initiative sponsors numerous professional, networking, and social events aimed at supporting and enriching the lives of our female attorneys.
  • The Sponsor & Retention Program helps Associates of color build long-term careers at Mintz Levin by pairing them with a sponsoring Member, helping them develop a network within the firm, and helping them build supportive, collegial relationships with their

 

Diversity Partnerships

 

We participate in and support numerous diversity-related efforts throughout the country aimed at recruiting and supporting the professional development of diverse attorneys and promoting diversity.

 

In addition to hosting an annual interview workshop in Boston for law students of color, the firm participates in job fairs for students of color in Boston and DC, and the National LGBT Law Association’s Lavender Law Job Fair. We also participate in the Boston Lawyers Group 1L Summer Diversity Clerkship Program.

 

Partners in Diversity Nationwide

·         American Intellectual Property Association Education Foundation

·         Association of Latino Professionals in Finance and Accounting Law (ALPFA)

·         Athena San Diego

·         Boston Alliance of Gay, Lesbian, Bisexual & Transgender Youth (BAGLY)

·         The Boston Lawyers Group (BLG)

·         Boston University Law School Asian Pacific American Law Student Association (APALSA)

·         The Commonwealth Compact

·         DC Minority Attorney Networking Series

·         Earl B. Gilliam Bar Association

·         Gay & Lesbian Advocates & Defenders (GLAD)

·         Gay Men’s Domestic Violence Project (GMDVP)

·         Hispanic National Bar Association (HNBA)

·         Just the Beginning Foundation (JTBF)

·         Korean American Bar Association of San Diego

·         Lambda Legal

·         Massachusetts LGBTQ Bar Association

·         Minority Corporate Counsel Association (MCCA)

·         National Black Law Students Association

·         The National Lesbian, Gay, Bisexual, and Transgender (LGBT) Bar Association

·         New York Asian Women’s Center

·         New York Minority Attorney Networking Series

·         La Raza Lawyers of San Diego

·         South Asian Bar Association (SABA)

·         Women Lawyers Alliance

 

 

Richard Mintz Diversity Scholarship

The Richard Mintz Diversity Scholarship is designed to help make our workplace and profession more diverse. Named in memory of Richard Mintz, a partner in the firm for 57 years and the son of one of the firm’s original members, the scholarship provides the recipient with a paid summer position in the firm’s Boston office, $10,000 toward the second year of law school, and a continuing working relationship with our firm  throughout that year.¿¿

 

"My father and his partners took their responsibility very seriously -- to build a firm that was inclusive and progressive in terms of its approach to diversity," said Richard Mintz.

 

 

Diversity Committee

 

The Diversity Committee’s mission is to understand and value diversity in our firm and clients and to integrate diversity into our vision, culture, business, mission, policies, and practices.

 

We weave our mission into the firm’s strategic planning and direction. We are responsible for leading the firm’s ongoing diversity efforts. In addition to focusing on expanding opportunities at the firm for attorneys and staff who are of color, women, or part of the LGBT community, we are committed to promoting diversity in the legal profession and throughout our communities.