Sedgwick, Detert, Moran & Arnold LLP

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Real Estate & Finance

Sedgwick’s real estate and finance attorneys guide clients through the life cycle of complex real estate transactions, from creation of the ownership and development entity through land acquisition, financing, construction, post-construction (including defect, warranty and mold issues), sales, and commercial leasing, property management and disposition.

Our attorneys work on projects ranging from large shopping centers, luxury hotels and resorts, sports arena complexes, office buildings, industrial/research campuses and gated residential communities/golf courses to small retail outlets, commercial parks and residential projects. Our approach is narrowly tailored to match our client’s project, objectives and goals.

Our attorneys’ customized approach has attracted a wide variety of clients, including developers, institutional and private lenders, manufacturers, retailers, trade associations, cities, counties, local and state public agencies and public interest groups.

Sedgwick’s real estate and finance practice is part of an interdisciplinary team that also encompasses members of the firm’s environmental, land use, bankruptcy, business litigation, employment and corporate practices. Our attorneys frequently call upon members of the firm’s environmental practice when site remediation, groundwater contamination, regulatory compliance or environmental risk management issues arise.

Areas of Expertise

Entity Selection
Our transactional attorneys work closely with our clients to select the appropriate form of business entity for any particular project with regard to liability, taxation, financing, control and related issues.

Acquisitions
We represent sellers and purchasers in the planning, negotiating, documenting (including letters of intent, confidentiality agreements, environmental testing and purchase and sale agreements), due diligence and closing of real estate transactions, including real estate exchanges. We have extensive expertise in ground leasing.

Financing
We advise clients in connection with the placement, negotiation and closing of debt and equity for real estate projects. Our experience includes traditional sources of financing such as land acquisition, construction and permanent loans from banks and insurance companies, as well as direct equity investments, syndication, partnership and joint venture investments, sale and leaseback transactions, and securitized borrowings. We have extensive experience representing lenders and borrowers in originating new loans, restructuring existing loans and negotiating loan workouts.

Leasing and Property Management

Our attorneys negotiate and draft commercial leases for all types of properties, including office buildings, shopping centers, retail facilities, hotels, industrial buildings, warehouse and distribution facilities, restaurants, medical office facilities and fraternal organizations. We provide advice to shopping center owners/managers on a variety of day-to-day operational issues.

Specialty Practice: Hospitality Industry

Sedgwick has particular expertise assisting hospitality industry clients with evaluating project information, negotiating and documenting business relationships, negotiating management and franchise agreements, and structuring performance criteria and guarantees. Our attorneys structure and prepare integrated hotel, condominium and fractional interest declarations for resort projects. We have extensive expertise in operational and management matters, such as liquor and other licensing, golf course, tennis, and recreational facility issues, construction and development projects, financing and refinancing, franchises and licenses, joint ventures, partnerships and other comparable business arrangements, technical service agreements and labor.

Real Estate Litigation

Sedgwick’s real estate litigators handle title, land use, leasing, secured transactions and ownership matters in state and federal court, at arbitration and in administrative proceedings. In addition to our work as trial counsel, Sedgwick regularly provides mediation and other alternative dispute resolution services.

Our clients include owners and developers, managers, secured interest holders and brokers—ranging from Fortune 500 companies to governmental entities to small business owners—involved in projects as diverse as office towers, shopping centers and other retail outlets, campus office spaces, industrial properties, ski resorts, residential subdivisions and maritime (pier) properties.

The firm’s real estate litigation attorneys are part of the firm’s Commercial Practices Group, an interdisciplinary team that also encompasses members of the firm’s antitrust, bankruptcy, business litigation, corporate, and real estate finance practices. Our real estate litigators are able to call upon the collective expertise developed within the Commercial Practices Group to provide our clients multifaceted representation.

Title

Sedgwick works with property owners, developers and title companies to establish or clear fee title, to resolve disputed easements and to bring actions under the Destroyed Records Relief Act ("McEnerney Actions"). We also handle fraudulent conveyance and third party possession actions where title to property has been hidden.

Leasing

Our experienced attorneys represent landlords, tenants and subtenants in disputed lease relationships, including disputes relating to renewal and purchase option rights, rental fair market valuation on renewal, failure to disclose and building code issues, quiet enjoyment disputes and disability access rights.

Secured Transactions

Sedgwick provides representation in respect to judicial and non-judicial foreclosure actions, receiverships and other secured party rights and obligations.

Ownership and Workouts

Our attorneys provide assistance to property owners and developers concerning ownership structure, partnership and joint venture planning and dispute resolution, and in partition actions brought to resolve multiple claims on property.

Land Use

Sedgwick represents clients in matters involving government approvals and entitlements, vested rights, Subdivision Map Act questions, CEQA, and water rights, at the administrative level, in mandate actions to review administrative decisions, and in litigation of inverse condemnation, §1983 and equal protection actions. Our attorneys also represent owners of fee and easement interests in eminent domain actions.

Sedgwick, Detert, Moran & Arnold LLP
3 Gateway Center - 12th floor
Newark NJ 07102
Tel: 973 242-0002
Fax: 973 242-8099