Represented the owner of the Eden Roc Hotel on Miami Beach in its decision to terminate Renaissance’s long-term management agreement, which confirmed New York law that a hotel management agreement is a personal services contract that cannot be enforced by the hotel manager by injunction, but only through seeking monetary damages for wrongful termination. 

Represented a family-owned and operated nationwide, boutique hotel company in its acquisition by a global hotel conglomerate for nearly half a billion dollars. Kathleen was responsible for advising the client of the litigation risks associated with the transaction, as well as developing the acquisition structure that was implemented to avoid triggering certain default and termination provisions in the client’s hotel management agreements, which would have devalued the purchase price of the acquisition.

Represented the ground lessor of a Brooklyn property in a rent-reset dispute with a publicly-traded corporation during a seven-day federal bench trial.  The litigation presented complex questions regarding the extent to which courts may probe the underlying assumptions of real estate appraisals and the degree to which parties may rely on counsel and expert appraisers in the rent reset valuation procedures.   

Represented the fee owners of a downtown Manhattan building in litigation against the ground lessee, an affiliate of The Moinian Group, arising from the tenant’s failure to maintain the building in compliance with the 99-year ground lease. After securing a trial preference based on life-safety concerns and a nine-day bench trial, the Supreme Court of New York entered a directed verdict for the fee owners at the close of the tenant’s case, which was unanimously affirmed on appeal. The fee owners were also awarded the proceeds of the $2 million injunction bond posted by the tenant.

Achieved early dismissals of putative class actions brought by tenants in New York State court and federal courts for a nationwide property management company, alleging concerned violations of New York landlord-tenant protections.

Represented the owner of a 35,000 square foot corner retail unit on Lexington Avenue in enforcing its lease against The Gap, Inc., who made a corporate-wide decision to stop paying all rent in the face of the COVID-19 pandemic. In a first of its kind decision, the district court of the Southern District of New York rejected the tenant’s force majeure defense, holding Gap liable for holdover rent under the lease.

Successfully defended a large real estate owner and investor in Class A office and retail properties throughout the country in an expedited international arbitration brought by a group of “family and friends” investors claiming fraudulent inducement and seeking rescission of their investment. Not only was the case dismissed after an expedited, virtual arbitration hearing, but the client was awarded its attorneys’ fees for defending the action.