Disputes concerning:

• Non-payment of rent
• Common area maintenance / operating expense charges
• Rent-reset provisions and appraisals
• Maintenance & repair obligations
• Obligations upon vacating
• Eminent domain and casualty
• Permitted use and exclusive use
• Use of common areas
• Holdovers
• Evictions
• Obligations to open or operate
• Rights of first refusal and rights of first offer
• Force majeure events
• Mitigation of damages

• Serve as national lease litigation counsel for several retailers, handling wide variety of litigation and pre-litigation disputes for properties throughout the country.
• Represented national banking institution in countless disputes throughout the country against its landlords for all manner of lease disputes, such as disputes concerning CAM calculations, maintenance & repair obligations, access and use of common areas, exercise of renewal options, remediation of environmental contamination, right of first offer and refusal, and more.
• Represented landlord in federal court action concerning dispute over rent reset appraisal proceeding for renewal of a retail ground lease.
• Represented national shoe retailer in numerous litigations throughout the country against large mall owners relating to claims for non-payment of rent and failure to operate in the face of the COVID-19 pandemic.
• Represented shoe retailer that purchased assets out of an assignment for the benefit of creditors against claims for successor liability and alter-ego liability brought by the landlord of the tenant who was the assignor in the assignment for the benefit of creditors.
• Represented Fortune 100 healthcare company in numerous lease litigations, including but not limited to a state court trial concerning disputes over common area maintenance charges, and another state court litigation concerning a dispute over an exclusive use provision in the lease.
• Represented national restaurant concept in numerous disputes throughout the country, including but not limited to claims for non-payment of rent and failure to open for business.
• Represented national clothing retailer in numerous litigations and disputes throughout the country, including but not limited to claims for non-payment of rent and failure to open for business, and most recently a dispute concerning the right to assign a lease without landlord consent.
• Represented tenant operating a data center in a dispute with its landlord over charges assessed by the landlord, the proper date for rent commencement, and the tenant’s obligations upon vacating premises.
• Represented national operator of parking garages for numerous issues and disputes across the country, including but not limited to disputes over client’s obligation to take possession of the lease premises, and dispute over the client’s obligations upon vacating the premises.
• Represented licensee operating a hotel in New York City in eviction proceeding against landlord premised on non-payment of rent.
• Represented nationally renowned university in arbitration against landlord concerning calculation of CPI increases in base rent.
• Represented educational institution in Hawaii regarding issues surrounding its surrendering of its space and the landlord’s mitigation of its alleged damages.
• Represented owner of 35,000 square foot corner retail unit on Lexington Avenue in Manhattan to enforce its lease against tenant that stopped paying rent in the face of the COVID-19 pandemic;
• Prevailed at trial representing a group of landlords in a Yellowstone proceeding that was commenced after one of the nation’s largest residential developers materially breached its 99-year, triple net lease in lower Manhattan.
• Represent landlords in bankruptcy proceedings where retail and office tenants have sought rejection of leases.
• Other matters include representing national electronics company and international watch company in variety of lease disputes.