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PRACTICE AREAS |
Members of the Real Estate Practice Group are involved in all aspects of the acquisition, development, resolution of disputes, financing and disposition of commercial and residential real estate, including:
- office buildings;
- commercial retail and shopping-center developments;
- redevelopment projects;
- apartment and other multi-family projects;
- hotels;
- industrial developments; and
- unique special purpose projects such as studio facilities and theaters.
The Group is also involved in client strategic planning, including tax planning and choice of the ownership vehicles.
CORE SERVICES
Commercial Properties: Represent purchasers and sellers of commercial property as well as owners, developers, investors and contractors in planning, zoning, entitling, financing, development, construction of commercial, industrial, retail, residential and hotel projects throughout California, New York, across the United States and outside of the United States.
Residential Properties: Representation of purchasers and sellers in connection with multi-unit and large single-family residential purchases, sales and development projects.
Loan Transactions: Represent borrowers and lenders in financing and refinancing of all types of real estate.
Government: Represent cities, counties and other governmental entities in redevelopment projects.
Tax Planning: Pre-transaction tax planning and structuring of tax-deferred exchanges and other arrangements to defer or minimize taxes. Tax planning is often connected with real estate projects and investments outside of the United States.
Ownership and Operation: Formation of limited liability companies, partnerships, corporations and other vehicles for the ownership, development and investment.
Environmental: Prepare permit applications, analysis of damages and claims, defense positions, and remediation, and analysis of issues in conjunction with purchases and sales, leasing, and business operations. Litigation of complex environmental issues.
Construction: Negotiate construction, construction management, design and architectural contracts for both owners, developers and real estate service providers, including contractors, property managers, architects and others. Resolution of construction and labor disputes, and employment-related matters.
Eminent Domain: Representation in broad range of eminent domain issues, including negotiation of pre- and post-condemnation settlements, as well as litigation.
Leasing: Represent landlords and tenants in drafting and negotiation of leases, including ground leases for all types of properties. Also provide analysis, interpretation, advice and litigation support for existing leases.
Representative Real Estate Matters 
Structured and negotiated the sale of $500 million portfolio of office building properties.
Negotiated the sale of an 870-unit luxury apartment and commercial complex.
Represented purchasers in a transaction involving a $75 million apartment complex.
Represented major developers of high-rise and other larger office buildings in California, Hawaii and other states.
Represented homebuilders in all phases of the development of major residential tracts including advice in connection with subdivisions in preparation of environmental impact reports.
Represented a Southern California municipality in connection with the development of a major shopping center and hotel complex.
Structured, negotiated and documented the restructuring of $130 million of institutional debt and the subsequent disposition of properties by a NYSE-listed real estate investment trust.
Represented a European bank in connection with the acquisition of a number of properties throughout Northern California related to the settlement of a non-performing loan and the subsequent multi-year development and disposition of those properties.
In Better Foods Land Investment Company v. Glendale Redevelopment Agency, MS&K filed an action for declaratory and injunctive relief to enjoin condemnation proceedings against Better Foods’ property on the basis that the defendants were seeking to take its property for a non-public use contrary to the Fifth and Fourteenth Amendment and contrary to California Redevelopment law. The case was settled for a sum significantly more than had been offered by the Redevelopment Agency.
Represented sellers of single-family residences in Los Angeles and San Francisco, respectively, each of which resulted in the highest sales price ever received for a single-family home in each respective city.
Represented numerous private investors, purchasers and sellers in connection with the negotiation, purchase and sale of super-luxury residential townhouses, condominiums, and cooperative apartments in New York City.
Represented the owner/net lessor of three New York City buildings which house major television studios for nationally known television shows with live studio audiences in connection with complex commercial net leases.
Real Estate Chair
- John E. Hatherley, Partner, (310) 312-3105

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