Jenner & Block

Real Estate Litigation and Counseling

Our Work

  • Represented largest US healthcare REIT as plaintiff in federal jury trial against competitor for interference in client’s $2 billion portfolio acquisition; won jury verdict of $101 million.

  • Defended REIT against breach of fiduciary duty and fraudulent transfer claims for more than $1 billion in connection with nursing home sale-leaseback transactions.

  • Defended largest hospital system in Kentucky in action seeking to terminate hospital’s 99-year ground lease to land on which hospital constructed and operates preeminent children’s hospital.

  • Represented owner of Grand Central Station in New York City in lawsuit challenging city’s changes to air rights regulations that benefited neighboring development to the detriment of client.

  • On behalf of major New York City real estate developer, tried dispute with limited partner concerning several shopping center developments.  Prevailed after a seven-week trial in SDNY.

  • Represented owner of 65-story office tower in arbitration against neighboring owners concerning reciprocal easement agreement.

  • Represented publicly traded REIT in series of rent reset proceedings, CAM and CapEx audits and challenges and non-compete rings disputes against major tenants under master leases.

  • On behalf of one of the largest CMBS special servicers, handled disputes with other special servicers.  The matters were successfully resolved after extensive litigation in federal court in Delaware.

  • Represented parties to various CMBS transactions in disputes concerning the servicing standard, fair value options and other contractual issues.

  • Represented major publicly traded REIT in multiple federal lawsuits seeking to invalidate mobile home rent control ordinances under the Fifth Amendment Takings Clause.

  • Represented major REIT in multiple lawsuits brought against the company by residents of its mobile home parks, alleging that the company failed to maintain the parks.  In one of those cases, we were retained after the jury verdict and succeeded in vacating the jury’s $111 million damages award.

  • Represented property owner in dispute with property manager/remarketing agent concerning compensation due to manager for the sale of a commercial building in Denver, Colorado acquired pursuant to a leveraged lease transaction.

  • Represented real estate developer as plaintiff in multimillion dollar joint venture dispute regarding the redevelopment of a prime office tower in downtown Chicago.

  • Represented client, owner of building and improvements, in series of lawsuits concerning client’s exercise of options to purchase fee interests in the properties from the holders of the “remainder” interests.

  • Represented a major shopping-center REIT in a series of arbitrations against major tenant arising out of a sale-leaseback transaction.

  • Represented plaintiff investor in partnership dispute involving company investing more than $100 million in EB-5 immigrant investor funds in real estate development projects in Milwaukee.

  • Represented developer of luxury high-rise condominium tower in connection with extensive litigation involving termination of brokerage and sales agreement.

  • Represented owner of a portion of a mixed-use building, including a theater and retail space, in connection with dispute regarding violation of a restrictive rights agreement by owner of the other portion of the building who is developing a hotel.