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Jeffrey A. Leonard

Chair, Business Law Section
P (215) 665-4157

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      Real Estate Litigation

      Thanks to the recent market crash and global recession, real estate litigation is on the rise. And the historical data on post-recession real estate litigation suggests that the industry will see unprecedented levels of significant litigation for years to come, well after macroeconomic conditions improve. In this environment, corporate clients need experienced real estate counsel to make informed decisions about litigation strategy.

      Cozen O’Connor’s real estate attorneys act as counsel to developers, owners, real estate investment trusts, investors, retail and office tenants, real estate brokers and managers, banks and other lending institutions, title insurance companies, architects, and building contractors. Our team handles all types of real estate litigation involving failed loan workouts, landlord-tenant disputes, commercial evictions, rent resets, valuations, mortgage foreclosures, partnership and joint venture disputes, real estate tax appeals, condemnations, land use and zoning, and ownership disputes. We have a lengthy track record of success at trial, as well as in alternative dispute resolution forums such as arbitration, mediation, and administrative proceedings.

      Real estate litigation is a specialized legal practice that demands a comprehensive understanding of both business and litigation. As a well-known business litigation firm, Cozen O’Connor is ideally suited to operate effectively at this intersection of corporate interests and dispute resolution. Our real estate attorneys are involved in some of the most complex transactions in the nation, which means that we are fully versed in the most current deal structures. That familiarity is an enormous benefit on the litigation side because it enables us to identify substantive issues and assess the relative merit of various positions.

      In addition to the requisite real estate background, our attorneys also have excellent trial skills. Members of the real estate litigation team have been handling major cases for decades and can claim a successful track record before trial judges, juries, and appellate courts alike. This experience not only enables us to steer clients more quickly through the crucible of court, it also supports our ability to negotiate beneficial settlement agreements. Adversaries know that we settle to serve clients’ interests, not to avoid trial, which eliminates needless brinksmanship and strengthens our bargaining position.

       

      SERVICE AREAS

      • Handle landlord-tenant disputes
      • Litigate commercial evictions, mortgage foreclosures, eminent domain claims, and condemnations
      • Lead rent reset proceedings and valuation proceedings
      • Resolve disputes among investor groups, joint venturers, and partners
      • Counsel clients on real estate tax reassessment appeals
      • Lead real estate finance and insolvency litigation
      • Handle ownership, easement, and boundary disputes
      • Review breach of lease options, right-of-first-refusal agreements, and buy-sell agreement claims
      • Conduct land use and zoning appeals

      Experience

      Represented Upper Uwchlan Township in the Route 100 by-pass road project about 2 miles from the Route 100 exit of the Pennsylvania Turnpike. This project also included the acquisition of rights-of way via negotiated agreements and/or condemnations.


      Represented Towamencin Township in the Forty Foot Road and Sumneytown Pike Road improvement projects that began in the late 1990's. The projects included the acquisition of rights-of way via negotiated agreements and/or condemnations. These improvements are located near the Lansdale Exit of the Northeast Extension of the Pennsylvania Turnpike.


      Represented a regional drugstore chain in all of its real estate-related matters, which representation has included the acquisition of a 30-store chain.


      Won a motion for summary judgment in the United States District Court for the Eastern District of New York on behalf of our client, the Republic of Senegal. The plaintiff was a broker, who claimed a commission for the $24.5 million purchase of the site of the future embassy and mission on East 44th Street near the United Nations.


      Attorneys

      John C. Barnoski Member Philadelphia (215) 665-4681
      Brad W. Breslau Chair, Subrogation & Recovery, Rocky Mountain Region Denver (720) 479-3920
      Howard M. Brown Member West Conshohocken (610) 832-8362
      H. Robert Fiebach Member Philadelphia (215) 665-4166
      James H. Heller Vice Chair, Commercial Litigation Department Philadelphia (215) 665-2189
      Erik L. Jackson Member Los Angeles (213) 892-7961
      Menachem J. Kastner Member New York (212) 453-3811
      Philip G. Kircher Member Philadelphia (215) 665-7233
      Jeffrey A. Leonard Chair, Business Law Section Philadelphia (215) 665-4157
      Jennifer M. McHugh Member West Conshohocken (610) 941-2366
      Kenneth G. Schwarz Of Counsel New York (212) 509-9400
      Ross Weiss Office Managing Partner West Conshohocken (610) 941-2361
      Charles E. Wheeler Member San Diego (619) 685-1754

      Publications


      Escalations and Rents - the Defensive Side of the Voluntary Payment Doctrine [New York Law Journal]

      April 18, 2013

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      Events & Seminars

      There are no UPCOMING EVENTS at this time. Please try back at a later time.

      In The News


      Ken Fisher featured in The Commercial Observer

      August 09, 2012

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      Related Practice Areas

      Brownfields Development

      Distressed Real Estate

      Eminent Domain

      Litigation

      Office/Retail/Industrial Leasing & Development

      Real Estate

      Real Estate Finance

      Zoning, Land Use & Development

      Related Industries

      Real Estate & Construction

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