REAL ESTATE
The Firm's Real Estate Practice is regional in scope, covering the entire spectrum of real estate and real estate financing. Patrick Henry represents clients in all sectors of the real estate industry, and he has extensive experience in all fields of real estate practice:
Institutional Practice
Patrick Henry represents domestic institutional investors and investment bankers in connection with the acquisition, sale, development, rehabilitation and construction of all types of commercial, industrial, residential, retail and hotel properties. He also represents financial institutions and operating companies in sale-leaseback transactions and lease-financing arrangements. He has counseled investors, banks and investment banking clients in the creation of and participation in syndications, joint ventures, partnerships and limited liability companies and REITS. Patrick Henry has also handled initial and subsequent public offerings for both mortgage and equity REITS, and organized and handled private offerings and syndications.
Entrepreneurial Transactions
Patrick Henry represents entrepreneurial clients, both individual and institutional, in the acquisition, financing, development, management, leasing, operation and sale of a full range of major commercial properties. He has assisted clients in structuring a wide variety of investment vehicles, including partnerships, joint ventures, limited liability companies, syndications, sale-leaseback arrangements, tiered estate arrangements, REMICS and hybrids. His work on behalf of these entrepreneurial clients has involved office buildings, office parks, condominium and cooperative buildings, residential buildings, hotels, resort properties, mixed-use complexes, convention centers, sports arenas, facilities and complexes, industrial properties, warehouses, retail facilities, shopping centers, tract developments, phased developments and planned unit developments. His broad range of contacts in the financial community often enables him to assist our clients to obtain financing for their projects.
Lending Practice
Patrick Henry is actively engaged in representing institutional lenders and regional banks. He is competent at structuring, documenting and negotiating construction and interim loans, long-term financings, other transactions secured in whole or in part by interests in real property, revolving credit arrangements, convertible loans, shared appreciation loans, letters of credit, mortgage-backed securities, and securitized and credit enhancement transactions, including participations and currency swaps. He also has extensive experience in the public sector, including representation of private lenders in affordable housing construction programs.
Leasing
Patrick Henry represents owners and tenants in the leasing of commercial and residential space. His expertise includes primarily the unique office and retail market in Washington, D.C., and the surrounding metropolitan area. He has handled the leasing of buildings and space in buildings in urban and suburban markets, including regional and local shopping centers and other retail facilities, and industrial and warehouse facilities in a variety of arrangements, including ground leasing, subleasing, multi-tiered arrangements, umbrella leasing, and equity and cash-flow participation leases. He also specializes in structuring and implementing commercial leasing programs for office buildings and shopping centers.
Tax Counseling
Assisted by a seamless network of attorneys, Patrick Henry assists investors and investment groups in structuring their real estate transactions, investment vehicles and financings, including partnership participations, joint ventures, syndications and like-kind exchange transactions (including large scale national multi-exchange transactions) in order to maximize tax benefits and to achieve various other tax and regulatory objectives. In this effort, Patrick Henry works closely with a network of tax and real estate law professionals, which specializes in real estate taxation with subspecialties in state and local tax matters, including real estate transfer taxes and mortgage recording taxes.
Construction Practice
Patrick Henry regularly counsels domestic owners, developers, financing entities, and a wide range of construction managers, contractors and design professionals in connection with commercial construction matters, including: risk allocation, negotiation of general contractor and construction management agreements, subcontracts, trade contracts, owner/developer agreements, design/build agreements, and architect and engineering agreements.
Real Estate Regulatory Matters
In addition, Patrick Henry assists clients in complying with federal, state and local governmental statutes and regulatory requirements and reporting obligations, including, as a few examples, Hart-Scott-Rodino Act compliance filings, Department of Commerce filings, Bureau of Economic Affairs and Treasury Department filings, FIRPTA matters, AFIDA filings, and HUD matters.
Land Use and Development
Patrick Henry regularly advises owners of undeveloped and developed properties in land use and development matters, and assist in obtaining federal, state and local land use approvals required for the development of a wide variety of commercial projects.
Environmental Matters
Patrick Henry also advises owners, investors, lenders, landlords and tenants in dealing with federal, state and local environmental laws, regulations and contractual obligations, including the investigation, compliance, remediation and litigation of environmental problems. He represents environmental testing and engineering companies in their formation, licensing and operations. Moreover, Patrick Henry counsels clients in environmental risk management and in negotiated risk allocations.
