Practice Areas
Real Estate
Bogal & Kahn LLP has a full-service real estate practice focused on financing, commercial leasing, acquisitions and sales of commercial and residential properties (including condominium and cooperative units), joint ventures, workouts and other matters.
Our attorneys have represented numerous global investment banks and other financial institutions as well as borrowers in the origination of single and multiple-asset commercial real estate mortgage and mezzanine loans secured by office, hotel, retail, multifamily, industrial and healthcare properties. We have particular expertise in loans destined for securitization, having represented clients in tens of billions of dollars of transactions involving the entire spectrum of the industry, including transactions involving multiple layers of subordinate financing. Our experience includes negotiating the full range of real estate loan documentation, including loan agreements, mortgages, cash management and lockbox agreements, intercreditor agreements, and legal opinions.
In addition, our firm is uniquely qualified to assist clients in the structuring and execution of a wide variety of real estate transactions. We have structured more than $5 billion of financings to real estate investment trusts (REITs) and real estate operating companies in the form of trust preferred securities and unsecured subordinated debt. Additionally, our team has extensive experience in workouts and bankruptcies.
Structured Finance
Our attorneys have broad and deep experience in structured finance matters. Bogal & Kahn attorneys previously founded and operated a consulting firm providing valuation opinions and advisory services relating to thinly-traded financial investments, with a focus on structured finance securities, advising more than 100 financial institutions and private investment funds, ranging from regional banks to global investment banks and hedge funds.
We have been involved in some of the most innovative transactions in the industry, including the buyback of illiquid debt securities from structured vehicles.
Additionally, Bogal & Kahn attorneys created the first collateralized debt obligations (CDOs) backed by pools of trust preferred securities issued by REITs and real estate operating companies (REOCs). Access to this innovative type of capital was not previously available to non-investment grade REITs and REOCs. Bogal & Kahn attorneys were responsible for structuring the trust preferred securities (more than 100 transactions totaling approximately $5.5 billion) and for the execution of nine CDO transactions totaling in excess of $6.5 billion.
Financial Restructuring
Our attorneys have significant experience in corporate bankruptcy, restructuring and other insolvency matters, having advised debtors, creditors, creditors’ committees, investors and potential acquirers regarding distressed company situations and corporate restructurings in a wide range of areas, including all aspects of chapter 11 reorganizations and liquidations, asset sales, financings, internal corporate issues, and bankruptcy litigation. In addition, our firm provides legal services relating to substantive non-consolidation opinions.
General Corporate
Our business and commercial law practice provides general business advice to individuals and to businesses ranging from startups to mature companies. The attorneys of our firm are equipped to advise clients with respect to entity formation and structure, securities filings, and with the drafting and negotiation of limited liability company agreements, partnership agreements, joint venture agreements, confidentiality agreements (NDAs) and vendor agreements. In addition, Bogal & Kahn is able to provide counsel relating to single member Delaware limited liability companies and other special purpose entities, as well as a wide variety of legal opinions, including enforceability opinions and a range of Delaware and bankruptcy law opinions.