Mitchell Lubart

Of Counsel
Norton Rose Fulbright US LLP

New York
United States
T:+1 212 318 3312
New York
United States
T:+1 212 318 3312
Mitchell Lubart

Mitchell Lubart

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Biography

Mitch has been representing institutional investors, lenders and developers on all aspects of their real estate related business for over 40 years through a number of boom and bust cycles with a focus on: (a) joint venture transactions (including public/private joint ventures); (b) development transactions (including mixed-use, office, hospitality, multi-family residential assets, warehouse projects, retail assets, manufacturing plants and sports arenas); (c) acquisitions and sales; (d) financings (including balance sheet mortgage loans, syndicated and CMBS loans, construction loans and mezzanine loans); (e) debt restructurings and foreclosures; and (f) commercial leasing. More recently, Mitch's work has focused on working with developers and contractors in connection with the application of new construction technology to development projects.

A significant number of these transactions include working with various government authorities with a direct interest in the applicable projects, including ownership and ground leasing of the land, concessions, required infrastructure improvements, entitlement issues, financial incentives and/or direct government sponsored loans.

Mitch's practice has included representing (i) US-based clients investing in and disposing of real estate projects throughout the US, the UK, France, Germany, the Middle East and certain Asian Pacific countries and (ii) a number of off-shore clients investing in and disposing of real estate projects throughout the US.


Professional experience

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JD, Rutgers, The State University of New Jersey, 1979
BA, Union College, 1975

  • New York State Bar

•      Advised a developer in NYC in connection with (i) the development of a number of commercial office building (including a building of over 1,000,000 SF near Grand Central Terminal) and multi-family buildings in New York City and (ii) the acquisition of air rights from a landmarked church in downtown NYC and the development of a hotel on a site across the street.

•        Advised a developer in connection with a joint venture to (a) obtain a license to operate a casino in New Jersey from the Casino Control Commission and (b)     develop and finance the casino with financing provided by New Jersey Industrial Development Bonds.

•      Advised a Fortune 500 Company in connection with: (i) over 2,000,000 SF of office space leasing and development; (ii) the foreclosure on and sale of a 26 acre development parcel in Boston; (iii) the development of a large printing press manufacturing plant in the Bronx financed in part by the Empire State Development Authority; and (iv) "spinning off" a number of printing press plants into a "non-consolidated" entity.

•      Advised a development company in connection with the formation of a joint venture with the City of New York and Polytech Institute to (a) acquire land (by purchase and eminent domain) in Brooklyn, NY and (b) develop over multi-million SF urban office campus. 

•      Advised a Canadian Pension Fund in connection with (a) restructuring loans on office buildings and hotels in the USA and (b) acquiring office buildings in the USA.

•     Advised a US-based real estate fund in connection with (i) an equity investment into a company developing a "spec" office building in NYC and (ii) subsequently exiting the investment in a "structured sale" of its interests to an off-shore institutional investor.

•      Advised a non-US-based real estate fund in connection with a joint venture with a capital partner to "take private" a publicly traded company that owned multi-family assets in Europe with a market capitalization of approximately US $2 billion.

•      Advised a publicly traded REIT in connection with recapitalizing a portfolio of approximately 5,000,000 square feet of commercial office space in the Southwestern US.

•      Advised a US-based real estate fund in connection with the acquisition and redevelopment of a number of hotels throughout the US and Europe.

•      Advised a US-based real estate fund in connection with (i) a joint venture with another real estate fund and (ii) the acquisition of 13 hotels located in Germany out of an insolvency proceeding.

•      Advised a non-US pension fund in connection with: (i) the restructuring of a mezzanine loan on an office building in NYC; (ii) the acquisition of interests in a number of office buildings located in the US; and (ii) the disposition of 18 hotels located throughout Western Europe.

•      Advising a US-based real estate fund in connection with an equity investment into a company that "master leased" a portfolio of approximately 80 "skilled nursing facilities" throughout the US to an operator and (ii) the formation of a platform joint venture with the operator to acquire two (2) additional portfolios of healthcare related assets in the United Kingdom.

•      Advised a private equity fund in connection with (i) the formation of a platform joint venture with a privately-owned company that develops, acquires and manages multi-family housing throughout the Southwestern US and (ii) the acquisition of the first multi-family projects for the venture.

•      Advised a US-based real estate fund in connection with: (i) the development of a "build to suit" commercial office building; (ii) the development of a hotel attached to the commercial office building and the franchise agreement for the hotel; and (iii) the acquisition of a residential community / resort and related management company agreements.

•     Advised a REIT in connection with (i) resolving its dispute with an institutional investor over the interpretation of a "collateral exchange" provision in a mezzanine loan on terms favorable to the company and (ii) a number of joint ventures to acquire multi-family residential assets.. 

•      Advised a real estate company that owns approximately 15,000,000 square feet of mixed-use assets throughout the US in connection with various construction, leasing and other asset-management based projects.

•     Advised a real estate fund in connection with (i) an equity investment into a company developing a "spec" office building in New York subsequently exiting the investment in a "structured sale" of its interests to an off-shore institutional investor and (ii) a joint venture with a private developer to acquire an approximately 625,000 SF office condominium in NYC.

•      Advised a private real estate investor in connection with: (i) the exercise of a ROFO for a multi-parcel development site; (ii) entitling the site; and (iii) flipping the site to a third party for multiples of the ROFO price.

•      Advised an investment bank in connection with: (i) the acquisition of a series of loans at a discount to par; (ii) the acquisition by restructuring / foreclosure on the assets; and (iii) the "repositioning" and eventual sale of the assets.

•     Advised an investment bank and its joint venture partners in connection with (i) acquiring and then selling approximately 1,250,000 SF of air rights over Grand Central Terminal and (ii) coordinating the acquisition and sale with the Metropolitan Transportation Authority, Amtrack, the Federal Railroad Administration and the City of New York

•     Advised a European "Bad Bank" in connection with restructuring a number of syndicated loans on public toll roads toll roads and concessions for large municipal parking facilities.

•      Advised an international “infrastructure” company in connection with two (2) mixed-use public/private partnerships for the development mixed use improvements in Florida and Missouri. 

•      Advised an off-shore investor in connection with a joint venture to: (i) construct Barclays’ Arena in Brooklyn, NY; (ii) finance the construction with New York State Industrial Development Bonds; and (iii) acquire the Brooklyn Nets.

•      Advised an off-shore investor in connection with: (i) the redevelopment of Nassau Coliseum in Nassau County, NY that was ground leased from Nassau County and partially financed by grants from Nassau County and The Empire State Industrial Development Authority; (ii) a proposed multi-billion dollar joint development agreement among Nassau County, New York State and a private REIT to develop the 70 acres surrounding the Nassau Coliseum; and (iii) the disposition of the investor’s interests, including exiting its ground lease with Nassau County and its obligations to Nassau County and New York State.   

•      Advised a US-based private equity fund in connection with a number of “branded” hotel and condominium projects in the Middle East and Europe.

•     Advised a consortium of construction companies focused on the application of new construction technologies in connection with a proposed joint venture to develop a “net zero energy” workforce housing project in Puerto Rico that is intended to be financed by a Title 17 Clean Energy Program Loan.

  • Legal 500 US, recommended lawyer, Real Estate, The Legal 500, 2017-2019