Josh Bernstein

Partner
Norton Rose Fulbright US LLP

Austin
United States
T:+1 512 536 3095
New York
United States
T:+1 212 318 3031
Austin
United States
T:+1 512 536 3095
New York
United States
T:+1 212 318 3031
Josh Bernstein

Josh Bernstein

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Biography

Josh advises clients in both development-related real estate transactions (including acquisitions, dispositions, sales and leasing) and in real estate finance and private equity matters (including joint ventures, debt and equity financing, and fund formation). His experience encompasses all asset classes – including single-family and multi-family residential, industrial, office, retail and hotel – with particular expertise in senior housing. Josh also regularly serves as an expert with respect to the structure and formation of complex condominiums for both financing and sale of commercial, residential and mixed-use projects.


Professional experience

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JD, The University of Texas School of Law, 2002
BA, magna cum laude, Ohio State University, 1998

  • New York State Bar
  • Texas State Bar
  • Assisting a private equity-backed development firm in the acquisition, through public bid process, of 75 acres of state-owned land in Central Austin, Texas. The previously underutilized parcel will be transformed into a walkable, mixed-use community, with the potential to positively transform a well-established residential area. This matter included negotiation and drafting of agreements with multiple state agencies for a leaseback of portions of the parcel, navigating public procurement requirements, and assistance with satisfying affordable housing demands. As the project is developed over time, we will continue to assist with the overall development efforts, to include, among other things, office and retail leasing, and sales of improved and unimproved parcels.  
     
  • Representation of a national hospitality company in the acquisition of a Class A apartment building and conversion of the building for timeshare use. This matter included securing approval for first-of-its-kind timeshare use from local governmental authorities, as well as assistance with other land use matters. Ongoing engagement includes structuring and creation of multiple condominium regimes to facilitate multi-club timeshare structure and assistance with state timeshare approvals, as well as advice with respect to construction matters. 
     
  • Advising a publicly-traded homebuilder in connection with the simultaneous, ongoing acquisition of dozens of unimproved parcels of land for development and sale. Our work for the client includes the negotiation and drafting of agreements for entitlement and development of the sites, as well as creating agreements with sellers and adjoining landowners for utilities and other joint facilities. Due to the high volume of transactions, we developed a system for both the client and our team to track and calendar relevant dates and deliverables.
     
  • Working with a master-planned community developer in the development of multiple age-restricted communities and sales of unimproved and improved property therein to sub-developers, homebuilders and individuals. We worked with the client in this matter to develop a condominium structure for subdividing all land to allow for significantly greater density than would have been available through traditional platted subdivisions.
  • The Best Lawyers in America, Best Lawyers, 2018-2019
  • Legal 500 USA, recommended lawyer, Real Estate, The Legal 500, 2019
  • Author, "10 Tips For Navigating Austin's Real Estate Landscape," Law360, September 6, 2016
  • Co-Author, "10 Steps to Commercial Lease Negotiating — Without the Pain," Austin Business Journal, May 5, 2016
  • Author, "10 Lessons Learned After 10 Years in Austin Real Estate," Austin Business Journal, June 12, 2015
  • Author, "10 'Hot-Market Mistakes' by Real Estate Developers, and How to Avoid Them," Austin Business Journal, February 26, 2015
  • Member, Urban Land Institute
    • Advisory Board Member
    • Member, Lifestyle Residential Development Council – 55+
  • Member, International Council of Shopping Centers
  • Member, Real Estate Council of Austin
  • Board member, Child Development Center, Congregation Beth Israel