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K&L Gates has extensive experience in all areas of real estate litigation, including arbitrations, class actions, administrative proceedings, jury and bench trials, and appeals. Firm clients include commercial, industrial/warehouse, condominium, and multi- and single-family residential developers; institutional and private investors; real estate service providers; regional and national retail concerns; mortgage banking/consumer finance companies; real estate brokers and property managers; title companies; public utilities and other energy suppliers; governmental agencies; and property owners ranging in size from sole proprietors to Fortune 500 companies and companies listed on the London Stock Exchange.

The K&L Gates team handles virtually all aspects of contested real estate-related matters throughout the United States and overseas, and works seamlessly among our offices on behalf of firm clients. Lawyers counsel clients on ways to prevent litigation, but when it does occur our litigators advocate our clients’ positions aggressively and effectively. When appropriate, firm real estate litigators work closely with transactional, bankruptcy, construction, environmental, mortgage banking, and securities colleagues on local, regional, national, and international matters.

On behalf of lenders, servicers, and borrowers, K&L Gates litigates in a variety of settings, including non-performing loans that require sophisticated workouts, and the firm is highly experienced in matters involving foreclosures, claims of lender and/or servicer liability, fraud, and bankruptcy issues. The firm represents landlords, tenants, and property managers in connection with exclusivity clauses and other restrictive covenants; ejectment, forfeiture, and repossession; security of tenure issues; contested rent reviews; and service charge disputes.

K&L Gates’ team has successfully fought for our clients in disputes involving alleged common law claims such as breach of contract, breach of fiduciary duty, defamation of title, negligence, misrepresentation, and fraud as well as state and federal statutory claims such as consumer debt collection practices, the Real Estate Settlement Procedures Act (RESPA), the Truth in Lending Act (TILA), unfair and deceptive trade practices, securities laws, and lien litigation.

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Developers
Successful representation of commercial developers in numerous contractor claims for additional compensation arising from alleged delays, disruptions, and differing site conditions.
Defended developer in a chancery court action seeking to enjoin $80 million condominium conversion of a luxury apartment building; conversion went forward after several counts of the plaintiff's complaint were dismissed.
Successful defense of a suit against a developer of large land assemblage by a commercial developer asserting contractual right to purchase a tract of land in the assemblage.
Successful representation of a multi-state developer in a suit challenging the constitutionality of zoning ordinance amendments drastically restricting the development of lakefront property.
Successful representation of a multi-state real estate developer in suit brought by environmental activist groups challenging a high-end lakefront residential development project, based upon the alleged violations of the Endangered Species Act and National Environmental Policy Act.
Successful representation of the owners of a premier retail mall, in a suit brought by a group of neighbors opposing a rezoning decision by the city council permitting a $100 million expansion of the mall; the suit involved a constitutional challenge to the city’s new conditional zoning ordinance and resulted in an appellate decision upholding the ordinance’s constitutionality.
Eminent Domain
Won the dismissal of chancery action challenging a village's power to acquire real estate through eminent domain in a tax increment finance district.
Representation of a Napa Valley vineyard in an eminent domain proceeding. Obtained a favorable jury verdict and damages far exceeding the condemning agency’s final settlement offer.
Representation of a national wholesale warehouse in an action against a public entity to recover remediation costs and damages for inverse condemnation and various torts after the public entity contaminated the client’s property with petroleum hydrocarbons. The jury trial resulted in a judgment in favor of the client and a significant recovery of damages.