Real Estate Development

Recent News:

Elizabeth Kearney Named a 2025 GlobeSt. Woman of Influence

Elizabeth Kearney, vice chair of Cozen O’Connor’s Real Estate practice, has been named a 2025 GlobeSt. Woman of Influence.

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Cozen O’Connor operates a comprehensive Real Estate Development Practice that represents developers, owners, and investors in their most critical projects in communities across the country. The team is adept at leading development of all types, whether new construction, major renovations, or adaptive reuse. Firm attorneys have the technical skills to manage each discrete aspect of a development project and the perspective to ensure the project as a whole is structured to maximize synergy, efficiency, and value.

Experience

There is no substitute for experience — and attorneys at Cozen O’Connor have decades of experience leading development at every scale, from the relatively straightforward development of raw land for a single purpose to the hugely complex multi-use redevelopment of an assemblage of built properties. Examples of major recent engagements include:

  • Represented a joint venture between Gattuso Development Partners and an international investor in the development, with Drexel University, of a $450 million, 11-story, 500,000 sq. ft. life sciences/lab building on Drexel’s campus in Philadelphia, named the 2022 Real Estate Deal of the Year by the Philadelphia Business Journal.
  • Represented a regional rail transportation authority in a JV and ground lease agreement with an affiliate of a national development company for a multi-phase, mixed-use development on 15 acres of publicly owned land in Hollywood. 
  • Represented HSBC Bank USA, National Association in connection with a 5.4-million sq. ft. mixed-use development, known as Manhattan West, being built as part of the Hudson Yards Redevelopment in New York City. The project consists of two large office towers and two smaller residential towers, as well as a 1.5-acre public park.
  • Represented the equity partner in a joint venture to redevelop an industrial building in Los Angeles as 376 low-income housing units and retail space. Subject to City of Los Angeles housing vouchers, land use restrictive covenants, real estate tax exemption criteria, and public sector welfare subsidy investment, the project required rezoning, environmental remediation, and construction finance.

Services

  • Site Acquisition and Property Assemblage. Conduct site analysis and negotiate acquisition agreements with private, institutional, and governmental property owners.
  • Ownership Structures. Create condominium, record lot, assessment and taxation lot, master lease, and other structures to facilitate separate ownership and financing of portions of a development. Draft necessary sitewide declarations and easement agreements to ensure harmonious construction, ownership, operation, and use of the various portions of the project.
  • Land Use & Zoning and Entitlements. Counsel clients on land use, zoning, easements, and rights of way; obtain necessary entitlements, permitting, and approvals; conduct due diligence of title, surveys, and environmental site issues; and oversee lot subdivision.
  • Joint Ventures. Form joint ventures on behalf of both sponsors and equity investors and negotiate mutually advantageous JV agreements. Advise on core issues of contribution requirements, distribution waterfall, internal governance, and remedial rights and remedies.
  • Real Estate Finance and Tax. Advise on capital structure, including permanent and bridge financing, construction loans, mezzanine loans, preferred equity investments, and syndicated and CMBS loans. Evaluate tax implications of financing structures, including use of Opportunity Zone incentives.
  • Construction. Negotiate design, engineering, and construction contracts; monitor development and address site issues, change orders, and delays; and resolve disputes and handle construction litigation.
  • Leasing and Management. Advance the business plan, whether the goal is to execute an immediate disposition or to own, lease, and manage in the long term. Negotiate lease agreements with sophisticated tenants, review management and compliance procedures, and identify profitable exits.

Distinction

Cozen O’Connor continues to invest heavily in maintaining full-service real estate development capabilities. Unlike many of our Big Law peers who have stepped back from so-called “dirt law” to focus narrowly on high-margin finance work, we have opted to maintain a broad reach for the simple reason that we believe it is best for our clients. The last thing commercial real estate developers and investors need is more siloed advice divorced from reality on the ground. They need advice from experienced attorneys who see both the forest and the trees and are fully prepared to provide coordinated and multidisciplinary guidance throughout the entire course of a development project.  

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Experience

Publications

A CTA Injunction Remains Despite Supreme Court Stay [Alert]

January 27, 2025

Larry Laubach, Ingrid Welch, and Steve Katkov discuss the U.S. Supreme Court decision to stay the injunction issued by the Fifth Circuit Court of Appeals in the case of Texas Top Cop Shop, Inc. v. Garland.

The First Sale Doctrine: A Strategic Tool to Reduce Import Values & Lower Tariffs with U.S. Customs [Alert]

January 09, 2025

Heather Marx, Tom Wallrich, and Kristi Zentner discuss the First Sale Doctrine and how this tried-and-true strategy may be implemented by importers to minimize tariffs.

Update on Enforcement of CTA – Deadlines Extended [Alert]

December 24, 2024

Larry Laubach, Steve Katkov, and Ingrid Welch discuss the Fifth Circuit's granting a stay of the district court’s preliminary injunction entered in the case of Texas Top Cop Shop, Inc., et al. v. Garland, et al. Enforcement of the CTA is back on and reporting companies are required to file their beneficial ownership reports.

Strategies to Minimize Tariff Costs Under the Trump Administration [Alert]

December 12, 2024

Heather Marx, Thomas Wallrich, Kristi Zentner discuss key strategies for companies to minimize tariffs and duties now as a business cost or production input.

“City of Yes for Housing Opportunity” Approved by the City Council [Alert]

December 06, 2024

Vivien Krieger, Rachel Scall, and Meenakshi Srinivasan discuss the new citywide zoning regulations passed by city council to facilitate housing development throughout the five boroughs.

Texas Federal Court Issued Preliminary Injunction on Enforcement of Corporate Transparency Act [Alert]

December 05, 2024

The CTA team discusses the preliminary injunction issued by a Texas-based federal court prohibiting the federal government from enforcing the Corporate Transparency Act on a nationwide basis.

Understanding Indemnification: Protecting Board Members in Co-ops and Condos

December 02, 2024

Leni Cummins discussed personal liability and indemnification of board members in Habitat Magazine's Legal Lessons column.

Corporate Transparency Act Update: NY Coops, Condos and HOAs Advised to Comply [Alert]

October 30, 2024

New York cooperatives, condominiums and homeowner associations are advised to comply with the Corporate Transparency Act by January 1, 2025 to avoid penalties.

Corporate Transparency Act Compliance

October 02, 2024

When it comes into effect on January 1, 2025, the Corporate Transparency Act will require beneficial ownership information for all non-exempt corporations, LLCs, and LPs. Learn more about how to comply in this alert.

FinCEN Issues Final Regulation Requiring the Reporting of Certain Non-Financed, Residential Real Estate Transfers [Alert]

September 30, 2024

Steven Katkov and Matthew Sacchetta discuss FinCEN's final rule requiring real estate professionals to report information about non-financed, residential real estate transfers to combat money laundering.

U.S. Supreme Court Revisits the Right of Local Government to Exact Permit Conditions from Developers [Alert]

April 29, 2024

Steven Katkov, Tom Casparian, and Chris Josten discuss the April 12 California Supreme Court ruling in Sheetz v. El Dorado County that affects how local governments can impose conditions on property developers.

Modernizing Real Property Easements For The 21st Century

March 22, 2022

The Uniform Easement Relocation Act (UERA) was approved by the NCC in 2020 in order to resolve the myriad regional approaches to the relocation of easements.

In The News

Elizabeth Kearney Named a 2025 GlobeSt. Woman of Influence

April 21, 2025

Elizabeth Kearney, vice chair of Cozen O’Connor’s Real Estate practice, has been named a 2025 GlobeSt. Woman of Influence.

Bureaucrats to City: We’ll Keep Housing Ambitions on Track

November 27, 2024

Ken Fisher is quoted in The Real Deal’s article regarding the Department of Housing Preservation and Development’s establishment of affordable housing units.

David Tabak’s and Meyer Lebovits’ Big Borough Park Project Nabs Approvals

November 14, 2024

Ken Fisher is quoted in The Real Deal’s article regarding Brooklyn Yards, a 14-building, 270-unit development that will be constructed on top of a freight rail line.

Cozen O’Connor Brings its Cross-Border Real Estate Practice to Canada, Adding Three Lawyers in Toronto

January 29, 2024

Enzo Sallese, Steven I. Pearlstein, and Andrea Wong — will join its fast-growing North American Real Estate practice.

Second Annual Cozen O’Connor Real Estate Survey Reveals Large Drop in Optimism About New York Market

November 14, 2023

New York City real estate professionals’ confidence in the city’s short-term future dropped by a quarter since last year, while pessimism tripled, according to a survey conducted by the law firm of Cozen O’Connor.

NY Lawmakers Surprised by Hochul’s Reported 421a Revival Talks With REBNY and Labor

July 13, 2023

Ken Fisher is quoted in the Commercial Observer in an article discussing New York Governor Kathy Hochul's attempt to revive a tax incentive for developers through an executive order.

Commercial Real Estate Gets Some Good News in City Council Primary

June 29, 2023

Ken Fisher is quoted in the Commercial Observer discussing the 2023 City Council primary election. Several pro-business candidates won their respective races, signaling a potential shift in the city's approach to real estate policies.

Paul Rutter Named in Los Angeles Business Journal’s LA500 List

June 06, 2023

LOS ANGELES, June 6, 2023 — Paul Rutter, a member of Cozen O’Connor’s Real Estate Practice, has been named to the 2023 LA500 by Los Angeles Business Journal.

Commercial Real Estate Remains Behind Kathy Hochul and Eric Adams — Results or Not

April 17, 2023

Ken Fisher is quoted in a Commercial Observer article on key issues facing the real estate industry, including rising construction costs and affordability concerns. The article discusses Governor Kathy Hochul’s and Mayor Eric Adams’ support for the real estate industry while emphasizing the need for affordable housing and infrastructure investments.

Survey of Real Estate Professionals Finds Strong Optimism About New York City’s Future

October 06, 2022

New York City real estate professionals are feeling optimistic about the city, with anti-real estate sentiment among politicians topping their list of concerns, narrowly edging out the high cost of construction.

Cozen O’Connor Minneapolis Attorney Jon Schoenwetter Named an “Up & Coming” Attorney by Minnesota Lawyer magazine

August 10, 2022

MINNEAPOLIS, August 10, 2022 — Minneapolis attorney Jon Schoenwetter, an associate in Cozen O’Connor’s Real Estate Practice, has been named a 2022 “Up & Coming” attorney by Minnesota Lawyer magazine.

Super Lawyers Names Four Cozen O’Connor Attorneys to 2022 Minnesota List

July 25, 2022

Super Lawyers has named four Cozen O’Connor attorneys to its 2022 Minnesota Super Lawyers and Rising Stars lists.

Chambers Ranks 86 Cozen O’Connor Lawyers, 22 Practice Areas in Chambers USA 2022 Guide

June 02, 2022

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 86 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2022 edition.

49 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

June 01, 2022

Super Lawyers has selected 49 Cozen O'Connor attorneys to the 2022 Pennsylvania Super Lawyers and Rising Stars lists.

Veteran Real Estate Attorney Jon S. Ziefert Joins Cozen O’Connor’s Real Estate Practice Group in New York

May 25, 2022

Ziefert brings a 20-plus-year track record of successfully representing developers, private equity funds, large investors, and institutional lenders in complex real estate investment and development transactions.

Cozen O'Connor Promotes 28 Attorneys to Member

March 25, 2022

Cozen O'Connor promoted 28 attorneys to member in March.

Cozen O’Connor Adds Former Silverstein Properties Executive Vice President and General Counsel Jonathan W. Knipe

March 08, 2021

Knipe has spent the past 15 years with Silverstein Properties, serving in the capacity of chief legal officer and corporate secretary, and was instrumental in the rebuilding of the World Trade Center properties after 9/11.

Kiss the Ring: City Pols Weigh Heavy on Development in These Major Markets

November 09, 2020

Ken Fisher discusses the influence local officials have in changing the skylines of major real estate cities, such as New York, in The Real Deal.

Cozen O’Connor Lands Noted California-based Real Estate Attorney Mitchell Poole

July 06, 2020

Poole, who has for 20-plus years represented general and limited partners investing in national/international real estate funds and joint ventures, joins Cozen O’Connor as a shareholder.

Contacts

David Tiger

Member

dtiger@cozen.com

(202) 912-4899

Robert M. Careless

Vice Chair, Zoning, Land Use & Development

rcareless@cozen.com

(215) 665-4798

Jonathan W. Knipe

Co-Chair, Real Estate

jknipe@cozen.com

(212) 453-3940

Steven P. Katkov

Member

skatkov@cozen.com

(612) 260-9037

Matthew I. Weinstein

Chair, Real Estate Lease Restructuring

matthewweinstein@cozen.com

(215) 665-4199

People

Awards

Chambers Ranks 86 Cozen O’Connor Lawyers, 22 Practice Areas in Chambers USA 2022 Guide

June 02, 2022

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 86 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2022 edition.

49 Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

June 01, 2022

Super Lawyers has selected 49 Cozen O'Connor attorneys to the 2022 Pennsylvania Super Lawyers and Rising Stars lists.

Cozen O'Connor Promotes 28 Attorneys to Member

March 25, 2022

Cozen O'Connor promoted 28 attorneys to member in March.

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