
Overview
Brad uses his legal and business knowledge to represent clients in a wide range of transactional and other matters. These matters have involved real estate of all types (including mixed-use projects), development, joint ventures (including preferred equity structures), construction, financings, mergers, receivership, foreclosure, bankruptcy, litigation and arbitration.
Brad’s practice focuses on real estate and commercial finance, including acquisitions, dispositions, development and leasing matters, including: public-private partnership (P3) real estate development (including tax-exempt bond financing); mezzanine financing; tenant-in-common (TIC), air rights and ground lease structures; letters of credit; workouts and restructurings. His extensive experience includes representation of national clients of all types. From this experience, Brad has become a nationally known attorney who has been quoted in news publications including the Wall Street Journal.
Experience
Representative Work
Transactional Experience
- Representation of national lenders and investors in purchases and sales of commercial real estate and loans in transactions ranging up to several hundred million dollars
- Representation of a national institutional asset manager in its real estate investments, including joint venture and preferred equity investments
- Represented a regional developer/managing member in $30+ million mixed-use development financing structure, including preferred equity and construction loan
- Counsel to administrative agent in connection with $625 million senior secured credit facilities for commercial gaming operations in Nevada
- Represented owner/borrower in refinancing of its New York City boutique hotel, including deposit account control agreement
- Represented a 501(c)(3) charitable organization in a $118,300,000 public-private partnership development/construction and financing in Florida
- Represented a national lender in a $208,500,000 financing of an office/retail building in Boston
- Represented a REIT in the $61,500,000 acquisition of a multi-site industrial-warehouse complex
- Represented a CMBS lender in a $389,000,000 portfolio financing involving properties in 14 states
Litigation and Bankruptcy Experience
- Workouts, loan modifications, forbearance agreements, discounted payoffs and deed-in-lieu of foreclosure agreements
- Contested receiverships and judicial and non-judicial foreclosures
- U.S. Bank, Nat’l Ass’n, et al. v. RBP Realty, LLC, 888 N.W.2d 699 (Minn. Ct. App. 2016) (borrower’s right to redeem from foreclosure by advertisement unimpaired by purported redemption waiver)
- In re: DBSI, Inc., et al., Case No. 08-12687 (Bankr. Del. 2008) (counsel for hundreds of creditors in DBSI Inc. bankruptcy, one of the most complex bankruptcies filed in the District of Delaware)
Industries & Practices
Banking & Financial Institutions
Explore This Practice View client achievements related to this practice View resources related to this practiceBankruptcy & Financial Restructuring
Explore This Practice View client achievements related to this practice View resources related to this practiceDevelopment & Infrastructure
Explore This Practice View client achievements related to this practice View resources related to this practiceEnergy & Natural Resources
Explore This Practice View client achievements related to this practice View resources related to this practiceFood, Beverage & Agribusiness
Explore This Practice View client achievements related to this practice View resources related to this practiceProject Development & Finance
Explore This Practice View client achievements related to this practice View resources related to this practicePublic-Private Partnerships
Explore This Practice View client achievements related to this practice View resources related to this practice- Banking & Financial Institutions
- Bankruptcy & Financial Restructuring
- Construction & Design
- Development & Infrastructure
- Energy & Natural Resources
- Food, Beverage & Agribusiness
- Investment Management
- Lending Transactions
- Private Equity
- Project Development & Finance
- Public-Private Partnerships
- Real Estate & Land Use
Professional & Civic
Professional Achievements
- American Bar Association (Business Law and Real Property, Probate and Trust Law Sections; Construction Lending, Mortgage Lending, Real Estate Financing; Workouts, Foreclosures and Bankruptcies; and Legal Opinions in Real Estate Transactions Committees; ABA Advisory Panel)
- NAIOP (formerly the National Association of Industrial and Office Properties), Member
- Minnesota State Bar Association (Real Property and Business Law Sections)
- Dakota County Bar Association
- Federal Bar Association
Community Involvement
- Habitat for Humanity, Dallas, TX (1995, volunteer)
- Rebuild Resources, Inc., St. Paul, MN (1998-1999, pro bono counsel)
- Penumbra Theater, St. Paul, MN (1998-2000, pro bono counsel)
- Meals on Wheels, St. Paul, MN (1998-present, delivery volunteer)
- Aeon, Minneapolis, MN (2007-2012, Cornerstone member)
- LegalCORPS, Minneapolis, MN (2009-present, volunteer)
Accolades
- Contributed more than 50 Challenge pro bono hours, 2020
- Listed in Best Lawyers in America©, 2021-2022
- “Rising Star” - Minnesota Law & Politics in 2001, 2006, 2007 and 2008
- Certificate of Achievement - Office of Staff Judge Advocate, U.S. Combined Arms Command, 1992
- American Jurisprudence Award, Contracts I, 1991
- Presidential Scholar – University of Northern Iowa, 1987
