Real Estate

Our partners have experience in high-stakes real estate and real estate finance disputes, including residential and commercial mortgage-backed securities litigation, where we have recovered hundreds of millions of dollars for our clients through major trial and settlement victories. We have also successfully represented investment funds, trusts, real estate developers, and individuals in a range of disputes arising from complex real estate transactions, including contract disputes, earn-out litigation, busted deals, and cases alleging breach of fiduciary duty. 

We secure wins for our clients in the real estate and real estate finance space by combining our litigation and trial expertise and our extensive experience dealing with the most complex commercial transactions and financial instruments of all kinds.  

Our representative work includes:

  • Won a trial victory in New York federal court on behalf of U.S. Bank in an RMBS trustee putback action, which resulted in a recovery of $850 million, the largest recovery ever in such a case.
  • Won dismissal of all claims against executives of Paulson & Co.’s MSR Hotels & Resorts alleging breaches of fiduciary duty in connection with the sale of four luxury resorts. 
  • Won dismissal of all claims against investment fund alleging that the fund breached a term sheet and contract to sell interests in a portfolio of properties.
  • Won complete arbitration victory following a five-day hearing for a confidential hedge fund, in a contractual dispute relating to earn-out provisions governing complex real estate transaction.
  • Won a unanimous reversal from New York’s Appellate Division reversing a trial court decision that had ordered a developer to tear down numerous floors of its residential building at 200 Amsterdam Avenue on Manhattan’s Upper West Side.
  • After a string of court victories before multiple federal judges, obtained $590 million in settlement recoveries for the ResCap Liquidating Trust on its claims against loan originators seeking damages arising from the sale of defective mortgage loans.
  • Won an arbitration victory for a confidential hedge fund in connection with a dispute over earn-out payments due under a joint venture agreement relating to a real estate venture.
  • Obtained a favorable settlement for Dataminr in a real estate dispute concerning Dataminr’s rights under its membership agreement with WeWork following WeWork’s declaration of bankruptcy in 2023.
  • Currently representing Sol Goldman Investments in a lawsuit involving heirs of SolGoldman who built a New York City real estate business worth billions of dollars which is now led by Jane Goldman.