Skip to main content

Commercial Real Estate Financing 2020

Speaker(s): Christopher J. Carolan, Daniel B. Rubock, Diana M. Brummer, Ellen M. Goodwin, Emilie Cooper, Gary A. Goodman, Gregory P. Pressman, Janice Mac Avoy, Joseph Philip Forte, Joshua Stein, Kahlil T. Yearwood, Kimberly Brown Blacklow, Mindy H. Stern, Nancy Ann Connery, Richard S. Fries, Schuyler G. Carroll
Recorded on: Mar. 31, 2020
PLI Program #: 278548

Emilie B. Cooper is a partner and member of the Real Estate and Litigation Departments, resident in the New York office. Ms. Cooper is an accomplished litigator and trusted advisor with significant experience handling complex commercial disputes in the real estate and hospitality arenas.

Ms. Cooper has successfully represented companies and individuals, including real estate and hotel investors, developers, lenders, landlords, owners, managers, and operators, in a wide variety of matters including in connection with partnership disputes, breach of contract claims, leasing disputes, commercial tort suits and foreclosures. Her in-depth knowledge of all aspects the real estate industry has proven invaluable to her clients, whether as plaintiffs or defendants. In particular, her understanding their business and operational environment enables her to litigate more effectively, and adopt a practical, solution-oriented approach in all of her cases. She also works hand-in-hand with her transactional colleagues to advise clients concerning the potential litigation implications of their agreements and to provide a litigator's point of view in a transactional context.

Representative matters that Ms. Cooper has been involved in include:
  • Providing ongoing advice to a commercial landlord concerning leasing and other issues in light of COVID-19.
  • Obtaining a preliminary injunction for the manager of a 600-room hotel in Times Square preventing the premature termination of a hotel management agreement.
  • Representing the developer of a building on Billionaires' Row in a claim on a performance bond.
  • Litigating a jury trial on behalf of a private plaintiff pursuing securities fraud claims for insider trading and market manipulation.
  • Representing minority partner in portfolio of over 20 buildings in numerous suits involving claims for fraud, breach of fiduciary duty, breach of contract, rescission, and imposition of a constructive trust.
  • Defending the developer of a luxury residential building in downtown Manhattan in connection with a claim for a brokerage commission.
  • Arbitrating a dispute for a major boutique hotel operator concerning fees owed pursuant to a management agreement for a well-known hotel located in Los Angeles.
  • Representing lenders in foreclosing on over US$300 million of loans secured by two midtown hotels, and in pursuing personal guaranties provided by borrower's principals in connection with the loans.
Ms. Cooper has been named a New York Metro Super Lawyers Rising Star by Thomson Reuters each year from 2015-2020, and was recognized as a “Leading Lady in Real Estate” by Real Estate Weekly in 2019.

Ms. Cooper regularly publishes articles concerning litigation developments that are pertinent to the real estate industry, and authored Lexis Practice Advisor's Practice Note: Commercial Mortgage Foreclosure (NY). She has presented seminars and CLEs on contract interpretation from a real estate litigator's point of view, the implications of COVID-19 on the real estate industry, and leasing litigation issues.

Ms. Cooper is the Chair of the Georgetown Law NYC Regional Engagement Council, sits on the Advisory Board for the annual Hotel & Lodging Legal Summit, and is a proud member of Chief. She also maintains an active pro bono practice, and has successfully obtained asylum for several clients fleeing persecution, including an Ethiopian orphan who originally came to the United States to seek medical treatment for complications from her amputated leg. 

Prior to joining Fried Frank, Ms. Cooper was a partner in the New York office of a national firm and at a New York-based litigation boutique.

Bar Admissions/Licensed Jurisdictions

New York, the United States Supreme Court, the US District Courts for the Southern and Eastern Districts of New York, and the United States Court of Appeals for the Second Circuit.

Christopher Carolan is an experienced debt finance and corporate attorney. He has led engagements on behalf of arrangers, agents, lenders, borrowers and issuers involved in commodities, retail, technology, telecommunications, media, real estate, healthcare, oil and gas, waste, renewable energy and manufacturing. Chris’ lending clients provide first lien, second lien or mezzanine financing, and are comprised of global financial institutions, regional banks, funds, venture capital investors, private individuals or family offices. His borrower clients include publicly traded entities, REITs, funds, closely held companies and private equity owned portfolio companies of all sizes.

Chris has extensive experience with syndicated credit facilities, letters of credit, receivables purchase transactions, mortgage repurchase transactions and mortgage warehouse lines of credit. He often handles transactions that raise international or cross-border collateral and guaranty issues and complex intercreditor arrangements. He works closely with his borrower clients to understand their strategies and businesses, and to help position them for future growth. Additionally, offering “360-degree” service to his clients, Chris has handled workouts and restructurings of problem loans and distressed borrowers, working seamlessly with bankruptcy counsel when needed.

He also represents venture capital and private equity investors in connection with their creation, fund formation, capital raising, investments, acquisitions and divestitures. In this capacity, he serves as outside general counsel to a leading venture capital management firm that invests in, manages and provides growth support to the highest quality companies in the information security, management and analytics sectors.

Chris earned his J.D. from New York University School of Law, where he was Notes Development Editor of the NYU Law Review.  He hold a B.A. (magna cum laude) and M.A. from Fordham University. 

Diana Brummer is a partner in the firm’s Real Estate Industry group. Ms. Brummer’s experience spans the spectrum of commercial real estate transactions with a particular emphasis on complex joint ventures, senior, construction and mezzanine financings (for both lenders and borrowers), acquisitions and dispositions, loan workouts, real estate recapitalizations and development. 

Ms. Brummer represents a wide variety of client types, including institutional investors, pension funds, private real estate funds and public and private REITs, as well as their investment advisers.  She also regularly counsels her clients on all aspects of managing distressed real estate assets.

Prior to joining Goodwin in 2018, Ms. Brummer was a partner at Stroock & Stroock & Lavan LLP. She previously practiced at Cleary Gottlieb Steen & Hamilton LLP, spending more than two years in their Tokyo office. Ms. Brummer lived in Japan for a total of five years and is proficient in Japanese.

Professional Activities

Ms. Brummer is a member of the Leadership Advisory Committee of the National Women’s Law Institute and is also active in pro bono matters. She is a member of CREW New York and the Association of the Bar of the City of New York.


Ms. Brummer has been recognized in the Real Estate: New York category of Chambers USA and has also been nationally recommended by The Legal 500 United States

Ms. Brummer was recognized in several years of New York Real Estate Journal’s Women in Real Estate Spotlight for exceptional work in the New York City metro area. Real Estate New York Magazine named Ms. Brummer as one of its “Rising Stars” in the commercial real estate industry.


  • J.D., Cornell Law School, 1998 (magna cum laude) Order of the Coif; Articles Editor, Cornell Law Review; Kerr Prize for Academic Excellence
  • B.A., University of Illinois, 1994 (with distinction) Tyler Award for Excellence in East Asian Studies


  • Ms. Brummer is admitted to practice in New York.
  • Clerkships
  • U.S. Court of Appeals for the Second Circuit, Honorable Richard J. Cardamone


Ellen Goodwin is a partner in the New York office of Alston & Bird’s Real Estate Finance & Investment Group and the former co-chair of the group. Ellen concentrates her practice on commercial real estate finance and has represented investment banks, commercial banks, funds, and insurance companies on a variety of loan transactions for both securitizations and portfolios, including construction loan financings, loan syndications and participations, co-lending and senior/subordinate arrangements, and mezzanine finance. She acts as form and program counsel for a number of active CMBS, balance sheet, and bridge lenders. Ellen’s experience extends to the workout, restructuring, and foreclosure of both securitized and portfolio mortgage loans, and she has extensive experience working with special servicers. She represents both sellers and purchasers of whole loans, subordinate debt, and mezzanine loans.

Ellen is a frequent lecturer on topics concerning real estate finance and workouts and restructurings of mortgage and mezzanine loans. She speaks regularly for the Practising Law Institute, New York State Bar Association, New York City Bar Association, ACREL, and International Council of Shopping Centers.

Ellen has been listed in The Best Lawyers in America© in the Real Estate New York category since 2012 and in The Best Lawyers® Business Edition 2017 – Women in the Law. In 2020, she was recognized as a “Woman of Influence” in commercial real estate by GlobeSt. Real Estate Forum.

Gary Goodman is a Real Estate partner with extensive experience with real estate financing transactions, representing domestic and foreign institutional lenders and borrowers in fee and leasehold construction and term financings, refinancings, mezzanine financings and workouts. Gary routinely represents agent banks in syndicated loans and in dealing with the co-lenders not only during the syndication process, but also during the term of the loan. He also represents prospective co-lenders and participating banks who are considering becoming part of existing bank groups.

Gary has assisted clients in US$7 billion-plus in financings over the past two years. His most recent experience includes the representation of:

  • Major international bank in its capacity as administrative agent and joint lead arranger in a five-bank syndicate making a US$465 million acquisition and construction loan with respect to a major Midtown West office tower in Manhattan.
  • Major international bank in its capacity as administrative agent and lead arranger in a four-bank syndicate making a US$615 million floating-rate mortgage to a newly expanded, high-end retail property in Las Vegas. The client funded about two-thirds of the US$615 million loan.
  • Major international bank in its capacity as administrative agent, lead arranger and a lender in a four-bank syndicate of banks making a US$360 million first mortgage loan secured by a major midtown Manhattan office building.
  • Two major international insurance companies making a US$500 million first mortgage loan on a major Midtown Manhattan office building.

Gary is recognized as a leader in superior client service for Real Estate by BTI Client Service All-Stars (2016-2019) and as one of the New York metro area’s top real estate lawyers by Super Lawyers. He is a fellow of the American College of Real Estate Lawyers (ACREL) and American College of Mortgage Attorneys (ACMA), and member of the Association of Foreign Investors in Real Estate (AFIRE), International Council of Shopping Centers, Real Estate Board of New York, Mortgage Bankers Association of America and the CRE Finance Council.

Gary is a graduate of New York University’s School of Law and the University of Rochester, where he earned a BA in History (summa cum laude) and Economics (with honors).

Gregory P. Pressman focuses his practice at Schulte Roth & Zabel on real estate acquisition and development, real estate lending and finance, including securitized financing, joint ventures, real estate taxation, debt restructures and workouts, cooperative and condominium development and conversion, and commercial leasing.

Greg is a member of the New York State Bar Association. He serves on the Executive Committee of the State Bar Association’s Real Property Law Section and is a longstanding member of the Section’s Committee on Condominiums and Cooperatives. He also currently co-chairs the Section’s Legal Opinion Committee. In 2002, Greg was elected to the American College of Real Estate Lawyers. A prolific author and frequent public speaker, Greg has written numerous articles on real estate law for the New York Law Journal and has lectured on such real estate-related topics as real estate bankruptcies, loan workouts (including the impact of securitization on a restructuring), the closing process, and drafting commercial real estate loan documents. After receiving his undergraduate degree, cum laude, from Harvard College, Greg went on to earn an LL.B. from the University of Pennsylvania Law School and an LL.M. in Taxation from New York University School of Law.

Janice Mac Avoy is a member of the Real Estate Department and the Litigation Department, co-head of the Real Estate Litigation Practice Group and a member of the Firm's Pro Bono Committee.
Ms. Mac Avoy concentrates her practice in complex real estate-related transactions and disputes, commercial litigation and arbitration, complex commercial landlord tenant disputes and commercial fair market rent arbitrations. She also has extensive experience in creditor’s rights, including complex commercial real estate mortgage foreclosures and UCC foreclosures, workouts and restructuring of real estate secured debt. Ms. Mac Avoy works with the Firm’s Real Estate Department on transactions in order to resolve issues without resorting to litigation.

Ms. Mac Avoy’s clients include commercial landlords and tenants, lenders and investors, broker-dealers and multinational corporations as well as individuals involved in commercial disputes. A significant amount of Ms. Mac Avoy’s practice includes advising clients on complex securitized debt in which the underlying assets are real estate, including the enforcement of lender’s rights, acquisition and divestitures of real estate secured debt and the restructuring of real estate secured debt. She also advises clients in complex partnership and joint venture disputes.

Ms. Mac Avoy has created seminars and CLE presentations on, among other things, the basics of real estate restructuring and workouts, mezzanine loan foreclosures under the UCC and the parameters of the attorney-client privilege in the corporate context. Ms. Mac Avoy has also published articles on lender liability claims, developments in the law of attorney-client privilege, electronic discovery and the appropriate use of email.

Ms. Mac Avoy is ranked by Chambers USA: America's Leading Lawyers for Business for Real Estate Litigation, which describes her as “the best real estate litigator in New York.”

Ms. Mac Avoy received the “Courage Award” from The Women Lawyers Association of Los Angeles for her exceptional dedication and commitment in the fight to protect women’s reproductive freedom. She received the "Commitment to Justice Award" for her extensive work on and long-term commitment to family law cases referred to her by Her Justice (formerly inMotion). In addition, she was honored with the 2018 Zero Tolerance Award by Sanctuary for Families at the annual Zero Tolerance gala for her lifelong commitment to the protection and empowerment of women. In 2019, Ms. Mac Avoy was admitted as a member to the American College of Real Estate Lawyers (ACREL), a premier organization of US real estate lawyers.

Ms. Mac Avoy is regularly named among Crain's New York Business' list of Notable Women in Law, a feature honoring achievements of the brightest and boldest legal minds with both distinguished careers and exceptional civic and philanthropic activities. In 2019, Globe St. Real Estate Forum named Ms. Mac Avoy to its Women of Influence feature, which recognizes remarkable commercial real estate professionals. Ms. Mac Avoy also was inducted into Real Estate Forum’s “Women of Influence” Hall of Fame, and has been named by Super Lawyers as one of the Top 50 Women in New York.
Ms. Mac Avoy serves on the boards for Sanctuary for Families and the Center for Reproductive Rights. She is a member of the American College of Real Estate Lawyers (ACREL), the American Law Institute and the CREW Network (The Association of Commercial Real Estate Women), as well as a member and voting representative of the CRE Finance Council.

Ms. Mac Avoy received her JD from Columbia Law School in 1988, where she was a Harlan Fiske Stone Scholar and associate editor of the Law Review. She received her BA, summa cum laude, from Washington University in St. Louis in 1985, where she was a member of the Phi Beta Kappa society and has since been recognized as a distinguished alumna. Ms. Mac Avoy is admitted to practice in New York; the United States District Courts for the Southern and Eastern Districts of New York; the United States District Court for the Eastern District of Michigan; and the United States Courts of Appeal for the Second, Third and Ninth Circuits.


Joseph Philip Forte was recently named General Counsel for AmTrust Title Insurance Company.  Prior to taking on this role, Mr. Forte was in private practice as a partner in several major New York law firms and has substantial experience in commercial real estate capital markets and finance, with a particular emphasis on the origination, structuring, workout and enforcement of commercial mortgage loans, having closed tens of billions of dollars during his 47 years in private practice, including permanent, bridge and construction mortgage lending; mezzanine finance; pari passu and subordinate debt; co-lending and participation agreements; loan sales and purchases; loan workouts, foreclosures and restructurings; and environmental risk management for lenders. Through six cycles of downturns and recoveries of real estate markets, Joe has been at the forefront of many major innovations and reform in the real estate finance industry, including the development of the secondary and securitization mortgage markets; reform of Dodd Frank Act’s Basel III High Volatility Commercial Real Estate (HVCRE) Rule; and working with industry on the transition away from LIBOR.

Widely recognized as a leader in the real estate finance industry, Joe has received the Commercial Real Estate Finance Council’s (CREFC) Founder’s Award (2001), the Mortgage Bankers Association of America’s Distinguished Service Award (1998) and the CREFC’s Leadership Award for his service as President (1998-1999) and since 2000, he has regularly been highlighted by Chambers for his real estate practice. Joe has been recognized annually by The International Who’s Who of Real Estate Lawyers (WWL) as one of the top 10 most highly regarded lawyers, and from 2010 to 2013 and 2017 and 2018 as "Global Real Estate Lawyer of the Year". Joe was featured in the Real Estate chapter of the inaugural Who’s Who Legal: Thought Leaders 2017, and thereafter. In 2019, he received the WWL’s highest accolade its Lifetime Achievement Award as “a pioneering figure in real estate financing” working “at the forefront of commercial real estate reform.”

Joe has also been recognized in the Euromoney Guides to the World’s Leading Real Estate Lawyers, Construction and Real Estate Lawyers, Structured Finance and Securitization Lawyers and Banking Finance and Transactional Lawyers, The Legal 500, as well as Best of the Best-United States, Best of the Best-Globally, and Best of the Best, and as "Highly Recommended" by PLC Corporate Real Estate Leading Lawyers Guide. Joe is regularly chosen as a Super Lawyer in New York and is listed in The Best Lawyers in America. Joe frequently publishes and speaks on mortgage finance and workouts, capital markets, regulatory and related issues and is the recipient of several “Best Article” awards from legal and industry publications on commercial real estate finance topics; is the founder and publisher of CREFC’s CRE Finance World magazine since 1999; and is the Contributing Editor of Lexology’s annual Getting the Deal Through - Real Estate and author of that publication’s annual Global Overview and USA Chapter since 2013. He is a fellow of the American College of Real Estate Lawyers, the American College of Mortgage Attorneys, and the Anglo American Real Property Institute, which he served as Chair in 2015 as well as the New York City and New York State Bar Associations.  Joe is active in MBA, CREFC and The Real Estate Roundtable and their working groups.

Joshua Stein is the sole principal of Joshua Stein PLLC, a boutique commercial real estate law firm that he formed in Midtown Manhattan after 20+ years as a partner at a leading global law firm. His firm celebrated its 10th anniversary in 2020. His practice focuses on acquisitions, development, financing, hotels, leasing (particularly ground leases), and loans. He acts regularly as an expert witness and occasionally as an arbitrator or mediator. He is a member of the American College of Real Estate Lawyers, the Association for Real Property and Infrastructure (ARPI), and the American College of Mortgage Attorneys. Since 1997, he has chaired the Practising Law Institute’s annual two-day seminar on commercial real estate financing. He chaired the New York State Bar Association Real Property Law Section for the year ending in May 2006. He has written five books and more than 300 articles on commercial real estate law and practice, many available at His name regularly appears in published lists of leading lawyers, such as the Chambers guides, International Who’s Who of Business Lawyers, Best Lawyers, and Super Lawyers. He received his undergraduate degree from UC Berkeley and his law degree from Columbia, where he was a Harlan Fiske Stone Scholar and a managing editor of the Columbia Law Review.

Kahlil T. Yearwood is Co-Partner-in-Charge of the San Francisco office of Gibson, Dunn & Crutcher, where he serves as a member of the firm’s Real Estate Department, with a practice focused on commercial real estate finance and capital markets.

Mr. Yearwood represents various portfolio lenders (including specialty finance companies, life insurance companies, hedge funds, and banks), debt fund managers, private equity firms, CMBS lenders, and loan servicers in transactions involving loan origination, loan purchases and sales, subordinate debt financing and acquisition, post-closing modifications, and work-outs.

Mr. Yearwood is consistently ranked as a leading lawyer for Real Estate in California by legal directory Chambers USA, where he is recognized as having a “celebrated lender-side practice, advising on high-value transactions involving properties across the US,” and noted by clients as being “great at coming up with flexible and creative solutions in situations that require something outside the box.”

In addition, he has been listed as a recommended lawyer for Real Estate and Structured Finance by The Legal 500 (U.S.).

Mr. Yearwood is a member of the American College of Real Estate Lawyers, a fellow in the American College of Mortgage Attorneys and a frequent speaker on commercial real estate lending and subordinate debt structures.

Prior to joining the firm, Mr. Yearwood practiced with Dechert LLP since 2005.  He received his Juris Doctor in 2005 from the University of California, Berkeley.  He received his undergraduate degree in 2001 from the University of California, Berkeley.

Kimberly Blacklow is a partner at Cleary Gottlieb Steen & Hamilton LLP in the New York office.  Kim’s practice focuses on commercial real estate finance transactions in both the U.S. and abroad.

Kim regularly represents commercial banks, REITs and U.S. and foreign debt funds in commercial mortgage and mezzanine loan financings, including construction loans, Sharia-compliant financings and related intercreditor arrangements, and is a leading practitioner advising on the financing of mortgage and mezzanine whole loans and portfolios through, among other things, repo, secured loan, loan-on-loan and participation structures.  Kim also has significant experience counselling clients in connection with loan workouts and restructurings, foreclosure planning and real estate bankruptcies.  

In addition to her regular practice, Kim has significant pro bono experience, including guiding the Lower Manhattan Cultural Council in the establishment of The Arts Center at Governors Island in New York City. For this and other efforts, she was acknowledged as the “Real Estate Lawyer of the Year” at Euromoney Legal Media Group’s annual Americas Women in Business Law Awards in 2013 and 2019.

Kim joined the firm in 1994 and became a partner in 2003. From 1999 to 2000 she was resident in the firm’s Tokyo office.  She received her J.D. from Columbia Law School and her A.B. from Harvard College.

Ms. Connery is a member of the American College of Real Estate Lawyers, and has been designated a “Super Lawyer”©.  She’s the former chair of the Committee on Real Property Law and of the Committee on Cooperative and Condominium Law at the New York City Bar Association, is a member of the Executive Committee of the New York State Real Property Law Section, and a former chair of the ABA Leasing Group’s Assignment and Subletting Committee.  She’s also a chapter author for “Negotiating and Drafting Commercial Leases” and for Commercial Real Estate Transactions Handbook.

Richard Fries practices law in New York City and is a co-leader of the real estate group at Sidley Austin.  He is well-known throughout the New York and national legal, real estate and finance communities.  Richard focuses his practice on a wide array of complex real estate financing transactions, in which he represents leading national and global institutional lenders, investment banks and private equity firms.  Mr. Fries is particularly well-known for his work in high-profile distressed commercial loan workouts spanning all real estate asset classes, including office, hospitality, shopping centers, ground-up construction and apartment complexes.  He has developed a noteworthy practice at the crossroads of real estate finance, workouts and remedies, using litigation tools to restructure real estate loans and projects. 

In January 2018, Mr. Fries was awarded the New York State Bar Association Real Property Law Section’s Professionalism Award, its most significant honor, which recognizes lawyers who evidence the highest attributes of legal ability, achievement, civility and professionalism in the practice of law.

Mr. Fries has been recognized by Chambers USA in Band 1 each year from 2009 through 2020 in New York and in Band 1 nationally in 2013 (the year such rankings began) through 2017 (and in Band 2 in 2018 through 2020) and named by Best Lawyers as its Real Estate Litigation Lawyer of the Year in New York City for 2019.  He is recommended in The Legal 500 United States for Real Estate, The International Who’s Who of Real Estate Lawyers, The Guide to the World’s Leading Lawyers and The Best Lawyers in America which also named Richard as its Litigation - Real Estate “Lawyer of the Year” in New York City in 2013.  In September 2020, he was recognized by Super Lawyers as one of its Top Ten Lawyers in New York.  In 2016, Mr. Fries was named to the inaugural edition of Who’s Who Legal: Thought Leaders 2017 as one of their top 10 best performing real estate lawyers worldwide.  In 2015, for the second consecutive year, Who’s Who Legal acknowledged Richard as one of the ten “Most Highly Regarded” real estate lawyers in North America.  He is a fellow of the American College of Real Estate Attorneys and the American College of Mortgage Attorneys.

Richard is a member of the Executive Committee of the Real Property Law Section of the New York State Bar Association.  He is co-chair of the Section’s Real Estate Finance Sub-Committee; he has co-chaired the Workouts and Bankruptcy Committee, the Legislation Committee and the Membership Committee.  Richard has lectured on a variety of important and timely topics for Practising Law Institute, the New York State Bar Association, the Mortgage Bankers Association and industry group programs on real estate finance, real estate workouts and remedies.

Richard has written extensively; his articles have been published regularly in the New York Law Journal (most recently in June 2020) on the latest distressed loan workout strategies and structures and the Real Property Law Section’s Journal (most recently Fall 2020).  He has provided primers and road maps on loan workouts and enforcement remedies; he has analyzed New York’s “Rocket Docket” accelerated adjudication techniques; he has commented on controversial appellate decisions.  Over the past several years, he co-authored several articles on changes and trends in real estate finance.

Schuyler Carroll serves as a trusted advisor to a wide range of clients, helping them develop solutions and strategic alternatives to their most complex restructuring matters. His practice focuses primarily on Chapter 11, 15 and 7 bankruptcy proceedings; distressed acquisitions; creditors’ rights enforcement; and litigation and advisory work. Clients also turn to him for out-of-court workouts and non-judicial reorganizations and restructurings.

Schuyler represents debtors, creditor committees, trade creditors, claims traders, and secured and unsecured creditors across a wide range of industries, including financial services, real estate, health care, retail, manufacturing, e-commerce, technology, telecommunications and hospitality.

He is particularly skilled in counseling parties on potential bankruptcy issues related to nonbankruptcy transactions such as investments, loans, and mergers and acquisitions. Schuyler also often represents buyers and sellers of distressed debt and equity, and he has extensive experience representing acquirers of assets of insolvent and bankrupt companies.

Schuyler has in-depth experience in enforcement of creditors’ rights and litigation in creditors’ rights in state and federal courts.  His litigation background includes fraud claims, loan recovery and collection actions, fraudulent conveyance actions, foreclosures and replevin actions, enforcement proceedings, reclamation and other actions under the Uniform Commercial Code, loan participation and syndication actions, defense of lender liability, and usury and fraud claims.

Mindy H. Stern, a partner of the firm, concentrates in real estate, estate planning and estate administration. Her real estate practice includes sales, acquisitions, leasing and financing on behalf of for profit and non-profit entities, public companies, and individuals. Her trusts and estate practice includes counseling clients on all aspects of estate planning to achieve their family wealth transfer, asset protection, philanthropic and other goals and integrating that planning with their changes in marital status and life partner relationships, as well as representing fiduciaries and beneficiaries in the administration of trusts and estates. Ms. Stern is a former Chair of the Real Property Law Section of the New York State Bar Association and is a member of that Section's Executive Committee. Ms. Stern is a former Chair of the Association of the Bar of the City of New York's Committee on Real Property Law. Ms. Stern was an Adjunct Professor at Benjamin N. Cardozo School of Law from 2007 through 2014, where she taught a Real Estate Contract Drafting course. She has lectured for the New York State Bar Association, Practicing Law Institute, the Real Estate Institute of New York University, Rossdale Seminars, and the Association of the Bar of the City of New York and authored numerous articles on a variety of real estate related topics. Ms. Stern is a member of the American College of Real Estate Lawyers, has been voted by her peers to be a New York Metro Super Lawyer since 2008 (and in 2015 was named by Super Lawyers to be one of the top 100 attorneys in the New York City Metro area, and between 2015 and 2017 was named one of the top 50 women attorneys in the New York City Metro area), Ms. Stern chairs the Board of Trustees of The Playwrights Realm, a nonprofit Off- Broadway theater company founded in 2007 devoted to supporting early-career playwrights.

Dan Rubock is Senior Vice President and senior counsel with the Commercial Real Estate Finance Group at Moody’s Investors Service, helping Moody’s develop its policy for structural and legal issues in CMBS.

Prior to joining Moody’s in 1999, Dan practiced law with Cadwalader Wickersham & Taft, Dechert Price & Rhoads and White & Case, concentrating in commercial real estate law and real estate litigation.

Dan is a graduate of Yale College and Columbia Law School. He was elected a Fellow of the American College of Real Estate Lawyers in 2007, is a Certified Mortgage Banker, and is a member of the editorial board of CRE Finance World.