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Commercial Real Estate Institute 2015 (17th Annual)


Speaker(s): Brian S. Rosen, Deirdre A. Carson, Diana M. Brummer, Donald Frey, Elliot L. Hurwitz, Frank Carroll, Jeffrey Fitts, Jill Hayman, Larry D. Harris, Menachem J. Kastner, Mitchell D. Haddad, Philip E. Karmel, Philipp J. Bischoff, Robert J. Bergson, Ronald D. Sernau, Steven G. Horowitz, Steven L. Wilner
Recorded on: Dec. 1, 2015
PLI Program #: 57206

Mitchell D. Haddad is a Member of Sills Cummis & Gross, P.C. and Co-Chair of the Firm’s New York Real Estate Litigation Department. His practice focuses on complex real estate and commercial litigation, creditors’ rights, workouts and corporate litigation. He is a seasoned and experienced trial lawyer, and has argued appeals and participated in arbitrations and mediations on a wide variety of matters. He works with clients and the Firm’s Real Estate Department on transactions to provide advice and to resolve issues and disputes prior to and as a means to resolve potential litigation. In more than thirty years of practice, he has won judgments, recovered assets, and  obtained favorable settlements and financial relief on behalf of his clients in excess of $750,000,000.

Some of his notable representations include defending an action seeking specific performance of a long-term lease for the development and operation of a midtown Manhattan hotel or, alternatively, $100 million in damages. He obtained and collected upon a $25 million deficiency judgment following a 12-day hearing. He obtained a $95 million judgment and a $45 million judgment in favor of two separate lenders, and defended a developer in an action to foreclose upon a $17 million second mortgage encumbering an entire city block in Brooklyn, New York. Mr. Haddad obtained summary judgment dismissing claims seeking $25 million in damages for breach of contract and fraud arising out of an oral joint venture agreement to develop real property.

Prior to joining Sills Cummis & Gross, Mr. Haddad spent thirteen years at Weil Gotshal & Manges LLP, where, among other major matters, he successfully led teams of attorneys foreclosing upon a portfolio of commercial mortgages on behalf of a leading international lender, and repossessing a jumbo jet in Miami, Florida leased by an international airline. He coordinated and supervised outside counsel in successfully liquidating more than twenty recycling facilities in nine states pursuant to an assignment for the benefit of creditors on behalf of a secured creditor. He represented a major international corporation in arbitration to determine the fair annual market rental value for the last five years of a multi-floor lease term, in which the arbitrator determined that the value was $20 million less than the landlord had sought. Mr. Haddad succeeded at both the trial and appellate levels in a case in which the plaintiff sought – and was denied – various easements to a private park and a private street in lower Manhattan.

He successfully represented a consortium of institutional lenders in prosecuting the foreclosure of membership interests in a limited liability company that owned and operated a power generating facility in Connecticut.

Mr. Haddad has been selected for inclusion in the 2012-2017 editions of New York Metro Super Lawyers published by Thompson Reuters under Real Estate and Business Litigation.


Deirdre Carson has more than 25 years of experience as a New York land use and co-op/condo lawyer. She has represented developers, real estate investors and educational institutions in land use and zoning matters, with associated environmental quality reviews, as well as in cooperative and condominium legal matters, before the City’s Department of Buildings, City Planning Commission, Board of Standards and Appeals, City Council Landmarks Preservation Commission and the State Attorney General’s office. Deirdre was the lead zoning lawyer representing a New York City university in obtaining New York City land use approvals of a Master Plan for the development of 2.3 million square feet of residential, academic and dormitory space. Deirdre was selected as one of Real Estate Forum’s Women of Influence in September 2009.

Deirdre received her J.D. from New York University School of Law and her B.A. from Harvard University.

Areas of Concentration

  • Land use and zoning
  • Cooperative and condominium law
  • Real estate litigation (Article 78 proceedings)

Professional and Community Involvement

  • Member, The Association of the Bar of the City of New York
    • –Real Property Committee, 1988-1991
    • –Land Use and Zoning Committee, 1991-1994; 2000-2003
    • –Environmental Law Committee, 1996-1999
  • Member, New York State Bar Association
    • –Real Property Section, 1982-present
    • –Trial Lawyers Section, 1982-present
    • –Environmental Law Section, 1992-present

Awards and Recognition

  • Team Member, a U.S. News - Best Lawyers®, "Law Firm of the Year" in Real Estate Law, 2015
  • Team Member, The Legal 500 United States, "Top Tier" Firm in Real Estate, 2013 and 2014
  • Listed, Super Lawyers magazine, New York Metro Super Lawyers, 2007-2015
  • Team Member, a Law360 "Real Estate Practice Group of the Year," 2011, 2012, 2013 and 2015
  • Team Member, Chambers USA Award for Excellence, Real Estate, 2010 and 2013
  • Rated, AV Preeminent® 5.0 out of 5

AV®, BV®, AV Preeminent® and BV Distinguished® are registered certification marks of Reed Elsevier Properties Inc., used under in accordance with the Martindale-Hubbell certification procedures, standards and policies.

Noteworthy Experience

  • Assistant to Mayor Edward Koch, 1979-1981

 


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.  She also has considerable experience acting for institutional investors, pension funds, private real estate funds and public and private REITs, as well as their investment advisers.

Ms. Brummer also regularly counsels her clients on all aspects of managing distressed real estate assets. She 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.

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, Japan office. Ms. Brummer lived and worked 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.

Recognition

Ms. Brummer was recognized in New York Real Estate Journal’s 2017 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. She has also been nationally recommended by The Legal 500 United States.

Education

  • 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

Clerkships

•           U.S. Court of Appeals for the Second Circuit, Honorable Richard J. Cardamone


Jill Hayman is a Special Counsel for Hunton Andrews Kurth’s real estate development and finance practice and head of the New York leasing platform. She brings more than 35 years of experience in executing sophisticated real estate transactions.

Ms. Hayman represents real estate owners, developers and tenants in connection with office and retail leases, data center leases and colocation agreements, corporate relocations, construction contracts and real estate acquisitions and dispositions and related government incentive programs.

Hunton Andrews Kurth LLP is a global law firm of over 1,000 lawyers serving clients in the United States, Europe, Latin America and Asia. The firm handles transactional, litigation and regulatory matters for a diverse client base, with significant experience in retail and consumer products, energy, financial services, real estate, and privacy and cybersecurity.

For the majority of her career, Ms. Hayman was a Managing Director in the Legal and Compliance Division of Morgan Stanley heading a 12-person global real estate team. In this capacity, she was responsible for all legal matters relating to the corporation's real estate portfolio, including acquisitions and sales, leasing, design and construction, property management matters, and real estate matters related to mergers and acquisitions. During her tenure at Morgan Stanley, Ms. Hayman represented the firm in the development and leasing of large HQ premises and data centers in the United States, Hungary, Japan, Hong Kong, London and Glasgow. Prior to joining Hunton Andrews Kurth, Ms. Hayman was special counsel at Fried Frank where she represented corporate clients on both sides of leasing transactions and not for profit clients on the acquisition of leasehold condominium units

Ms. Hayman was awarded the 2015 Chambers Women in Law Outstanding Achievement Award (In-House). Ms. Hayman is also an adjunct professor at Fordham Law School where she teaches a course on Real Estate Drafting.

Bar Admissions/Licensed Jurisdictions

 New York


Menachem Kastner's practice involves all aspects of real estate litigation and is particularly centered in the area of commercial and residential leasing and ownership and valuation disputes. He has litigated through all of the courts, the interpretation of escalation clauses, assignment and sublet provisions, alteration provisions, use clauses, renewal or purchase options, termination rights, buy-out disputes, and other significant lease interpretation issues.

Menachem is a frequent contributor to legal publications, specifically the New York Law Journal and New York State Bar Association Journal. Many of his articles have been cited to and relied on by the New York courts. See London Terrace Towers, Inc. v. Davis, 6 Misc. 3d 600, 790 N.Y.S. 2d 813 (Civ. Ct. N.Y. Co. 2004); 13315 Owners Corp. v. Kennedy, 4 Misc.3d 931, 782 N.Y.S. 2d 554 (Civ. Ct. N.Y. Co. 2004); Concourse Village Inc. v. Bilotti, 133 Misc. 2d 973, 509 N.Y.S. 2d 274 (Civ. Ct. Bronx Co. 1986). 

Menachem has lectured widely on real estate issues, including landlord/tenant and co-op litigation, the law of co-ops/condominiums, equitable distribution, and matrimonial tax. Most recently, Menachem lectured on "Real Estate Transactions - Spotting Litigation Issues" at the PLI Annual Real Estate Institute in 2016 and 2017.

In addition, Menachem is an official court arbitrator for the Civil Court of the City of New York, presiding over trials and inquests, issuing final non-appealable judgments, mediating the settlement of claims, and drafting and ordering stipulations of settlement.

Menachem earned his Bachelor of Arts, cum laude, from Brooklyn College of the City University of New York in 1973 and his law degree, summa cum laude, from New York Law School in 1976, where he was the recipient of the Trustees' Award for Highest Scholastic Achievement. He was named a New York Super Lawyer (real estate) in 2006, 2010 and 2013-2016 by Law & Politics. He was also named one of "New York Area's Top Rated Lawyers of 2013" in Real Estate & Landlord/Tenant by Legal Leaders™. Menachem is admitted to practice in the state of New York.


Philip E. Karmel is a partner at Bryan Cave Leighton Paisner LLP, a law firm with 39 offices in 10 countries.  His litigation practice includes environmental and real estate litigation, land use matters arising under environmental review statutes and zoning laws, and the defense of toxic tort actions.  He has tried a number of cases in federal and state courts and before administrative law judges and arbitrators and has briefed or argued motions or appeals in California, Colorado, Hawaii, Maryland, Montana, New York, Pennsylvania, Texas, Virginia, Washington, D.C., West Virginia and Wisconsin.  He also counsels clients on environmental matters, including environmental impact statements, environmental permitting, environmental compliance, investigations by governmental agencies, the redevelopment of brownfield properties, environmental aspects of corporate and real estate transactions, and issues arising under the Clean Air Act and federal and state superfund and oil spill statutes.  He has served as counsel for major energy, transportation and real estate development projects.

He has published many articles and several book chapters on environmental law, environmental litigation and toxic torts.  He is a member of the American Bar Association and serves as a long-time columnist of the newsletter published by the Air Quality Committee of the ABA Section of Environment, Energy, and Resources.  He is also a member of the Association of the Bar of the City of New York, where he has served as a member of its Committee on Environmental Law.

Upon graduation from law school, Mr. Karmel clerked for the Hon. Edward R. Becker, U.S. Court of Appeals for the Third Circuit, and thereafter served for five years as a Trial Attorney in the Environmental Enforcement Section of the U.S. Department of Justice, Washington, D.C., where he received the Department’s Special Achievement Award for sustained superior performance of duty.  He received his J.D., cum laude, from the University of Chicago Law School, where he was an editor of the University of Chicago Law Review, and holds an M.Phil. in Economics from the University of Cambridge and a B.A. with Honors in Economics from the University of Pennsylvania.

He is listed in BEST LAWYERS IN AMERICA; CHAMBERS USA; and SUPER LAWYERS.  In 2005, he received the Scale of Justice Award from MFY Legal Services, Inc. for pro bono work.  In 2013, he received the New York County Lawyers Association’s Boris Kostelanetz President’s Medal in recognition of “distinguished service to the legal profession.”


Robert J. Bergson earned his law degree from Boston University School of Law, where he was honored as a Paul J. Liacos Scholar.  Mr. Bergson received a B.S.B.A. degree in Economics from the University of Denver. Prior to forming AGMB, Mr. Bergson was a founding member of Margolis Bergson LLP.  He was also counsel to Herrick, Feinstein LLP and associated with the international firm of Kelley Drye & Warren LLP.  Mr. Bergson’s practice focuses on business and corporate litigation matters, professional liability defense, real estate litigation, business divorce, and products liability defense. He also handles disputes concerning miscellaneous/not-for-profit insurance lines, securities litigation, intellectual property, unfair competition claims and errors and omissions matters.     

Mr. Bergson lives with his wife and three children in Huntington, New York and works primarily from AGMB’s New York City office.

Representative Matters 

  • Won three week jury trial for one of Manhattan’s largest real estate developers concerning action for breach of contract, tortious interference, business defamation, conversion and unjust enrichment.
  • Won 10-day arbitration on behalf of 50% owner in hedge fund business divorce.
  • Won two week bench trial for real estate developer against former corporate officer for breach of contract and breach of duty of loyalty.
  • Won five week arbitration for investor concerning dispute arising from $26 million sale of office building.
  • Successfully defended attorneys in legal malpractice action brought by hedge fund alleging negligent due diligence regarding $60 million private offering.
  • Won motion to dismiss $6 million action against law firm for allegedly failing to advise purchasers of distressed debt about risk of fraudulent conveyance claims.
  • Won motion to dismiss legal malpractice and RICO claims against real estate attorney.
  • Won motion to dismiss action against attorney for allegedviolations of federal banking and privacy laws.
  • Obtained pre-answer dismissal of multimillion-dollar legal malpractice action involving underlying maritime and products liability claims.
  • Successfully represented and defended real estate closing attorneys in connection with civil actions and administrative investigations involving allegations of mortgage related fraud.
  • Negotiated the favorable settlement of a multimillion-dollar action against law firm for allegedly failing to properly pursue judgment collection efforts.
  • Negotiated settlement of multimillion-dollar legal malpractice claim against securities lawyer.
  • Negotiated pre-answer settlement of hedge fund’s legal malpractice claim against law firm arising from alleged conflict of interest concerning private placement.
  • Developed strategy resulting in successful settlement of potential claim for legal malpractice arising from construction litigation.
  • Successfully defended and resolved FDCPA and TCPA claims.
  • Won motion to dismiss claim against coop board of directors for fraud and breach of fiduciary duty in connection with board refusal to consent to short sale of unit.
  • Successfully represented and defended multiple community association boards of directors in federal and state court and before administrative tribunals in connection with claims for unlawful discriminatory practices in violation of the Fair Housing Act, the New York Human Rights Laws and other civil and human rights legislation.
  • Defended board of directors against alleged violations of Mitchell-Lama Law.
  • Won pre-answer motion to dismiss fraud, forgery and conversion claims against banking institution and its officers and directors.
  • Obtained dismissals and successful settlements of numerous claims against insurance brokers concerning claims of unfair competition, breach of contract, negligence and tortious interference with business relations.
  • Obtained dismissal of NASD claim against securities broker for unsuitability, breach of fiduciary duty, failure to supervise and fraud.
  • Defended major direct marketer against claims for breach of contract by former employee and product supplier.
  • Successfully defended through appeal real estate contract-vendor in connection with claims for specific performance.
  • Counsel for several former employees of corporation which unsuccessfully sought to enforce restrictive covenant/non-compete agreements.

 

Membership and Affiliations

American Bar Association
Association of the Bar of the City of New York
New York State Bar Association
Claims & Litigation Management Alliance


Ron Sernau is part of New York’s real estate industry inner circle and has more than 30 years of experience in real estate law. His clients, some of which have relied on his advice for decades, routinely involve him in their strategic decision making. Ron offers clients the insight he has gained by representing opposing interests in similar transactions. He has advised landlords and tenants, lenders and borrowers, purchasers and sellers, equity investors and developers, managers and owners, and brokers and principals.
Ron represents prominent New York City real estate developers in their investments in, and development of, premier properties. Various businesses, from large publicly traded companies to boutique investment firms, engage him to address their real estate concerns. He also provides general legal advice to luxury retailers, with a focus on real estate issues.
At Proskauer, Ron serves as the co-head of the Real Estate Department and co-chair of the Private Equity Real Estate practice.
An avid speaker on real estate topics, Ron has appeared before groups sponsored by the Association of the Bar of The City of New York, the New York Hospitality Council, Inc., the New York State Bar Association, the Georgetown Commercial Leasing Institute, CB Richard Ellis, Inc., the Association of Attorneys and Executives in Corporate Real Estate, Practising Law Institute, The Real Estate Board of New York, Inc. and the American College of Real Estate Lawyers.

 


Steven G. Horowitz serves as Chief Legal and Risk Officer at Open Space Institute, based in New York.  At OSI he focuses on land conservation, environmental mitigation, climate change and a wide range of resiliency activities.  He recently retired after many years as a partner of Cleary Gottlieb where he regularly represented U.S. and international commercial and investment banks, foreign and domestic institutional investors, property owners and corporations in their real estate matters. Transaction types encompassed all forms of joint ventures, mortgage finance and securitization, loan syndication, mortgage loan trading and subordinate debt, restructuring and real estate-related mergers and acquisitions.  In addition, he focused on credit tenant and portfolio leasing, workout and bankruptcy matters, investment entity formation and tax-oriented finance transactions, and investments in non-traditional property types such as resorts and hotels, Indian gaming casinos, mines, timber, utilities, sports fitness clubs, hospitals and nursing homes.

Steven repeatedly has been recognized by the business and legal press for his work on behalf of clients, including The Best Lawyers in America, which includes him in its 2018 edition, making Steven one of a small group to receive this honor for more than 15 consecutive years.  Prior to Law School, he worked as a housing and urban development planner in the New York City Department of City Planning.


Steven L. Wilner is a partner in Cleary Gottlieb Steen & Hamilton’s New York office. Steven’s practice focuses on financial, corporate and real estate matters, ranging from global real estate acquisitions, dispositions, development and finance to international mergers and acquisitions and restructurings, including private equity investments and joint ventures.

Steven has been recognized by numerous guides and publications as a leading practitioner in global Real Estate law, including Chambers Global, Chambers USA, The Legal 500 and The Best Lawyers in America. Steven was named a “Most Valuable Practitioner” in Real Estate by Law360, and was recently inducted into the American College of Real Estate Lawyers.

Steven is a frequent speaker on all aspects of Real Estate transactions and law, and participates in PLI’s ongoing “Bridge-the-Gap” series, which aims to teach young attorneys the essential skills for success in the business and practice of law.

Steven joined the firm in 1988 and became a partner in 1997. He spent 2001­2005 as the managing partner of the firm’s former Tokyo office.


Mr. Bischoff has been in the insurance industry since 1986.  He spent twenty years working as a broker for a mid-sized, internationally recognized firm.  During this time he handled the insurance and risk management needs of multi-national firms. 

Mr. Bischoff joined the company in January 2007, and since then has conducted insurance due diligence reviews on over $2 billion of real estate loan transactions.  He has spoken as a member of the PLI faculty, since 2007, providing courses on insurance and risk management. He has delivered several insurance training sessions for both commercial lenders and real estate law firms.

In January of 2013, he took over ownership of Omega, while the name has changed slightly to Omega Risk Management Inc.; his commitment to providing Omega’s clients with high quality services has not changed. 

Mr. Bischoff is a graduate of St. John’s University in New York, where he has a BS on business management.  He earned his Chartered Property and Casualty Underwriter (CPCU) designation in 1996.  He is an Insurance Broker and Insurance Consultant licensed by the State Insurance Department of New York.


Don Frey is Senior Vice President of Real Estate Finance and Capital Markets at Simon Property Group, a global leader in retail real estate ownership, management and development and a S&P100 company.  Don’s chief responsibilities include negotiating, executing and servicing Simon’s secured debt portfolio and capital markets activity.  Prior to his current role, Don was Senior Finance Counsel at Simon, where his legal work focused on the company’s financing matters.  Don has extensive experience in all aspects of commercial real estate finance, with a particular emphasis on mortgage loan originations.  Before joining Simon, Don practiced law at Dechert LLP and Alston & Bird LLP in New York, where he represented banks and institutional investors in the origination, servicing, sale and restructuring of all manner of commercial real estate debt.


Elliot L. Hurwitz is Chief Commercial Counsel for Chicago Title Insurance Company, New York, NY, where he has primary responsibility for complex commercial transactions in New York City, including structuring, underwriting and coordination. Prior to joining Chicago Title, Mr. Hurwitz was a partner at Weil, Gotshal & Manges, LLP, New York, NY. Mr. Hurwitz has had extensive experience in all aspects of commercial real estate, with a particular emphasis on mortgage loan originations, portfolio acquisitions, debt restructurings, sale-leasebacks, lease-backed financings, loan syndications and securitizations. Mr. Hurwitz is a frequent lecturer and author on real estate-related matters, including “Real Estate for the Corporate Counsellor”, published in the fourth edition of The Corporate Counsellor’s Desk Book (Prentice Hall Law & Business 1992). Contributor to the New York Law Journal, Commercial Leasing Law & Strategy, Shopping Center Legal Update and the Metropolitan Corporate Counsel. Chairman of PLI’s annual 2-day seminar for real estate attorneys, titled “The Commercial Real Estate Institute”. Mr. Hurwitz is a Fellow of the American College of Real Estate Lawyers. Member of the New York State Bar Association, Association of the Bar of the City of New York and Title Insurance Rate Service Association (TIRSA) – Law and Forms Committee. Mr. Hurwitz may be contacted at 212-880-1205 or hurwitze@ctt.com.


Frank Carroll is Regional Counsel for Fidelity National Title Group, and is the senior title insurance underwriter of New York and Connecticut for Chicago Title Insurance Company, Fidelity National Title Insurance Company, and Commonwealth Land Title Insurance Company. He is a graduate of LeMoyne College, Syracuse, New York, attended the State University of New York at Buffalo School of Law, and has been admitted to practice in New York since 1981. He has worked in the title insurance industry since 1986, and served a three-year term as President of TIRSA, the title insurance rating bureau for New York State (2008-2012).  He is a member of the New York State Bar Association (Real Property Section; Attorney Professionalism Committee; and Special Committee on Law Practice Continuity) and the Bar Association of Erie County (Real Property Committee; Banking Law Committee; CLE Advisory Committee; and Chair of the Professional Continuity Committee).  He is a past president of the Erie County Bar Foundation, and he is still active in Foundation affairs. He resides in Buffalo, New York with his wife, Cornelia Farley, an attorney.


Named as one of the leading construction law attorneys in the District of Columbia by Chambers USA, Larry represents clients in construction and public contract negotiation and dispute resolution. He also frequently serves as a construction mediator and arbitrator. 

Larry assists contractors in construction, supply, aerospace and service contract disputes arising out of federal, state, quasi-public and private projects and contracts. He also represents both public and private owners in construction disputes with general contractors and their subcontractors. He counsels domestic and international companies, contractors, subcontractors, owners and design professionals in connection with changes, specification conflicts, construction defects and acceleration, delay, disruption and termination claims arising out of construction and supply contracts. Larry has litigated matters for clients in federal and state courts in numerous jurisdictions, before boards of contract appeals and in arbitration tribunals. He also has wide-ranging experience in alternative dispute resolution (ADR), helping clients resolve disputes via arbitration, mini-trials and mediation.

Additionally, Larry drafts and negotiates construction contract documents on behalf of contractors, owners and lenders for a variety of projects, including heavy civil, power, building and transportation.

As co-chair of the firm’s Diversity Committee’s Recruitment and Retention Sub-Committee, Larry assists in recruitment and firm initiatives that promote firm-wide diversity and inclusiveness.

Representative Matters

  • Served as a mediator in the resolution of three multi-party, multi-million dollar disputes arising out of heavy construction projects.
  • Representing a public owner in the development of design-build and design-bid-build construction documents for long-term construction of a multimillion-dollar expansion of water treatment facilities.
  • Represented a contractor in resolving disputes involving change orders, delays and back charges in excess of $10 million in litigation and arbitration arising out of the construction of the Woodrow Wilson Bridge. 
  • Serving as an arbitrator and the chair of the panel in two arbitrations arising out of the construction, under EPC agreements, of two process plants in southeast states. The amount in dispute in both arbitrations is in excess of $30 million.  
  • Served as a mediator in the resolution of a multimillion-dollar dispute between a general contractor and subcontractor in the construction of the Dulles Greenway in Leesburg, VA. 
  • Successfully resolved multimillion-dollar claims arising out of two construction contracts for a contractor before a AAA Arbitration Panel. After 10 days of hearings and extensive post-hearing briefs, the panel issued an award favoring the client and denying the owner's counterclaim. 
  • Represented a public utility in the drafting and negotiation of construction contracts for a multimillion-dollar liquefied natural gas (LNG) plant. 
  • Served as the chair of an AAA construction arbitration in a $10 million dispute. 
  • Served as the chair of an arbitration panel in an AAA arbitration arising out of the construction of a federal building. The dispute concerns delay and changes claims in excess of $5 million. 
  • Represented a construction contractor in a $20 million dispute arising out of an EPC contract for a 199 megawatt combined cycle power plant in Colombia, South America. The dispute was successfully resolved through AAA arbitration. It involved changed conditions, scope of work, and retention disputes as well as the owner's counterclaims. 
  • Served as a party-appointed arbitrator in an arbitration administered by the International Chamber of Commerce arising out of the construction of a 775-megawatt combined cycle electric generating plant in Massachusetts under an EPC contract. The dispute concerns delay, changes and acceleration claims in excess of $45 million. 
  • Represented a building owner in the defense of claims brought by a general contractor and its subcontractors arising out of the extensive renovation of a church in New York City. The matter was resolved through AAA arbitration and related litigation after more than 20 days of hearings. Defeated the contractor's claims for approximately $10 million and was awarded $2.5 million on the owner's counterclaim. 
  • Represented a general contractor and its subcontractors in the preparation, submission and negotiation of approximately $25 million in claims arising out of the construction of the Prince George's Plaza Metro Station and line section. 
  • Served as a "job site attorney" for a general contractor during the construction of the Atlanta Airport and the Arts Center MARTA stations (above ground and cut and cover structures) to include track work and traction power substations. The representation included subcontract negotiation and administration; advising the project manager, architects and engineers in contract interpretation and schedule monitoring; and the documentation, submission, negotiation and AAA arbitration of claims and disputes with subcontractors and the owner. 
  • Represented a general contractor in the documentation and preparation of changes, delay and disruption claims in excess of $8 million arising out of the construction of the Torras Causeway (St. Simons Island, Georgia). Resolved the claims through nonbinding arbitration and negotiation with the Georgia Department of Transportation. Resolved subcontractors and suppliers claims against the general contractor.

Before Fox Rothschild

Prior to joining Fox Rothschild, Larry was a partner in Smith, Currie & Hancock LLP. He served as a captain in the U.S. Army Judge Advocate General’s Corps from 1976 to 1980 and as a law clerk/commissioner for the Armed Services Board of Contract Appeals from 1978 to 1980. Larry was also a distinguished military graduate of the University of Dayton ROTC Program, to which he earned an ROTC Scholarship.

Beyond Fox Rothschild
Larry is a former Chair of the ABA Forum on Construction and is Immediate-Past President of the American College of Construction Lawyers (ACCL). He is also a frequent lecturer on programs for the American Arbitration Association (AAA). 

Larry is an active member of his community. He is a founding member of the board of governors of The Tower Club in Tyson’s Corner, Virginia, and is a former coach and commissioner of the D.C. Stoddert Youth Soccer League. He served on the trustee board and as its vice-chair of the Norwood School in Bethesda, Maryland, is a member of the Washington Lawyers Committee of the United States Holocaust Museum and on the Board of Passion for Learning, Inc. Larry is also active with his alma maters, serving as a former board member of the George Washington University Law Alumni Association, a founding officer of the law school’s Black Law Alumni Association and on the Alumni Board of the University of Dayton. 


Client Resources

Federal Government Contracts & Procurement Blog
Larry contributes to the Federal Government Contracts & Procurement blog, addressing current and future issues affecting federal contractors and procurement professionals in both the Washington, D.C., area and throughout the United States.

Honors and Awards
  • Named as one of the leading construction law attorneys in the District of Columbia by Chambers USA (2003 to 2014), which describes him as "universally regarded as an excellent alternative dispute resolution lawyer" and "the complete package...very good at representing his clients and seeing the big picture." 
  • Included in a list of “Best Lawyers in America” in the areas of construction and alternative dispute resolution (2003 to 2014) 
  • Included in a list of “International Who's Who of Business Lawyers” in the area of construction (2005 to 2014) 
  • Included in a list of “Super Lawyers” in the area of construction litigation by Washington DC Super Lawyers (2007 to 2014) 
  • Rated AV® Preeminent™ by Martindale-Hubbell 

In the News
  • Featured, “53 Fox Attorneys Named “Best Lawyers” for 2014,” (September 2013)
  • Featured, “Fox Bolsters Number of Attorneys Noted as Leaders in Their Fields by Chambers USA and Chambers Global,” (March 2013)
  • Featured, “Chair’s Message,” ABA's Section of Dispute Resolution Wednesday Weekly Newsletter (May 2, 2012)
  • "Fox Rothschild Significantly Increases Its Ranks of Attorneys Noted as Leaders in Their Fields by Chambers USA and Chambers Global ," (February 28, 2012)
  • Mentioned, "Fox Rothschild Boosts Its D.C. Office," The Legal Times (September 2, 2011) 
  • Featured, "Fox Rothschild Expands Presence in Washington, DC; Welcomes Eight Construction Law and Government Contracting Attorneys and Relocates Office ," (September 1, 2011) 
  • Featured, "Fox Rothschild Adds Eight-Lawyer Construction Group, New Practice in D.C.," The Legal Intelligencer (September 1, 2011) 
  • Mention, "The Churn: Lateral Moves and Promotions in The Am Law 200," AmLaw Daily (September 1, 2011) 
  • Mentioned, "Fox Rothschild Nabs Smith Currie Contract Attys, Office," Law 360 (September 1, 2011)

Articles and Publications

  • Co-Author, “Diversity: OFCCP Implements New Affirmative Action Regulations,” Under Construction ABA Newsletter (November 2013)
  • Co-Author, “Diversity: Success in Small Business Contracting,” Under Construction ABA Newsletter (April 2013)
  • Author, Chapter 25 “The Construction Contract Documents and Risk Allocation,” Real Estate Law and Practice Course Handbook Series (October, 2012)
  • Author,  "Chapter 6, Federal Government Green Contracting Initiatives:  OFPP's Green Mandate and President Obama's Executive Order 13514," Practising Law Institute, Drafting and Negotiating Construction and Design Contracts, Real Estate Law and Practice Course Handbook Series (July 2010)
  • Co-Author, "Advantages of the ConsensusDOCS Construction Contracts," The Construction Lawyer, Journal of the ABA Forum on the Construction Industry (Winter 2009) 
  • Author, "Vacating Construction Arbitration Awards Due To The Evident Partiality of An Arbitrator," Thomson/West Construction Briefings (July 2006) 
  • Author, Chapter 17 "Termination for Default," Federal Government Construction Contracts, ABA Forum on Construction (2003) 
  • Author, "Certifying Construction Claims and the False Claims Act Implications," Handling Construction Risks, Practising Law Institute, New York, New York (April 2003) 
  • Author, "Public Construction Contracts: Small and Disadvantaged Business Programs," Fluor Corporation (March 2003) 
  • Co-Author, "Best Practices in Dispute Avoidance for Government Contracting," ABA Section of Public Contract Law (2002) 
  • Author, "Choosing and Working with Construction Experts: Protecting Confidential Information," Construction Briefings, Federal Publications, Inc. (1997) 
  • Author, "The Spearin Doctrine - Recent Developments," The Construction Lawyer (Spring 1994) 
  • Author, "Drafting Effective Construction Contracts," Engineering News Record (March 1990)

Speaking Engagements

  • Moderator, “Hunger Games:  The Business of Developing Your Arbitration Practice,” College of Commercial Arbitrators 13th Annual Meeting, Santa Ana Pueblo, NM (October 2013)
  • Speaker, “Managing a Successful Arbitration,” American Arbitration Association, College of Commercial Arbitrators, JAMS and D.C. Bar Litigation Section, Washington, DC (September 17, 2013)
  • Speaker, “Trial Academy – Trial Skills Training Program,” ABA Forum on the Construction Industry Trial Academy, Washington, DC (June 2013)
  • Speaker, “Construction Professionals Guide to Conducting an AAA® Arbitration", American Arbitration Association, (January 16, 2013 and November 13, 2012)
  • Speaker, “14th Annual Commercial Real Estate Institute,” Practising Law Institute (November 27, 2012)
  • Speaker, “Ethical Concerns for Counsel When Advising Government Contractors,” Practising Law Institute, New York, NY (September 18, 2013)
  • Speaker, “ABA Forum on Construction Industry, Trial Academy Program,” American Bar Association (June 27-30, 2012)
  • Speaker, “Diversity in Government Contracting,” ABA Forum on the Construction Industry (April 2012)
  • Speaker, “Construction Contracts/Risk Allocation/Lender Issues,”  Practising Law Institute, New York, NY (November 28-29, 2011)
  • Presenter,  "Avoiding Pitfalls in Construction Mediations," JAMS,  Washington, DC (November 3, 2011)
  • Speaker,  "Discovery in Construction Arbitration: When is Enough, Enough?,"  American Arbitration Association , (October 27, 2011)
  • Speaker, “Navigating the Construction Arbitration Roadmap,” Webinar for American Arbitration Association (June 2011)
  • Speaker, “Building Better Construction Contracts: Tailoring Incentives, Creating Collaboration and Developing Effective Risk Allocation, Ethics in Government Contracts,” Practising Law Institute (April 2011)
  • Speaker, “Minority and Women Mediators & Arbitrators - How to Build a Practice”, ABA Section of Dispute Resolution, 13th Annual Spring Conference, Denver, CO (April 13-16, 2011)
  • Speaker, “Protocols of College of Commercial Arbitrators: A New Look at the Arbitration Process” and “Role of the Arbitrator,” American College of Construction Lawyers 22nd Annual Conference (February 2011)
  • Speaker, “Hot Issues in Arbitration,” College of Commercial Arbitrators 10th Annual Meeting (October 2010)
  • Speaker, “Right Process, Wrong Arbitrator: Choosing the Right Construction Arbitrator(s),” Webinar for American Arbitration Association (October 2010) 
  • Speaker, “Navigating the Arbitration Roadmap,” American Arbitration Association (September 2010)
  • Presenter, “Summit – Webinar on Alternative Dispute Resolution,” Rossdale Group (May 2010)
  • Speaker, “Let’s Get the Lead Out! How Arbitrators, Outside Counsel, Clients and Providers Can Make Business-to-Business Arbitration Faster and Less Expensive,” Plenary Program, American Bar Association Section on Dispute Resolution Conference (April 2010)
  • Moderator, “Making the Business Case for Diversity in the Practice of Construction Law,” American Bar Association, Forum on the Construction Industry Annual Meeting, Spring 2010 (April 2010)
  • Speaker, "Right Process/Wrong Arbitrator," American Arbitration Association, 2009 Construction Conference, New York (May 2009) 
  • Speaker, "Risk Allocation in the Construction Process and the Role of Due Diligence in the Selection of the Design Professional and Contractor," Practising Law Institute, New York (May 2009) 
  • Speaker, “Role of the Arbitrator With Respect to Scheduling,” American College of Construction Lawyers 20th Annual Conference (February 2009) 
  • Speaker, "Green Contracting: The Federal Government's Procurement Policies," Lorman Education Services Teleconference (February 2009) 
  • Speaker, "Navigating the Arbitration Roadmap," American Arbitration Association, Construction Conference, Chicago, IL (November 2008) 
  • Moderator/Speaker, "Winds of Change? The ConsensusDOCS," American Bar Association, Chicago, IL (September 2008) 
  • Speaker, "Delivery Systems and Contract Methods for Municipal Owners," Lorman Educational Services, Teleconference (August 2008) 
  • Speaker, "Pursuing the Ultimate Bad Guy: Problems of Privity & How to Get Around Them," WPL Publishing Co. Inc., Teleconference (June 2008) 
  • Speaker, "The AAA Construction Conference Making ADR Work for You and Your Projects: Navigating the Arbitration Roadmap," American Arbitration Association Construction Conference (May 2008) 
  • Speaker, "Drafting an Effective Construction Agreement Using 2007 AIA Documents" and "New Contracting Approaches," Practising Law Institute (February 2008) 
  • Speaker, "Disqualification of ACCL Members From An Arbitration Panel Due To Their Joint Membership In The College," American College of Construction Lawyers 19th Annual Conference, Private Dispute Resolution Committee Meeting (February 2008) 
  • Speaker, "International Construction and Commercial Disputes Can be Settled Utilizing Mediation - A Comparative Discussion," 8th Annual ABA Section of Dispute Resolution, Spring Conference - ADR in Bloom (April 2007) 
  • Speaker, "Outside the Mediation Conference: Pre-Mediation and Post-Mediation Efforts," American Arbitration Association, Miami, FL (March 2007) 
  • Speaker, "Counsel's Role in Preparing the Expert for Depositions and Hearings and in Protecting Confidential Information," American Bar Association, Litigation Section, Construction Litigation Committee, Washington, D.C. (February 2007) 
  • Speaker/Moderator, "Using Public Private Partnerships for Infrastructure Development - Risk Avoidance and Dispute Resolution," The International Construction Superconference, Constructing and Financing Infrastructure, London, U.K. (May 2006) 
  • Speaker, "The Government's Use of Fraud As An Affirmative Defense To Contractor's Claims," Mid-Atlantic Construction Institute, Lorman Education Services, Baltimore, Maryland (May 2006) 
  • Speaker, "Expert Disqualification And Protecting Confidential Information," American College of Construction Lawyers, 17th Annual Conference (February 2006) 
  • Speaker, "Construction Joint Ventures - Spreading Risks, Increasing Capacity," District of Columbia Minority Business Development Center's Minority Enterprise Development Day, Washington, D.C. (November 2005) 
  • Speaker/Moderator, "Selecting The Right Arbitrators" and "Drafting Clauses to Work For You," American Arbitration Association and The National Law Journal's Straight Talk About Construction Arbitration, Irving, Texas (September 2005) 
  • Speaker, "Risk Avoidance In Project Financed EPC And Design Build Contracting," The International Construction Superconference, London, U.K. (May 2005) 
  • Lecturer, "Issues During Construction," Fundamentals of Construction Law in Maryland, Sterling Seminars (June 2004) 
  • Speaker, "Innovations in Arbitration," American College of Construction Lawyers Annual Meeting (February 2004) 
  • Speaker, "The Design-Builder in Public Private Partnerships," Public Private Partnerships: A Comparative Look, The Owner's International Construction Superconference, London, UK, Andrews Conferences, Inc. and Forbes (May 2004) 
  • Speaker, "Current Issues With Construction Contracting and Funding," U.S. Army Judge Advocate General's School, Annual Contract and Fiscal Law Symposium (December 2004) 
  • Speaker, "Federal Statutes and Regulations for Construction," ABA Forum on Construction, Annual Meeting (2003) 
  • Lecturer, "Structuring, Justifying and Funding ADR Settlements," ABA Public Contract Law Section, Committee on Dispute Resolution (November 2003) 
  • Speaker, "Proving and Defending Against Construction Damages Claims - A New Look," ABA Section of Public Contract Law Annual Meeting (August 2003) 
  • Speaker, "Fundamentals of Construction Law," ABA Forum on Construction (November 2002) 
  • Lecturer, "Effective Use of ADR in Resolving Construction Disputes," ABA Public Contract Law Section, Construction Division (August 2002) 
  • Speaker, "Admitting or Limiting Expert Testimony in Construction Litigation," American College of Construction Lawyers Annual Meeting (February 2002) 
  • Lecturer, "District of Columbia Procurement," D.C. Bar Governments Contracts & Litigation Section (January 2002) 
  • Speaker, "Other Methods of Dispute Avoidance and Early Resolution," Government Contract Seminar, Piper Rudnick LLP (December 2001) 
  • Speaker, "What the Public Sector Has To Know About ADR," The Public Construction Super-Conference, Andrews Conferences (December 2001) 
  • Speaker, "Using Statistical Evidence to Prove Construction Inefficiency Claims," ABA Section of Litigation, Annual Meeting (May 2001) 
  • Lecturer, "Construction Contractor Claims: How to Avoid or Defend Against Them," U.S. Army Judge Advocate General's School, Trial Attorneys Course (1996 - 2000) 
  • Speaker, "Judging The Experts: A Construction Practitioner's Guide To Presenting Expert Testimony," ABA Forum on The Construction Industry Annual Meeting (May 2000) 
  • Speaker, "Construction Contracting and Bonding," 21st Annual Community Association Law Seminar (February 2000) 
  • Speaker, "Alternative Dispute Resolution In Government Contracts," ABA Section of Litigation, 1999 D.C. Regional Seminar (June 1999) 
  • Lecturer, "Termination of Government Contracts," George Washington University (1996-1998) 
  • Speaker, "Construction Contracting: New Twists on Perennial Problems - A Comparative Look at the Public Sector's Use of Design-Build," ABA Public Contract Law Section Annual Meeting (August 1998) 
  • Speaker, "The Government's Use of Fraud As An Affirmative Defense to Contractor's Claims," ABA FCCI/TIPS Joint Meeting (January 1996) 
  • Lecturer, "Design-Build Contracting: Federal Sector," Contract Law Symposium, U.S. Army Judge Advocate General's School (1995) 
  • Speaker, "The Status of Federal DBE Programs After Adarand," Virginia Bar 16th Annual Construction Law and Public Contracts Seminar (November 1995)