Brent D. Hitson

Experience

• Represented a client after disposition of 20 assisted living facilities in multiple states. The transaction had complex partnership issues and involved the contribution of the membership interests of real estate and operating LLC entities, as well as the management company LLC, to a newly formed holding company of which our client retained preferred LLC units in the newly formed entity. Post transaction, we sued the buyer in both New York and Delaware, for a number of transgressions, which settled favorably. Our client ultimately reacquired the group of facilities and management company.
• Represented a medical office building landlord that leased several premises to a tenant, which operated a medical clinic. While also serving as landlord, the landlord had loaned significant funds to its tenant to assist with operations. After significant mismanagement of funds, tenant failed to pay rent or to repay the loan. The landlord retained the firm to assist in efforts to ensure that tenant remained operating, for the benefit of its patients, while also repaying amounts due to the landlord under both tenant’s leases and tenant’s loans.

• Represented a real estate developer and construction company in federal court litigation involving numerous claims asserted by an architect that formerly worked on a Florida condominium project and development. We were able to obtain dismissal of multiple claims following motions and an appeal before the Eleventh Circuit Court of Appeals, and settled the remaining claims favorably.
• Represented a full-service community banking institution in connection with two secured credit facilities, totaling approximately $7 million, to a brass manufacturer. The brass manufacturer ran out of cash and ceased operations suddenly. Assisted our client in the preservation and liquidation of its collateral and worked with the landlord as well as several creditor and customer constituencies in an effort to protect the bank’s interests and maximize its recovery. Prior to the cessation of operations, we filed suit against the brass manufacturer and obtained a judgment.
• Represented a condominium association in an action by a unit owner relating to damage associated with roof damage and water leaks.
• Represented a private equity firm and management company in connection with the acquisition of certain real estate and business operations, and in subsequent Alabama state court litigation involving the breach of the purchase agreement for a senior living facility.
• Represented an automotive parts manufacturer in a contract dispute dismissed after forensics and other evidence disproved claims and proved the manufacturing of evidence, resulting in a $250k award of attorney fees as a sanction.
• Represented a real estate developer/owner/manager in complex workouts, restructuring and refinancing of portfolio of roughly 10-15 commercial properties (including some in construction or early stabilization). Involved negotiations with numerous existing lenders and creditors, as well as negotiations and documentation for mezzanine financing and new equity investments.
• Assisted an agricultural client in a breach of lease, fraud, and trespass case.

Honors & Recognitions

Professional Activities