Cases
Experience: Past Work Experience: Prior to joining Greenberg Traurig as Co-Chair of its Global Real Estate Litigation Practice Group
Chair of its Western Region US Real Estate Litigation Practice, Mr. Rowen served in a similar capacity for two other top tier law firms. Mr. Rowen also served as President of ParkMedia LLC, a real estate aggregation
media company subsidiary of Apollo Management, L.P.,
Apollo Real Estate Advisors, L.P.
Representative Lender Engagements: Represented L.A. Downtown Investment, LP, in connection with lien priority litigation involving more than $260 million in lien claims arising out of the Oceanwide Plaza LLC default
successfully defended the lien priority of LADI's almost $200 million in senior funding for vertical construction of a three tower, 35 to 50 story high-rise, multi-family, hospitality,
retail mixed use project.
Represented Arena Origination Co., LLC (Arena Investors) in litigation challenging multiple senior secured liens on two Bay Area high-rise, micro-unit residential conversion projects
successfully defended against claims of fraudulent transfer, conspiracy,
aiding
abetting.
Represented Hankey Capital, LLC, in connection with UCC foreclosure of LLC interests in a major downtown Los Angeles multifamily high-rise, securing loans approximating $50 million
successfully recovered the full balance of the loans plus costs
expenses.
Represented Arena Limited SPV (Arena Investors) in connection with numerous disputes involving shopping center loans, including foreclosure
bankruptcy adversary proceedings
after prevailing in bankruptcy adversary proceedings, successfully negotiated the transfer of title to the shopping centers at issue, payment of a $7 million deficiency, legal fees,
general release.
Represented CBRE Global Investors, numerous managed funds
affiliates as well as fund managers related to an array of property products (multi-family, office, retail
mixed use) in a multitude of litigation matters, including several securities law, RICO
related claims involving tenancy-in-common
Delaware statutory trust securitizations, capital stack priority disputes, forward looking contract investments, joint ventures
equity participations, junior
mezzanine loan disputes,
property level management disputes.
Represented Fortress Value Fund
its predecessor in connection with numerous matters, including joint venture
capital stack disputes, lender liability
loan recovery litigation relating to massive, multi-phased residential development projects, successor liability issues
guaranty recovery.
Represented Gramercy Warehouse Fund in connection with several matters, including a $200 million loan enforcement action involving non-monetary, loan out-of-balance defaults in which we imposed a receiver over
later foreclosed upon
acquired a 1.3 million square foot regional mall, successfully defended lender liability
bad faith claims,
recovered $25 million on loan guaranties.
Represented Capri Select Income II mezzanine loan fund in connection with the successful defense of lender liability claims arising out of a 75 unit, high rise, historical property, office-to-condominium conversion,
the UCC foreclosure on the $30 million equity position.
Represented the Aspen Pacific Capital (Guggenheim) fund
numerous affiliates in workout
recovery litigation, involving an $80 million loan portfolio for 2000+ acre residential, multi-phased tract developments located in Imperial County, California, in which we also successfully defended joint venture
lender liability claims,
recovered the property.
Represented DB Zwirn Special Opportunities Fund in connection with workout
recovery litigation involving more than $100 million in loans secured by multi-family projects located throughout the western US.
Represented Bear Stearns
affiliates in workout
recovery litigation, involving a $120 million loan portfolio for condominium development in Mammoth Lakes
Lake Tahoe, California.
Represented Lehman Brothers
numerous affiliates in workout
recovery litigation, including bankruptcy, involving its multi-100 million dollar portfolio of residential tract acquisition
development loans.
Represented Colony Capital
numerous affiliates in the workout
restructuring of its assisted care nursing facility portfolio.
Represented numerous lenders in the restructuring
divestiture of loan portfolios involving significant resort hotel properties. For example, represented a consortium of Japanese lenders including Mitsui Trust
Nippon Credit
their affiliates in state court, federal district court
bankruptcy litigation over their lien
ownership rights in the Embassy Suites Resort on Maui, Hawaii.
Represented the National Bank of Canada in numerous litigation
pre-litigation matters as he helped the bank workout
divest its entire Southern California loan portfolio. Over 20 major loans were restructured
more than $100 million in cash
assets recovered over a 3 year time period.
Representative Owner Engagements: Represented The Enterprise (L&R Group of Companies, Inc.) in connection with a broad range of internal disputes
successfully enforcing corporate governance amendments, dissociating a 22% partner from the partnership valued in excess of $1.6 billion,
recovering more than $7 million in legal fees.
Represented Orbis Riverside Airport Holdings, LLC, in successfully resolving a dispute over allocation of more than $50 million in property sale proceeds.
Represented Strauss Wind, LLC, (BayWa r.e.) in disputes over construction
Commercial Operation Date delays for a 100-megawatt wind farm due to force majeure, frustration of purpose, impracticability,
impossibility due to COVID-19
successfully secured the maximum extension allowed under the development agreement.
Represented Angiola East, LLC, (Samsung Solar Energy) in CEQA litigation over approvals for the development of a 227-acre solar project. Successfully defeated claims that Tulare County erroneously issued a mitigated negative declaration
special use permit on grounds that plaintiff failed to exhaust its administrative remedies.
Represented E Komo Mai Holdings affiliate in connection with the bad faith refusal of its lender to fund a loan for the development
construction of the Sacramento Hyatt Hotel. Successfully negotiated the assignment of the loan
all security interests in question to our client
payment of all its costs
expenses.
Represented Bird Rides, Inc., in its successful efforts to terminate its 70,000+ square foot corporate headquarters lease in Santa Monica, asserting Covid-19
force majeure related claims.
Represented Green Hills Memorial Park in connection with numerous disputes, including the successful defense of public
private nuisance
related claims as well as numerous writ proceedings challenging government permits
approvals.
Represented GEM Realty affiliate
successfully defended claims regarding reciprocal easement
redevelopment rights involving a downtown Los Angeles mixed use high-rise, resulting in full enforcement of easement
project development without interference.
Represented XPO Logistics Freight, Inc., in connection with a dispute over title to a $40+ million trucking facility in the East Bay. Successfully defended claims brought in state, federal
bankruptcy courts.
Represented Friendly Franchise Corporation in connection with eminent domain taking issues arising out of the Alameda Corridor East. Secured over $1 million in loss of goodwill for partial taking.
Represented Citizen Watch Company of America, Inc ., in the defense of an action to terminate its lease of an approximately 130,000 square foot industrial property for non-payment of rent during the p
emic. Successfully defended the action
secured abatement of rent on grounds of force majeure, frustration of purpose, impracticability
impossibility due to COVID-19.
Represented Capital Logistics & Warehousing Group, Inc., in the defense of an action to terminate its lease of an approximately 405,000 square foot industrial property for non-payment of rent during the p
emic. Successfully defended the action
secured abatement of rent on grounds of force majeure, frustration of purpose, impracticability
impossibility due to COVID-19.
Represented Blaze Pizza Operations, LLC, in disputes with its l
lord over the termination of its Old Town Pasadena lease due to force majeure, frustration of purpose, impracticability
impossibility due to COVID-19. Successfully secured the termination of the lease.
Represented Bird Nest LLC (Katy Perry), securing the right to acquire a former convent from the Roman Catholic Archdiocese of Los Angeles for redevelopment into a residential compound
, in the process, defeating the claims of a competing buyer (hotel developer)
cancelling the competing buyer's recorded deed
other clouds on title.
Represented Star Scrap Metals Co.
Metal Depot, securing double the offered real estate value, double the offered value of FF&E, multi-million dollar relocation reimbursement,
the more than twenty times the previous largest award of goodwill for any condemned businesses in the history of the State of California.
Represented Nine Mile Hill Investment Company
Noby Venture in workout litigation in connection with 3,300 acre senior living development, including 3,700 residential units, a hospital, retail shopping center
golf course, reducing the payoff obligation by approximately 50%
securing a project-life income stream for the owners.
Represented Maximus Capital Partners in affirming
specifically enforcing rights to purchase the largest multi-family project site in San Francisco (Mission District),
saving a $300+ million project despite public outcry over what was dubbed the 'Monster in the Mission.'
Represented an affiliate of Crescent Heights in defeating
settling a condominium owner class action asserting claims for breaches of contractor licensing laws
for breaches of lender financing law, all arising out of buyer requested unit improvements.
Represented Skechers USA in litigation against a developer/joint venturer involving the development
lease-back of an approximately 90 acre, 1.812 million square foot facility into which the company's manufacturing will be consolidated.
Represented the nation's largest health care REIT, HCP, Inc.,
affiliates in multi-district litigation
arbitration with its largest hospital operator
the company terminated seven major acute care hospital facility leases across the US valued in the aggregate at more than $1.8 billion,
we successfully defended tort
contract claims arising therefrom, resulting in the termination
/or restructure of the entire hospital lease portfolio.
Represented Morgan Stanley
affiliates in major commercial lease disputes, involving significant l
subsidence issues affecting a major office complex in San Diego, California.
Represented LA Pacific in state, federal court
bankruptcy litigation crossing two states, including several matters before both the California
Nevada Supreme Courts, relating to claims for fraud
rescission over the acquisition
development of a $1.8 Billion Las Vegas casino
secured a $150+ million judgment against the former seller for tortious interference with a property sale.
Represented the Ring Group as a general partner
a plaintiff in litigation to dissolve a partnership owning one of the nation's largest
most prestigious apartment complexes valued at over $300 million.
Represented the Lennar Corporation
a number of its affiliates in litigation
pre-litigation over entitlement rights, contractor disputes, subsidence matters
ancillary infrastructure issues, including cable system ownership
transfer rights. In one matter, renegotiated the development agreement for a three hundred, single family home development after convincing the local jurisdiction that subsequently adopted fee ordinances
building moratoria were inapplicable to the development
facially unconstitutional.
Represented the Porter Ranch Development Company in litigation over the application of recorded lot size limitations, successfully defending claims that would have reduced the development by two-thirds
rendered the $110 million project economically unfeasible.
In multiple litigation matters filed in federal district, state
bankruptcy courts, Mr. Rowen successfully defended several Koos Group affiliates in wide ranging disputes over the ownership of the Hilton Waikoloa Hotel & Resort.
Led the defense of the City of Los Angeles in litigation
bankruptcy proceedings involving municipal bond financing for the nation's largest Section 8 supported housing project
the plaintiffs were institutional bondholders seeking to recover over $60 million in damages
the case was litigated vigorously, thrown out three times,
settled for less than one-half of one percent of the plaintiffs' claim.
For numerous years, served as outside general counsel
principal litigation counsel for California's third largest residential developer, Baldwin Builders . Among many engagements, led the successful defense of litigation seeking to recover more than $140 million in company debt secured by approximately 5,000 single family homes located in numerous development sites throughout Southern California.
For Village Properties, led litigation against the FDIC over development rights, securing the largest settlement from the FDIC in its history
also led litigation against the Water District
Conservancy over development
water rights involving a 600 acre Westlake Village project, resulting in a substantial eight figure judgment. He also represented the client in matters involving entitlements, subsidence, access
excavation claims.
Served as the principal outside counsel to the Alameda Corridor Transportation Authority (ACTA) for its inter-governmental negotiations
litigation. Among other things, he negotiated
documented the Memor
a of Underst
ing (MOU) between ACTA
each municipality through which the $2.4 billion railroad corridor was constructed, as well as the MOUs with the Los Angeles Department of Water & Power, the County of Los Angeles,
its Department of Public Works. Additionally, he negotiated the l
exchange agreements among ACTA, the County
the railroads by which final ownership of Corridor related properties was determined
Representative Bankruptcy Engagements: Represented the children of Daisy Kuo as the sole beneficiaries of the Kuo Family Trust defeat the claims of their aunts
uncles, who convinced their severely compromised brother (the children's father) on his death bed to change the trust
make his siblings the sole beneficiaries. Successfully defeated the siblings claims, recovered the trust
all assets for the benefit of the children,
secured payment of all fees, costs
expenses.
Represented the sole non-contingent beneficiary of the Mark Hughes Family Trust in connection with his successful efforts to establish the bona fide nature of lien rights securing over $100 million against 157 acres of entitled real property located behind the Beverly Hills Hotel at the top of Beverly Hills, California.
Ran litigation
was the lead negotiator for the bankruptcy estate of Sega GameWorks, LLC . Mr. Rowen negotiated the resolution of a nationwide, large-box, leased premises portfolio of retail locations by pursuing 16 separate lawsuits seeking recharacterization of large portions of GameWorks' lease obligations.
Represented Lehman Brothers ' affiliate in connection with $65 million loan
secured by an oceanfront development impacted by an endangered species
soil
ground water contamination. The developer/borrower filed bankruptcy to forestall debt enforcement efforts
however, through litigation, the bankrupt developer was forced to repay the secured loan at a significant premium, yielding an IRR in excess of 65% per annum.
Ran litigation for the bankruptcy estate of The Baldwin Company, one of nation's preeminent luxury, hillside, residential developers,
was the principal architect of the successful one-form-of-action litigation brought against the estate's $60 million working line of credit lender.
Ran litigation for the Pioneer Mortgage Liquidating Company, which was the liquidation instrument for the assets of the Pioneer Mortgage bankruptcy estate. He also h
led preference
fraudulent transfer litigation for the bankruptcy estate itself. The Pioneer Mortgage bankruptcy was the second largest mortgage banking bankruptcy in California history, involving over $6 billion in real estate assets.
Counseled Shimizu Corporation in the restructuring of its $3.6 billion resort portfolio,
in the corporate reorganization of its US holding companies
subsidiaries.
Representative Fiduciary/Trust Litigation Engagements: Represented Britney Spears in her successful efforts to terminate a 13-year long conservatorship.
Represented Linda Kerkorian in connection with the administration of her father's estate.
Represent the sole non-contingent beneficiary of the Mark Hughes Family Trust against the originally named co-trustees of the trust in connection with a multitude of disputes, resulting ultimately in the suspension
removal of the co-trustees. Litigation included the successful pursuit of claims for the co-trustees' failure to honor support obligations, improper attempts to allocate trust obligations to a custodial account,
proposed improper settlement of a Graegin (estate tax loan) transaction. The suspension
removal of the original co-trustees was affirmed in full by the California Court of Appeals.
Represent one of two beneficiaries of the Superstein Family Trust against the other beneficiary
putative trustee, successfully invalidating death-bed trust amendments purporting to alter the otherwise equal control of an estimated $300+ million real estate portfolio of over 60 light industrial properties as well as vast undeveloped property.
Represent the trustees of the Adaya Family Trust in litigation against certain trust beneficiaries in wide ranging disputes involving a substantial real estate portfolio owned or controlled by the trust, resulting in a settlement that fully vindicated the trustees
secured a ten figure recovery from a beneficiary.
Represent the trustee of the Jack Hazard Trust which owns System Property Development Company, the successor to System Parking,
owner of a national real estate portfolio.
