Real Estate

Real world solutions for complex real estate matters

From breaking ground to breaking a profit, Fabyanske, Westra, Hart & Thomson’s dedicated team of Real Estate practitioners provide innovative and practical legal advice to a broad range of real estate industry members, across all types of transactions in Minnesota and throughout the country.

We are one of a few select firms with recognized expertise across the spectrum of real estate activities, including development deals, acquisitions and sales, lending, leases, restructurings, environmental issues, tax appeals, and condemnation cases. Our clients include lenders and borrowers, buyers and sellers, landlords and tenants, developers, contractors, and design professionals. We represent clients in all of the major real estate product areas, including office, retail, industrial, residential, hospitality, and specialized uses, such as pipelines.

With more than 190 years of combined experience, our Real Estate practice combines the breadth of experience and level of sophistication available from the region’s largest law firms with an exceptionally creative and hands-on approach. We dig deep to understand our clients and their needs in order to deliver solutions that make good business sense. That’s also why we work in small teams with a single senior-level point of contact, providing cost-effective, client-centered service built upon expert insights.

Attorneys Practicing in Real Estate
Elvester_Rachel_342Rachel (Elvester) Bristow
Shareholder
Carpenter_Charlie_420Charles Carpenter
Shareholder
Cox_Steve_377Steven Cox
Shareholder
Duggan_Rory_510Rory Duggan
Shareholder
Eidson_Gary_037Gary Eidson
Shareholder
Jones_Jeff_268Jeffrey Jones
Shareholder
Ladner_Fred_234Frederick Ladner
Shareholder
Longren_Kenzie_234Kenzie Longren
Associate
Welsch_Katie_325Katie Welsch
Shareholder
Westra_Mark_467Mark Westra
Of Counsel

Mergers & Acquisitions

Responsive, practical business solutions to achieve the goals of our clients

Businesses today face more challenges than ever in pursuing their strategic goals and protecting the interests of stakeholders. Our mergers & acquisitions (M&A) practice delivers responsive and practical solutions in an increasingly complex M&A marketplace.

Fabyanske, Westra, Hart & Thomson represents buyers and sellers in a wide variety of M&A transactions. Our lawyers provide start-to-finish assistance in the M&A process, including the evaluation, structuring, negotiation, documentation, and closing of the deal. We also have several attorneys who have practiced as CPAs, permitting us to provide legal and financial advice as well as creative tax solutions. We provide multi-disciplinary advice to handle all aspects of a transaction—from title issues, successor liability, executive compensation, retention and severance agreements, employee matters, environmental concerns and other issues that can arise in an M&A transaction.

More than just lawyers, we are business advisors. We have assisted clients in identifying potential targets and potential acquirers. For the last decade, our attorneys averaged one M&A transaction per month, with transaction sizes ranging from a few million dollars to more than $250 million. Whether the buyer is a strategic or financial acquirer or the seller is a first-transaction entrepreneur, we have the necessary legal and business expertise to get the deal done right.

Attorneys Practicing in Mergers & Acquisitions

 

Anderson_Scott_548Scott Anderson
Shareholder JD/CPA
Cox_Steve_377Steven Cox
Shareholder
Eidson_Gary_037Gary C. Eidson
Shareholder
Jones_Jeff_268Jeffrey Jones
Shareholder
Ladner_Fred_234Frederick Ladner
Shareholder
Redpath_John_402John Redpath
Shareholder
Thomas Trier
Associate
Tucci_Tom_438Thomas Tucci
Shareholder

Intellectual Property

Innovative strategies to protect your intellectual property

Intellectual property rights are a significant source of value and competitive advantage for most companies, but they are some of the most complex rights to understand and enforce.

To meet this challenge, companies of all sizes and types turn to Fabyanske, Westra, Hart & Thomson’s experienced Intellectual Property practice for a full range of IP legal services and advice, including patent and copyright infringement, trademark and trade dress infringement, trade secret misappropriation, and ownership and licensing of intellectual property.

Our attorneys have significant experience in every aspect of patent litigation and have successfully represented clients from a broad range of industries, including medical device, outdoor patio furniture, and construction equipment.

We also have significant experience prosecuting and defending infringement claims involving copyrights, trademarks and trade dress, as well as disputes involving trademark dilution, unfair and deceptive trade practices, and a host of other business torts that often arise in intellectual property disputes, such as business defamation and tortious interference with contractual relations.

Attorneys Practicing in Intellectual Property
Hart_Kyle_496Kyle Hart
Shareholder
Jensen_Dick_012Richard Jensen
Shareholder

Labor & Employment

Proactive counsel and vigorous representation in labor and employment matters

Our Labor and Employment Law practice thrives by understanding not just the substantive law in this field but also the business issues facing our clients. Our attorneys focus on the representation of employers in the management of their workforces, throughout the life cycle of the employer-employee relationship.

We are experienced in drafting and reviewing all manner of employment agreements and manuals. We also advise on effective policies and practices that minimize risk and accommodate the real business needs of our clients. We counsel clients on sensitive issues such as unfair competition, allegations of harassment and other unfair workplace practices, issues related to corporate governance, and interaction with unions.

When a dispute arises, whether it be an administrative charge brought before a state or federal agency or a lawsuit brought in state or federal courts, we have the experience and resources to bring it to its most expedient, cost-effective solution, whether through negotiation, mediation, arbitration or litigation.

While we primarily advocate on behalf of employers and management, our attorneys have served as neutrals in certain circumstances. When these situations arise, our focus is on bringing the matters to timely and efficient resolution. To that end, we are experienced in both arbitrations and mediations.

In every scenario, we look beyond just the immediate possible outcomes to the potential implications of those outcomes—to employees, to management, to the company’s reputation, and to the business as a whole.

Attorneys Practicing in Labor & Employment
Spalj_Greg_455Gregory Spalj
Shareholder
Thomson_Dean_494Dean Thomson
Shareholder
Tucci_Tom_438Thomas Tucci
Shareholder
Vollbrecht_Thomas_croppedThomas Vollbrecht
Shareholder

 

Finance, Lending & Banking

Combining expertise in lending with innovative legal solutions

The Finance, Lending & Banking attorneys at Fabyanske, Westra, Hart & Thomson understand the business of banking, the complexities of commercial and real estate finance and the importance of accomplishing our clients’ most pressing business objectives in an efficient manner while mitigating risk. Our team of dedicated Finance, Lending & Banking attorneys have more than 150 years of experience in commercial and real estate lending to deliver to our clients the expertise derived from thousands of transactions.

We staff our projects with small teams of great lawyers, formed around one single point of contact through the life of the transaction. When the need arises, we draw on the resources of our other specialized practice groups–Loan Restructuring, Workout and Bankruptcy, Real Estate, and others–to help our clients take advantage of the latest legal and financial innovations.

With a well-earned and widely-recognized reputation for deftly handling complex matters, we regularly represent some of the nation’s largest financial institutions, as well as state and local banks, insurance companies, commercial finance companies, and select borrowers in lending transactions of every type, including commercial loans, real estate loans, leveraged buyouts, recapitalizations, asset-based loans, revolving credit loans, mezzanine financings, lines of credit, LIHTC, Historic Tax Credit and New Markets Tax Credit transactions, and many others.

The Fabyanske, Westra, Hart & Thomson Finance, Lending and Banking team can successfully guide you through the complexities of lending while anticipating challenges and applying practical solutions throughout every phase, in every project.

Attorneys Practicing in Finance, Lending & Banking
Elvester_Rachel_342Rachel (Elvester) Bristow
Shareholder
Carpenter_Charlie_420Charles Carpenter
Shareholder
Cox_Steve_377Steven Cox
Shareholder
Duggan_Rory_510Rory Duggan
Shareholder
Eidson_Gary_037Gary Eidson
Shareholder
Jones_Jeff_268Jeffrey Jones
Shareholder
Ladner_Fred_234Frederick Ladner
Shareholder
Longren_Kenzie_234Kenzie Longren
Associate
Welsch_Katie_325Katie Welsch
Shareholder
Westra_Mark_467Mark Westra
Of Counsel

Corporate & Tax Planning

Experienced, practical and results-oriented business counselors

With extensive experience representing closely held businesses and their owners, Fabyanske, Westra, Hart & Thomson’s team of Corporate and Tax Planning attorneys is respected for the ability of our attorneys to structure, negotiate and implement business and personal strategies that balance our clients’ immediate objectives with long-term benefits. From general corporate matters, financing, tax, business succession planning, employment and employee benefit issues to structuring complex mergers and acquisitions, we know how to address the challenges of today and provide the foundation for the opportunities of tomorrow.

We also regularly represent lenders and borrowers in commercial loan transactions, lessors and lessees in real estate and equipment leasing transactions, developers and lenders in real estate development transactions and creditors and debtors in lending, bankruptcy and debt restructuring matters. Several of our attorneys are trained CPAs who previously worked with regional or international accounting firms, giving our attorneys the uncommon ability to advise clients from both legal and financial perspectives.

In today’s increasingly complex business environment, it’s more important than ever for your advisor to be more than just knowledgeable, but also insightful and forward thinking–the hallmarks of a Corporate and Tax Planning lawyer at Fabyanske, Westra, Hart & Thomson.

Attorneys Practicing in Corporate & Tax Planning
Anderson_Scott_548Scott Anderson
Shareholder JD/CPA
Heinson_Gordon_074Gordon Heinson
Of Counsel
Ray_Nathan_332Nathan Ray
Shareholder
Thomas Trier
Associate
Redpath_John_402John Redpath
Shareholder
Tucci_Tom_438Thomas Tucci
Shareholder

Commercial Litigation

Committed to solutions that make business sense

Our Commercial Litigation attorneys have extensive trial, mediation and arbitration experience in complex commercial litigation, real estate litigation, partnership and shareholder disputes, insurance disputes, and securities fraud. We work closely with our clients to identify and understand potential areas of exposure, devise strategies to manage risk, and ultimately, resolve disputes both efficiently and effectively.

  • Commercial Litigation. Our attorneys have significant experience in a broad range of business issues, including contract disputes, claims for fraudulent and negligent misrepresentation, matters arising under the uniform commercial code, class actions, fraudulent transfer claims, breach of fiduciary duty claims, tortious interference claims and other business torts.
  • Real Estate Litigation. We have represented developers and owners in disputes involving the scope of development, the quality of the development, and a myriad of other real estate related disputes.
  • Corporate and Partnership Governance Disputes. In the field of shareholder and partnership disputes, we have significant experience representing shareholders, partners, boards of directors, corporations, and LLCs in litigation involving allegations of breach of fiduciary duties, usurpation of corporate opportunities, fraud, and breaches of trust. Our clients represent a range of industries, including real estate ventures, product producers, medical device companies, re-sellers, inventors, and many others.
  • Insurance.  Our attorneys represent individuals and businesses in a variety of insurance matters, including coverage of third party claims under insurance for commercial general liability, errors and omissions liability, professional liability, and directors and officers liability. In that regard, our attorneys counsel clients regarding the insurer’s duty to defend, the right to control the defense, reservations of rights, unfair claims handling, bad faith claims, and coverage for unfair competition, patent, copyright, trademark, deceptive trade practices, false advertising and related claims.

As counsel to our clients, our goal is to avoid litigation whenever possible. However, when litigation is unavoidable, Fabyanske, Westra, Hart & Thomson attorneys provide results-oriented, resourceful and cost-effective representation.

Attorneys Practicing in Commercial Litigation
Alexander Athmann
Associate
Becker_Mark_308Mark Becker
Shareholder
Hugh-Brown-smallHugh D. Brown
Shareholder
Colin_Bruns_smlColin M. Bruns
Associate
Collins_Matt_105Lucas Clayton
Associate
Collins_Matt_105Matthew Collins
Shareholder
Douglas_Julia_155Julia Douglass
Shareholder
Fabyanske_Marv_032Marvin Fabyanske
Of Counsel
Hart_Kyle_496Kyle Hart
Shareholder
Radaj_Elise_126Rebecca Huting
Associate
Jensen_Dick_012Richard Jensen
Shareholder
Jones_Jeff_268Jeffrey Jones
Shareholder
Radaj_Elise_126Elise Radaj
Associate
Ratelle_Paul_528Paul Ratelle
Shareholder
Radaj_Elise_126Lauren Ritchie
Associate
Thomas Schram
Associate
Sellers_Nathan_015Nathan Sellers
Shareholder
Spalj_Greg_455Gregory Spalj
Shareholder
Thomson_Dean_494Dean Thomson
Shareholder
Vollbrecht_Thomas_croppedThomas Vollbrecht
Shareholder
Wells_Leon_126Leon Wells
Associate