Real Estate Litigation
Related ProfessionalsOverview
I turn to Kirkland whenever I have my most complicated matters and they always have the experts on hand to efficiently and effectively handle the issue. - Chambers USA
Kirkland’s Real Estate Litigation Practice Group features experienced trial lawyers nationwide who leverage deep real estate experience to resolve the industry’s most significant disputes. Whether involving intricate financing, ownership structures, or specialized real estate laws, we deliver a strategic and commercial approach to litigating that helps clients achieve their objectives in an efficient and cost-effective manner.
We represent clients in all forums, including state, federal and bankruptcy courts, as well as in arbitrations and other alternative disputes resolution proceedings, and with federal and state agencies. Our practice serves a diverse group of owners, ranging from the world’s most active and sophisticated private equity sponsors, publicly-traded REITs, sovereign wealth funds, major pension organizations to other institutional investors, developers, secured lenders, loan participants, bondholders, borrowers, tenants and other stakeholders.
Our team represents clients in a wide range of matters, including contractual disputes such as enforcement of buy-sell agreements, intercreditor disputes, foreclosures, joint venture and partnership disputes, complex financings, commercial and residential landlord-tenant issues, guarantees, construction defects and delays as well as land use and zoning challenges.
Our real estate transactional practice includes over 100 lawyers across the United States, Europe and Asia. We provide a unique advantage for all clients, given our breadth of practice area experience. Today, many complex domestic and international construction and land disputes require, and will significantly benefit from, related practice group guidance. Our capabilities in financing, M&A, capital markets, tax and other related areas have proven highly beneficial to clients, whether in disputes or in reaching resolutions.
Experience
Blackstone
Blackstone Real Estate Advisors L.P., et al. v. RCS Media Group S.P.A.; Blackstone Real Estate Advisors L.P., et al. v. Cairo (N.Y. Sup. Ct.); RCS Media Group S.P.A. v. Kryalos SGR S.p.A., et al. (Milan Chamber of Arbitration)
Represented Blackstone and a number of its affiliates in multijurisdictional litigation and arbitration relating to ownership of commercial properties in Milan, Italy. After hearing on the merits, all claims seeking to void Blackstone’s purchase of the properties were dismissed. The parties ultimately settled all claims in a manner favorable to Blackstone.
Posadas de Puerto Rico Associates, L.L.C. v. Condado Plaza Acquisition, LLC, et al. (N.Y. Sup. Ct.)
Represented Posadas de Puerto Rico Associates LLC, an affiliate of Blackstone Inc., which had agreed to sell The Condado Plaza Hilton, in San Juan, Puerto Rico to a purchaser. Kirkland won summary judgment in full on Blackstone’s right to terminate the purchase agreement and retain the escrow deposit in one of the first New York lawsuits to reach a decision on the merits over deals disrupted by the COVID-19 pandemic, confirming that New York courts will not lightly relieve parties of the bargains they struck.
Carlyle
Represented VXI Global Solutions, a portfolio company of Carlyle, in a dispute concerning a lease agreement of the historic LA Times building in downtown Los Angeles. Client was sued in LA Superior Court by its landlord, seeking to evict the company and thousands of its employees. After accelerated discovery, Kirkland obtained a complete victory for the client and, thereafter, secured the recovery of litigation costs and attorney’s fees.
Wynn Resorts
Representing Wynn Resorts in litigation brought by FBT Everett Realty, LLC, alleging that Wynn Resorts fraudulently obtained a discount on land to develop a casino in Everett, Massachusetts (Encore Boston Harbor). Matter is still pending. Among other matters for the company, also represented Wynn Resorts’ former CEO in RICO claim brought by different plaintiff related to Massachusetts gaming licensing process, obtaining a complete dismissal that was affirmed by the First Circuit in 2021.
Fortress
Representing Fortress Credit Corp., in defeating plaintiff Cohen Realty Enterprises’ (CRE’s) motion for a preliminary injunction to stop Uniform Commercial Code (UCC) foreclosure on a $550 million in loans and in an action to enforce a $190 million personal guaranty. In 2024, after a two-day evidentiary hearing, Kirkland defeated CRE’s preliminary injunction motion. The order delayed the sale to allow the parties to refine the marketing and sale auction plan. The court ultimately ruled in Fortress’s favor from the bench, allowing Fortress to proceed with its sale of the foreclosed collateral, reported as the largest UCC foreclosure sale in history. Kirkland secured summary judgment in favor of Fortress, awarding Fortress $187.25 million on a personal guaranty. Summary judgment unanimously affirmed on appeal.
Tier 1 Nationwide Real Estate
Chambers USA, 2023–2025
Real Estate Practice Group of the Year
Law360, 2024
Tier 1 Real Estate Firm
The Legal 500 United States, 2025