Commercial Real Estate

In the area of commercial real estate, the firm's attorneys have been involved in a wide array of real property transactions, including the sale, leasing and purchase of office buildings, retail facilities such as shopping centers, apartment complexes, hotels, health care facilities, industrial sites, manufacturing facilities and condominium projects. Papernick & Gefsky regularly assists clients in the structuring and negotiation of sale and purchase transactions, including tax-deferred 1031 exchanges, and tax credit deals, and counsels clients through the "due diligence" process. This includes the representation of our clients before municipal authorities, such as zoning hearing boards, to secure variance and other special use permissions, review of survey information, and review of approval and other relevant documents. The firm's attorneys also assist clients in drafting and negotiating leases (including ground leases, triple-net leases, and the like), development agreements and management contracts.

In its practice, the firm has been involved in some of the most high-profile building projects in the Pittsburgh region, including representing the City of Pittsburgh public authorities in the acquisition and closing of sites which now comprise the PNC Park baseball stadium and the Heinz Field, and the new David Lawrence convention center.

Residential Real Estate

The firm is also very much involved in the field of residential real estate. The firm represents various lenders, builders and developers in this area, as well as individual homeowners who purchase and finance their homes. The firm has conducted literally tens of thousands of residential real estate closings, and is one of the few firms in all of Pennsylvania that has both a sophisticated commercial real estate practice as well as an active residential practices

Papernick & Gefsky, through its affiliated title insurance agency, Attorneys Abstract Company, Inc., has been one of the longest-serving title insurance agents in the Commonwealth of Pennsylvania. Attorneys Abstract Company, Inc. is an approved and licensed agent for three of the largest title insurance underwriters in the country: Commonwealth Land Title Insurance Company, Lawyers Title Insurance Corporation and First American Title Insurance Company.

Papernick & Gefsky, has a substantial concentration of representation of financial institutions, including commercial banks, insurance companies, state and federally chartered savings and loan associations and savings banks, mortgage brokers and private consortiums. The firm has significant experience in serving its lending clients in the following areas:

Financing/Loans - The firm represents lenders in connection with all types of financing mechanisms including:

• Equipment financing;

• Private and public offerings, including private bond issuance transactions;

• Government-related loans, such as tax increment financing and Pennsylvania Economic Development Finance Agency (PEDFA) bonds;

• Equity deals;

• Letters of credit transactions;

• Asset-based lending, balance-sheet lending and/or receivables-based lending transactions;

• Leasing transactions; and

• Specialized transactions, such as airplane loans and commercial condominium loans.

Loan Workouts - The firm assists clients in negotiations concerning restructuring of troubled transactions and loan modifications. Particular emphasis is placed on protecting the recovery of the lender's investment, with some sensitivity liability concerns.

Lender Liability - The firm also has significant experience in the area of lender liability, having defended lending institutions from purported claims made by customers.

Foreclosure/Collections - The firm litigates claims, as both plaintiff and defendant, in all judicial and quasi-judicial forums, including arbitration. The firm has significant experience in representing lenders in areas of the enforcement of loan documentation, including the collection on security and guaranties. As part of its practice, Papernick & Gefsky regularly handles mortgage foreclosure actions, deficiency judgment claims, and pursures creditor's rights through the bankruptcy court process.

The firm of Papernick & Gefsky is in essence "general counsel" to a wide range of small to medium sized business clients. In its role as general counsel, it is called upon to perform various functions such as:

Entity Formation: Papernick & Gefsky attorneys help their clients choose the proper form of entity in which to conduct business. The firm's attorneys have experience in counseling as to the ramifications of the various forms of doing business, including corporations, limited and general partnerships, limited liability companies and limited liability partnerships. In that context, Papernick & Gefsky lawyers regularly work with client's tax and accounting and insurance professionals to protect the value that their clients have worked hard to achieve for their businesses.

The firm of Papernick Gefsky works closely with its clients in connection with issues surrounding death, incompetence, and succession planning for businesses. The attorneys work to devise plans that will carry out their clients' wishes, while helping them to attempt to minimize probate and tax concerns.

Contract Claims - Representation of parties in commercial contract litigation seeking performance and damages. For example, representation of a business owner in a six million dollar claim against the PLCB for damages for breach of a commercial distribution contract; Representation of a national cable company in contract and municipal franchise litigation to enforce rights granted under the Cable Act; General representation of self-insured business concerns in defense of commercial litigation claims, including defense of a national lender for wrongful repossession of personal vehicle in which the lender claimed to hold a security interest; also representation of plaintiffs in collection of commercial accounts for the sale of goods and professional services.

Equitable Actions - Representation of parties seeking or defending claims for equitable and extraordinary relief pertaining to real estate and business ventures. For example, representation of financiers in dissolution and receivership proceedings with a co-venturer medical partner where the venture for development of cancer treatment centers was valued in the millions of dollars; Also represent parties in injunction, declaratory judgment and quiet title actions.

Stadium Authority - Successful litigation defense of the Stadium Authority of the City of Pittsburgh at trial and on appeal in claims alleging unlawful restraint of trade dealing with street vending and concessions contract; representation in recent civil actions challenging the Authority's participation with the RAD in undertaking Plan B financing and construction for new athletic stadiums; representation in contract and public bidding disputes

Tax Appeals - Representation of Owners and Developers of Commercial Buildings before administrative commissions and the Courts in matters claims seeking reduction of tax assessments.

The lawyers of Papernick & Gefsky represent our clients in connection with the pursuit of claims, as well as defense of lawsuits, before all state and federal courts, as well as arbitrations forums, quasi-judicial forums and mediation services. The goals of our litigators is to provide responsive and cost-effective representation. As an outgrowth of the real estate practice and business work that the firm handles, Papernick & Gefsky litigators have particular strengths in the handling of complex business claims, contract claims and disputes, leasing matters, title and title insurance matters, construction disputes, and collection claims.

Papernick & Gefsky represents clients in connection with the pursuit of claims. The goals of our litigators is to provide responsive and cost-effective representation. The firm handles a myriad of different issues for clients, ranging from personal injury claims to handling premises and personal liability claims, such as automobile accidents, "slip and fall" cases and the like.

As an outgrowth of its business counseling practice, Papernick & Gefsky, LLC counsels its business clients in the area of employment law, and handles the pursuit and defense of employment-related litigation. As part of its practice, Papernick & Gefsky reviews employer's employment policies and handbooks, drafts employment-related contracts for employees, independent contractors, and other non-traditional employment arrangements, and counsels employers on termination issues. The firm handles the pursuit and defense of discrimination, wage-hour and employment contract claims. In addition, the firm handles disputes concerning restrictive covenants and non-competition agreements.