Map It 14

Expertise

Getting your vision off the ground requires a legal team with the know-how to make things happen.

We support the real estate, land use, finance, litigation, bankruptcy, and business transactions needs of the companies with which we work. Although each group is focused on providing exceptional service in their designated area of law, they work together to provide holistic, proactive and thoughtful counsel to each client.

Practice Areas

Bankruptcy & Troubled Loans

Our Bankruptcy & Troubled Loans group provides results-oriented counsel to lenders and borrowers with issues related to creditors’ rights, loan modifications, workouts, distressed acquisitions and dispositions, financial restructuring and bankruptcies.

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Business Transactions & Capital Markets

Our Business Transactions & Capital Markets group regularly advises the firm’s clients in structuring and completing a wide range of transactions – from fund formation and joint ventures, to complex mergers and acquisitions.

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Eminent Domain

Otten Johnson’s Eminent Domain practice group specializes in large, complex condemnation cases. We represent land owners whose properties are being acquired by the government in urban, rural and mountain communities across Colorado.

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Land Use

Our Land Use clients include: developers and home builders, publicly traded REITs, large format retailers, telecommunications companies, international real estate investors, and non-real estate companies with real estate holdings that support their operations.

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Litigation

Otten Johnson provides a broad range of business litigation and other dispute resolution services, and our Litigation attorneys have extensive trial experience in the state and federal courts, as well as mediation and arbitration venues.

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Real Estate

Otten Johnson has unrivaled depth of experience and talent in real estate matters, having dealt with nearly every type of issue or transaction relating to real estate. The firm’s Real Estate practice group brings formidable resources to bear on each and every matter it handles.

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Real Estate Finance

Our Real Estate Finance practice group enjoys a national reputation for business savvy and closing efficiency. We represent insurance companies, banks, pension funds and other financial institutions, as well as individuals and specialty lenders.

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Industries

Agriculture

Since the firm’s founding, Otten Johnson attorneys have represented farmers, ranchers, dairy operators, vineyards, agricultural operators and food processing and packaging companies throughout Colorado and the western United States. In addition to providing corporate and tax counsel, the agriculture team has focused on a wide range of matters affecting the industry. The firm also represents financial institutions, agricultural lenders and investors in agricultural matters. Otten Johnson’s litigation group can also assist with all aspects of disputes between landlords and tenants and bankruptcy issues.

Representative Ser​vices

  • Acquisition and sale of agricultural properties and businesses
  • Management agreements
  • Grazing and crop leases
  • Land lease issues
  • Mortgage lending
  • Financing of agricultural operations
  • Water rights
  • Oil, gas and mineral rights
  • Wind and solar energy development leases and royalties
  • Electricity transmission access and owner’s rights
  • Tax issues, including property tax appeals
  • Easement access and related disputes
  • Land owner’s rights
  • Land conservation
  • Foreclosures, bankruptcies and workouts of troubled loans
  • Litigation and dispute resolution related to real property issues

Charter Schools

Charter school finance and construction is a specialized area in which Otten Johnson has unique expertise. Our real estate finance group represents leading financial institutions in acquisition, development, construction, and permanent financings for charter schools around the country.  We understand the particular and important issues involved in financing charter schools and have extensive experience designing financing solutions on behalf of lending clients to meet their goals.

Representative Services

  • Commercial and real estate secured loans
  • Secured, revolving and non-revolving lines of credit
  • Deeds of trust and other securitized instruments
  • Letters of credit
  • Project finance
  • Construction loans
  • Permanent Loans
  • Refinancing and loan assumptions
  • Participation, co-lender and intercreditor agreements
  • Lending regulatory compliance 

Construction

Otten Johnson attorneys have significant experience dealing with a wide array of construction issues. We routinely represent owners of all types in negotiation of construction, design, and design-build contracts. The attorneys in our litigation group also have experience resolving construction disputes, including litigating design/construction defect cases and other construction damages actions. Otten Johnson’s corporate attorneys can also assist construction industry clients with their corporate needs, including entity formation and tax issues.

Representative Services

  • AIA contracts
  • Design, project management, and construction contracts
  • Permitting and utilities
  • Financing/refinancing
  • Entity formation and joint ventures
  • Corporate matters
  • Tax
  • Easement issues
  • Construction and design defect litigation
  • Mechanics’ lien issues

Education

Otten Johnson has served educational organizations in connection with development of a wide range of facilities. We represent daycare centers, private, public and charter schools, for-profit technical schools, community colleges, and private and public universities in a variety of real estate matters. We have experience with the Defense Base Closure and Realignment Act (BRAC) and related real estate and reporting matters. On the transactional side, our attorneys can assist clients with financing, planning, approval and operation of educational facilities, as well as general corporate needs relating to entity formation, contract negotiation and tax matters. Our litigation attorneys can represent clients in connection with a wide variety of issues including: real estate and land use disputes, landlord/tenant matters, and general business disputes.  

Representative Services

  • Acquisition of real property; purchase and sale agreements
  • Land use approvals
  • Design and construction agreements
  • Permitting and utilities
  • Entity formation 
  • Leasing and tenant finish negotiations
  • Financing and loans for operations of educational businesses
  • Acquisition due diligence
  • Entitlement, survey and zoning reviews
  • Review of appropriate licenses and agreements 
  • Representation of clients in landlord/tenant disputes and litigation
  • Corporate matters

Energy-Alternative Energy, Oil and Gas

Otten Johnson’s energy team represents traditional and renewable energy producers, transmission developers and financial providers in real estate matters. We also represent property owners, land developers, farmers, ranchers and retail/commercial property owners in matters related to energy production, transmission and renewable energy incentives. 

We apply our experience in land use and real estate law to help clients acquire land and access rights, develop energy resources and navigate the labyrinth of local, state and federal regulations.

We help clients with the surface development of land for non-energy purposes, including due diligence regarding the status of mineral estate, rights of third parties to use the surface of the land and negotiation of surface use agreements. We represent land owners in the negotiation of solar and wind farm leases, siting evaluation and due diligence regarding land use approvals for developers of renewable energy production, and negotiation and implementation of economic development incentives. 

Along with development, real estate and other general business disputes, our litigators handle all aspects of disputes that an energy, alternative energy or oil and gas company might face.  Rounding out our services for our clients in this industry, our corporate transactional attorneys can assist with entity formation, tax and related matters.

Representative Services

  • Real estate and land use acquisition due diligence 
  • Site selection and evaluation
  • Annexation, zoning, subdivision and related entitlements
  • Infrastructure financing and public finance arrangements
  • Urban renewal, sales and other tax sharing arrangements
  • Traditional acquisition, construction and investment financing
  • Wind and solar farm leasing (landlord and tenants)
  • Joint ventures
  • Land leasing
  • Easements and right-of-way access
  • Site control, permitting and environmental assessment
  • Public lands and Indian lands right-of-way
  • Renewable portfolio standards
  • Eminent domain and condemnation proceedings
  • Design and construction agreements
  • Federal, state and local tax incentives
  • Mineral, wind and solar rights
  • Underground and surface infrastructure development
  • Leasehold mortgages and surrender of property at the expiration of leases

Green Building

Otten Johnson offers significant capabilities in the area of “green” or “sustainable” development and the legal issues evolving in that arena. The firm’s ranks include two lawyers who are Leadership in Energy and Environmental Design (LEED) Accredited Professionals:  Bob Fisher and Kim Martin. It is becoming clear that substantial economic and other commercial benefits are now being realized and recognized by the development community from embracing green building practices in connection with new developments and redevelopments, especially in the long term. Aside from private sector drivers, governmental authorities at the federal, state and local levels continue to promulgate energy savings and other measures focused on sustainable development that must be addressed by developers in the course of their business. The attorneys in our litigation group also have experience resolving construction disputes, including litigating design/construction defect cases and other related actions. Otten Johnson’s corporate attorneys can also assist Green Building clients with their corporate needs, including entity formation and tax issues. 

Representative Services

  • Federal, state and local statutory and code compliance
  • Urban renewal, and brownfield and greenfield development
  • Conventional equity and debt financings for development acquisitions and construction projects
  • Conservation easements and similar open space set-asides
  • Structuring and management of residential and commercial planned communities, and related declarant responsibilities
  • Employee and affordable housing
  • Homebuilder construction warranty and other liability issues
  • Liabilities associated with marketing and advertising practices
  • Green leasing issues

Healthcare/Medical Office Buildings

Otten Johnson attorneys have significant experience representing clients in connection with the development, redevelopment, acquisition, sale, leasing and financing of healthcare facilities and medical office buildings. These projects range from individual lease transactions relating to small medical practices to major development and redevelopment of entire hospital campuses. On the transactional side, our attorneys can assist clients in the healthcare industry with financing, planning, and general corporate needs relating to entity formation, contract negotiation and tax matters. Our litigation attorneys can represent clients in connection with a wide variety of issues facing healthcare facilities, including issues relating to real estate and land use disputes, landlord/tenant matters, and general business disputes.  

Representative Services

  • Acquisition of real property; purchase and sale agreements
  • Land use approvals
  • Design and construction agreements
  • Permitting and utilities
  • Entity formation 
  • Leasing and tenant negotiations
  • Financing and loans for medical office buildings
  • Acquisition due diligence
  • Entitlement, survey and zoning reviews
  • Representation of clients in landlord/tenant disputes and litigation
  • Corporate matters

Homebuilding

Otten Johnson has assisted homebuilders with developing literally thousands of new housing units in Colorado and across the nation. We serve a wide variety of players in the homebuilding industry, including developers, owners, operators, residential land developers and lenders. We have experience with a range of project types, from large, complex, multi-phase and multi-builder planned communities, to small, urban in-fill projects. The attorneys in our litigation group also have experience resolving construction disputes, including litigating design/construction defect cases and other construction damages actions. Otten Johnson’s corporate attorneys can also assist homebuilders with their corporate needs, including entity formation and tax issues. 

Project Types

  • Single-family housing developments
  • Townhomes
  • Condominiums
  • Timeshares
  • Mixed-use projects
  • Planned community developments

Representative Services

  • Land use planning
  • Acquisition and disposition
  • Project financing
  • Entity formation and joint ventures
  • Project management and development agreements
  • Land development
  • Zoning and entitlements
  • Community development
  • Colorado Common Interest Ownership Act (CCIOA) documents
  • Project documents and secondary market financing compliance
  • Regulatory agency review and approvals
  • Project design and construction contracts
  • Lease and use agreements
  • Water rights
  • Natural resources and energy issues
  • Tax 
  • Special districts
  • Construction and construction defect litigation
  • Litigation and dispute resolution

Hospitality and Resorts

Otten Johnson provides a wide range of services to some of the most respected resorts and hotels in the United States. Our real estate, land use, litigation and corporate attorneys advise property owners, operators, franchisors, franchisees, investors, lenders and financial institutions on legal and business issues. The hospitality and resorts team has served clients across North America, on projects ranging from small boutique hotels to large complex ski and golf resorts. Our team has worked with most of the major brands of hotels in the United States, as well as many luxury independent hotels. 

We see our role as business advisors, bringing over 25 years of experience in hospitality/resort development to each client and project. The acquisition of a hotel or resort is as much an acquisition of an operating business as it is an acquisition of a real estate asset. We have assisted many owners, operators and franchisees in the successful transfer of both real property and business operations.  We also have extensive experience negotiating management agreements and advising on operational issues that arise between owners and operators.  

Having represented buyers, sellers, financial institutions and investors in many complex deals, we understand the concerns and perspectives of every side, anticipating issues before they arise so we can best advise our clients throughout the process.   

Representative Services:

  • Land use planning issues
  • Acquisition and disposition
  • Project financing
  • Mergers and acquisitions
  • Joint ventures
  • Management and operating agreements
  • Property development
  • Rebranding 
  • Franchise agreements
  • Zoning and entitlements
  • Master redevelopments
  • Regulatory agency review and approvals 
  • Project design and construction contracts
  • Leases and use agreements
  • Water rights and natural resources issues
  • Alcoholic beverage regulatory issues
  • Tax and tax credits 
  • Timeshare, condominium and mixed-use projects
  • Conservation easements
  • Federal and state lands issues
  • Litigation

Lending and Finance/Investment Banking

Commercial real estate lending has always been a substantial part of Otten Johnson's practice. Our real estate finance group represents leading financial institutions, insurance companies, private investors and borrowers nationwide in acquisition, development, construction, and permanent financings covering the gamut of real estate properties.  We have extensive experience designing financing solutions on behalf of lending and investment clients. In addition, our bankruptcy & troubled loans practice group assists lender clients with loan workouts, deed-in-lieu transactions and foreclosures.

Representative Services

  • Commercial and real estate secured loans
  • Secured, revolving and non-revolving lines of credit
  • FHA multi-family project loans and affordable housing financing
  • Deeds of trust and other securitized instruments
  • Letters of credit
  • Agriculture, timber and natural resource financing
  • Alternative energy (wind, solar, geothermal) financing
  • Project finance
  • Bond enhancements
  • Construction loans
  • Mezzanine financing
  • Refinancing and loan assumptions
  • Equity investment financing
  • Participation, co-lender and intercreditor agreements
  • Lending regulatory compliance 
  • Litigation and dispute resolution
  • Workouts and foreclosures

We have handled financing transactions throughout the United States, including: 

  • Mixed-use developments
  • Office buildings, industrial buildings and parks
  • Retail 
  • Raw land
  • Single-family developments
  • Multi-family properties and manufactured housing communities
  • Residential and commercial condominiums
  • Hotels
  • Assisted-living facilities
  • Resort properties
  • Sports arenas
  • Energy facilities, including wind and solar farms
  • Healthcare facilities and medical office buildings
  • Mines and aggregate production

Local Government and Special Districts

Otten Johnson has long represented private landowners, developers, lenders and investors in negotiation and coordination with a myriad of special districts and local governments throughout Colorado. We have assisted developers in achieving their goals when working with metropolitan districts, general improvement districts, municipalities, urban renewal authorities and state and federal agencies. These projects have involved the development of retail and large scale mixed use projects, resorts, hotels, conference centers, public facilities, telecommunications facilities, transportation centers and sports arenas.  

We counsel clients on the negotiation and documentation for special district and urban renewal redevelopment agreements, PIF covenants, tax increment financing (TIF), sales tax sharing, property tax and sales tax rebates and other creative mechanisms to create and implement the desired public finance structure. When required, we’ve represented developer-controlled Title 32 districts in the condemnation of property for development.

We occasionally represent special districts, cities and counties in issues of regulatory takings, Section 1983 claims, eminent domain and public finance, often in the context of public-private arrangements and partnerships.

Representative Services

  • Financing issues, including public financing arrangements
  • Special  district formation, election and dissolutions
  • Urban renewal
  • Eminent domain and condemnation proceedings
  • Regulatory takings
  • Negotiation and drafting agreements, including reimbursement agreements
  • Land use and zoning issues

Manufactured Housing Communities

Otten Johnson’s manufactured housing communities industry group has extensive experience representing owners and operators of manufactured housing communities throughout the United States, including in Colorado, Texas, Oklahoma, North Dakota and New Mexico.  The firm regularly assists its clients in acquisitions and dispositions, financing transactions (including CMBS financing), ground lease negotiations, operational matters (including compliance issues), and litigation.  As a result of representing one of the most active manufactured housing operators in the United States over the past several years, the lawyers at Otten Johnson are knowledgeable regarding the current trends in the industry, and are well-suited to assist in any legal matter involving the manufactured housing industry.

Representative Ser​vices

  • Acquisitions and sales
  • Financings and refinancings
  • Entity formation
  • Regulatory compliance
  • Landlord-Tenant matters
  • Management agreements
  • Ground leases
  • Development issues
  • Foreclosures, bankruptcies and workouts of troubled loans
  • Litigation and dispute resolution related to real property issues

Manufacturing

Otten Johnson provides general business transaction and tax counsel as well as litigation services to manufacturing companies. Our attorneys have experience working with manufacturing clients and their interactions with suppliers, vendors, clients, and distributors. We also counsel clients on business and asset acquisitions and sales and the related issues that arise in these transactions. Our litigators have represented manufacturing clients in a variety of commercial disputes.  

Additionally, Otten Johnson attorneys are uniquely suited to advise manufacturing clients on their real estate needs, including acquisition and development of new physical facilities, and on condemnation matters.  

Representative Services

  • Corporate matters
  • Entity formation and joint ventures
  • Tax
  • Negotiation and drafting agreements
  • Business and asset acquisition and disposition
  • UCC secured transactions
  • Collections and recovery of collateral
  • Litigation
  • Eminent domain and condemnation proceedings
  • Bankruptcy
  • Acquisition of real property; purchase and sale agreements
  • Land use approvals
  • Design and construction agreements for facilities
  • Permitting and utilities
  • Financing and loans for operations
  • Acquisition due diligence
  • Entitlement, survey and zoning reviews
  • Review of appropriate licenses and agreements

Multifamily Housing

Otten Johnson’s multifamily housing team has extensive experience with a wide variety of issues facing clients in the multifamily housing industry, and provides services to owners, developers, builders, investors, lenders, commercial landlords and tenants, governments, property managers, REITS, condominium converters and real estate buyers and sellers. Our transactional and land use attorneys specialize in real estate acquisition and disposition, entity formation, financing, tax, land use, leasing, annexation, zoning entitlements, private/public partnerships, urban redevelopment, foreclosures and workouts. Our litigators assist clients with a wide range of commercial disputes, including construction, eminent domain, First Amendment, homeowners’ association, bankruptcy and distressed property litigation.   

We have worked on projects throughout the United States, ranging from small acquisitions to large, multi-use complexes.  

Project/Client Types

  • Apartments
  • Condominiums
  • Resorts and hotels
  • Market rate housing
  • Senior living and assisted living
  • Affordable, public and non-profit housing
  • REITS
  • Developers
  • Operators

Real Estate

  • Acquisition and disposition
  • Land use and zoning approvals
  • Management contracts
  • Title and survey review
  • Due diligence
  • Land use matters
  • Zoning and regulatory approvals
  • Joint ventures and entity formation
  • Tax planning

Financing

  • Fannie, Freddie, HUD and government programs
  • Bond and mortgage 
  • Private and venture capital 
  • Conventional financing
  • Loan assumptions
  • Public housing bonds

Condominiums

  • Preparation of declarations, bylaws and registrations
  • Public offering statements and sales contracts
  • Negotiations of documents, plats and plans with government agencies
  • Organization of condominium associations
  • Declarations, bylaws, registrations
  • Condominium association regulations
  • Design/construction contracts 
  • Joint ventures and entity formation
  • Tax planning
  • Construction litigation

Office and Industrial Buildings

Otten Johnson has had a hand in almost every block in downtown Denver, having represented either a developer, landlord, tenant, lender or borrower in significant transactions spanning the city. The firm’s attorneys have extensive experience with office and industrial buildings throughout Colorado and the United States. This experience includes all types of office and industrial projects, including new buildings, mixed-use projects, and transit-oriented developments (TODs).

Our real estate attorneys also handle acquisitions/dispositions and financing issues and represent both tenants and landlords in connection with leasing matters. Our litigators have substantial experience representing clients with industrial and office building interests on a wide variety of disputes. Along with development, real estate and other general business disputes, our litigators handle all aspects of disputes between landlords and tenants, including breach of lease/collection actions, commercial evictions and bankruptcy issues. Rounding out our services for this industry, our corporate transactional attorneys can assist with entity formation, tax and related matters.

Additionally, several of the firm’s attorneys are LEED certified and help building owners and managers with LEED certification and contract/lease issues related to sustainable buildings.  

Representative Services

  • Entity formation 
  • Real estate and land use acquisition
  • Site selection and evaluation
  • Regulatory approvals
  • Annexation, zoning, subdivision and related entitlements proceedings
  • Infrastructure financing and public finance arrangements
  • Urban renewal, sales and other tax sharing arrangements
  • Traditional acquisition, construction and investment financing (represent both borrowers and lenders)
  • Leasing (represent both landlords and tenants)
  • Acquisition and disposition of real property
  • Tax planning and structuring
  • Corporate matters
  • Litigation and dispute resolution
  • Evictions
  • LEED® certification related issues
  • Commercial condominiums and commercial condominium conversions

Publishing

Otten Johnson assists businesses in the publishing industry with general business and corporate legal needs as well as disputes and litigation. These services cover a range of issues, including contract negotiation, collection issues and representation in litigation. Our litigation attorneys have experience representing publishers in connection with defamation/libel suits, actions relating to distribution and other contractual agreements, and unfair competition cases.   

Our attorneys are also well-equipped to assist publishing industry clients with real estate related needs concerning their physical facilities, such as acquisition and leasing issues and property tax appeals. 

Representative Services

  • Corporate matters
  • Entity formation and joint ventures
  • Tax
  • Negotiation and drafting agreements
  • Business and asset acquisition and disposition
  • Litigation
  • Defamation/libel litigation
  • Unfair competition litigation
  • Eminent domain and condemnation proceedings
  • Bankruptcy
  • Acquisition of real property; purchase and sale agreements
  • Land use approvals
  • Design and construction agreements for facilities
  • Permitting and utilities
  • Financing and loans for operations
  • Acquisition due diligence
  • Entitlement, survey and zoning reviews
  • Review of appropriate licenses and agreements

Railroads and Transportation

Otten Johnson attorneys have significant experience representing railroads and transportation industry clients on a wide range of real estate and land use matters, including acquisitions/dispositions, financing, and right-of-way issues. Additionally, the attorneys in our Business Transactions & Capital Markets practice group are well-equipped to assist railroad and transportation industry clients with tax issues and corporate matters such as entity formation, contract drafting/negotiation. Our litigators have experience dealing with many of the real-estate and business-related disputes facing entities in these industries and are able to assist railroad and transportation clients with a wide variety of litigation matters. 

Additionally, we represent numerous clients in their interactions with railroads and other transportation authorities.

Representative Services

  • Acquisition of real property; purchase and sale agreements
  • Land use approvals
  • Review and negotiation of appropriate easements, licenses and agreements
  • Design and construction agreements
  • Permitting and utilities
  • Due diligence matters
  • Entitlement, survey and zoning review
  • Corporate matters
  • Entity formation and joint ventures
  • Tax
  • Representation of clients in related litigation matters

Religious Organizations

Otten Johnson represents all types of religious organizations and schools on issues relating to the development of real property. We have assisted churches and other religious organizations with their land planning and use needs, ranging from small expansions to regulatory and zoning approval of a 240,000 square foot campus. We have successfully pursued claims under the Religious Land Use and Institutional Persons Act (RLUIPA) on behalf of religious organizations in these matters in federal court, 10th Circuit Court of Appeals and in the United States Supreme Court. (For complete story on our representation of the Rocky Mountain Christian Church, see the Boulder Daily Camera story at http://www.dailycamera.com/ci_17055903.) 

Sometimes, litigation is necessary, and our land use and litigation attorneys have successfully represented religious organizations in court on issues arising from municipalities’, neighbors’ and other organizations’ opposition to religious organizations real estate and facility development initiatives.  

Representat​ive Services

  • Land Use Planning
  • Zoning and development approvals
  • Financing
  • Government relations
  • Litigation, including claims under the Religious Land Use and Institutional Persons Act of 2000

Retail

Otten Johnson represents shopping center landlords and tenants, developers, managers, investors and lenders as well as local, regional and national retailers. Our retail team has assisted in all phases of development, redevelopment and leasing for many large retail centers, malls of all sizes, outlet malls, power centers, large format single or multiple user sites and mixed use projects. Our real estate attorneys also handle acquisitions/dispositions and financing issues and represent both tenants and landlords in connection with leasing matters. Our litigators also have substantial experience representing retail industry clients on a wide variety of disputes. Along with development, real estate and other general business disputes, our litigators handle all aspects of disputes between landlords and tenants, including breach of lease/collection actions, commercial evictions, UCC foreclosures, and bankruptcy issues. Rounding out our services for retail industry clients, our corporate transactional attorneys can assist retail clients with entity formation, tax and related matters.

The retail team has provided legal counsel and business advice to retail clients throughout North America.  

Representative Services

  • Leasing (landlord and tenant representation)
  • Entity formation and joint ventures
  • Site selection and evaluation
  • Real estate acquisition due diligence
  • Land use planning, environmental compliance, annexation and zoning and regulatory compliance
  • Infrastructure financing and public financing (including urban renewal, sales and other tax sharing arrangements)
  • Acquisition, construction and investment financing 
  • Tax planning and structuring; tax credits
  • Title work
  • Land assemblage
  • Ground leases
  • Retail and commercial leases (landlords and tenants)
  • Design and construction documents
  • Reciprocal easement agreements
  • Development agreements
  • Management contracts
  • Municipal and government relations
  • Litigation and dispute resolution
  • Exterior signage regulations
  • Public/private partnerships
  • Mixed use and Transportation Oriented Developments (TODs)
  • Transportation
  • Renewable energy (rooftop solar, wind generation, geothermal)

Senior Living

Otten Johnson assists developers in navigating the complex financial, tax and regulatory environment related to developing senior housing facilities. We work closely with owners, developers, lenders, land use planners and investors on the development and financing of senior living, senior resorts, assisted living and skilled nursing facilities across the United States. We also represent developers of age-restricted planned communities and condominiums. The attorneys in our litigation group also have experience resolving construction disputes, including litigating design/construction defect cases and other construction damages actions. Otten Johnson’s corporate attorneys can also assist senior living facility developers with their corporate needs, including entity formation and tax issues. 

Representative Services

  • Purchase and sale of facilities
  • Securing conventional and HUD financing
  • Structuring development and investment entities and business formations including joint ventures, limited partnerships, limited liability companies and corporations
  • Site selection and evaluation
  • Real estate acquisition due diligence
  • Land use planning, environmental compliance, annexation and zoning and regulatory compliance
  • Acquisition, construction and investment financing 
  • Tax planning and structuring; tax credits
  • Title work
  • Commercial and residential leases
  • Design and construction documents
  • Development agreements
  • Management contracts
  • Municipal and government relations
  • Litigation and dispute resolution
  • Exterior signage regulations
  • Public/private partnerships
  • Planned community and condominium documents

Software/Technology

Otten Johnson’s attorneys have represented software and technology companies on a variety of business, litigation and corporate matters. Our litigators can assist software and technology clients in copyright disputes, and other types of commercial litigation including licensing and breach of contract actions. Otten Johnson's transactional attorneys in the Business Transactions & Capital Markets group are also well-equipped to counsel software and technology companies on issues such as entity formation, asset and business acquisitions and dispositions, financing, and structuring transactions with an eye toward minimizing tax burdens. Additionally, leveraging the experience of our Real Estate and Land Use attorneys, we are able to assist clients in the software and other technology industries with needs related to their physical facilities, including leasing, facility acquisition and financing, and siting approvals. 

Representative Services:

  • Entity formation 
  • Mergers and acquisitions
  • Venture capital and private equity
  • Credit finance
  • Public offerings
  • Restructurings and buyouts
  • Joint ventures and strategic alliances
  • Product distribution arrangements
  • Licensing transactions
  • Tax planning
  • Securities law disclosure
  • Corporate governance
  • General corporate and securities law counseling
  • Copyright issues and disputes
  • Litigation and dispute resolution
  • Facility acquisition/disposition, financing, leasing, and land use approvals

Telecommunications

Otten Johnson’s attorneys have experience providing real estate services to a variety of companies in the telecommunications industry. These services are national in scope and include leases and acquisitions of land and buildings along line routes, resolution of title issues, and negotiation of easements. Our land use lawyers have experience working closely with local governments on siting and permitting issues.  Our litigators also have experience negotiating antenna leases and in litigating disputes between antenna owners/operators and their lessees. Otten Johnson’s corporate attorneys can also assist telecommunications industry clients with their corporate needs, including entity formation and tax issues. 

Representative Services                                                

  • Real estate and land use acquisition due diligence
  • Easements and right-of-way access
  • Site selection and evaluation
  • Annexation, zoning, subdivision, special use review and related entitlements
  • Infrastructure financing and public finance arrangements
  • Joint ventures
  • Site control, permitting and environmental assessment
  • Public lands and Indian lands right-of-way
  • Design and construction agreements
  • Underground and surface infrastructure development
  • Corporate matters
  • Entity formation
  • Tax
  • Business- and real estate-related litigation

Transportation/Transit-Oriented Development

Otten Johnson attorneys have significant experience representing clients in connection with all aspects of the development of transit-oriented development (TOD). On the transactional side, our attorneys can assist clients with financing, planning, approval and operation of transit-oriented projects, as well as general corporate needs relating to entity formation, contract negotiation and tax matters. Our litigation attorneys can represent clients in connection with a wide variety of issues facing transit-oriented developments, including issues relating to condemnation along a transportation corridors, real estate and land use disputes, landlord/tenant matters, and general business disputes.  

Representative Services

  • Acquisition of real property; purchase and sale agreements
  • Land use approvals
  • Design and construction agreements
  • Permitting and utilities
  • Entity formation
  • Leasing and tenant negotiations
  • Financing and loans for transit-oriented development
  • Due diligence review of transit-oriented development opportunities
  • Entitlement, survey and zoning reviews
  • Review of appropriate licenses and agreements
  • Representation of clients in condemnation matters
  • Negotiating of utility and access easements

Wholesale Distribution

Otten Johnson advises clients in the business of wholesale distribution on a variety of corporate, business, tax and litigation matters. Our attorneys have the experience to provide counsel to distribution businesses at all stages, providing corporate, business and tax counsel relating to formation, day-to-day operations, asset and business sales, and winding-up. We have been involved in major asset and business sales and acquisitions, and our litigation attorneys assist clients with dispute resolution matters and a wide variety of commercial litigation that can arise in a wholesale distribution context. Our real estate and land use attorneys are also well-equipped to assist wholesale distribution clients with needs related to their physical facilities.

Representative Services

  • Corporate matters
  • Entity formation and joint ventures
  • Tax
  • Negotiation and drafting agreements
  • Business and asset acquisition and disposition
  • UCC secured transactions
  • Collections and recovery of collateral
  • Litigation
  • Eminent domain and condemnation proceedings
  • Bankruptcy
  • Acquisition of real property; purchase and sale agreements
  • Land use approvals
  • Design and construction agreements for facilities
  • Permitting and utilities
  • Financing and loans for operations
  • Acquisition due diligence
  • Entitlement, survey and zoning reviews
  • Review of appropriate licenses and agreements

Insights on Today’s Issues

Laws and regulations are always in a constant state of change. Our legal team helps you stay on top of relevant issues that impact your business and community.