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QPWB Business, Financial & Real Estate

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QPWB Business, Financial & Real Estate

  1. 1. QUINTAIROS, PRIETO, WOOD & BOYER, P.A. Attorneys at Law QPWB BUSINESS, FINANCIAL SERVICES & REAL ESTATE DIVISION Business Law Practice Areas • Business Transactions • Business Litigation • Business Formation and Entity Selection • Shareholder, Partner and Member Disputes • Contract Negotiation & Documentation • Non Compete Agreements • Wills and Estates Financial Services Practice Areas • Enforcement of Mortgages and Security Agreements • Residential Mortgage Foreclosure • Commercial Mortgage Foreclosure • Regulatory Compliance • Defense of Alleged Violations of Consumer Protection Based Statutes • Creditors’ Rights in Bankruptcy • Documentation of Secured Loan Transactions • Management and Oversight of Outside Counsel Real Estate Practice Areas • Closing and Escrow Services • Title Insurance • Preparation of Contract for Sale Agreements • Boundary Disputes • Land Use and Zoning • Easement Rights • Commercial Landlord and Tenant • All Types of Real Estate Transactions • All Types of Real Estate Related Litigation • Construction Law and Construction Litigation Local Roots • National Reach
  2. 2. LocaL roots: I am fortunate to have been born in Jacksonville, to be raising my family here, and to be a part of the thriving and diverse business community of Florida’s First Coast. I am also extremely fortunate to have been exposed to the real estate industry at a young age through my family’s busi- ness. Such exposure led me to become a real estate lawyer and allowed me to start a boutique law firm and title insurance agency and limit the practice to the areas in which I both knew and was interested. Providing services from a small platform with geographic constraints requires the abilities to build strong relationships and to truly understand the clients’ business and needs. After all, when you live and work in the same community as your clients, you should truly know them. As my practice began to grow, I saw the need to bring a small, client-fo- cused model to larger regional and national clients. rough a partnership with Quintairos, Prieto, Wood & Boyer, P.A. (QPWB), its Business, Financial Services & Real Estate Division was born. nationaL reach: Not surprisingly, what we found was that regardless of the client’s location, whether locally in Jacksonville or across the country, all clients responded to and appreciated being treated like the top priority that they are. Relationships are relationships, regardless of how many offices, attorneys or staff members that a law firm has. It should never be lost that the client comes first. e Business, Financial Services & Real Estate Division of QPWB was founded on the principle that the size of the client should not dictate the in- teraction the client receives from the law firm. Our goal is to provide each and every client, regardless of location or size, the confidence that comes with being aligned with a strategic partner and friend. With more than 290 attor- neys and seventeen offices (ten in Florida, two in Kentucky, one in Chicago, one in Los Angeles, one in Phoenix, one in Puerto Rico and one in the U.S. Virgin Islands) we are poised and ready to provide services on any number of diverse legal matters whether it be on the First Coast or beyond. I hope that in the following pages you will learn more about our Division and invite you to call me on my mobile phone listed here or email me anytime to discuss how we may be able to help your organization. Yours Truly, 34 : : February 2015 QUINTAIROS, PRIETO, WOOD & BOYER, P.A. Attorneys at Law QPWB BUSINESS, FINANCIAL SERVICES & REAL ESTATE DIVISION Michael J. Barker Managing Partner Business, Financial Services & Real Estate Division Quintairos, Prieto, Wood & Boyer, P.A. 1 Independent Dr., Suite 2902 Jacksonville, Florida 32202 (904) 226-3660 (mobile) B.A. University of Florida J.D. Loyola University New Orleans College of Law Welcome e hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. e information in this section is for general information purposes only. Nothing in it should be taken as legal advice for any individual case or situation. e information provided does not constitute an attorney-client relationship.
  3. 3. February 2015 : : 35 charles Wood attorney/oPerations Manager ATToRnEyS’ TiTLE SERviCES Attorneys’ Title Services, LLC (ATS) is owned by two partners of Quintairos, Prieto, Wood & Boyer, P.A., and the entity through which all title, escrow and closing serv- ices are provided. ATS is not only attorney-owned but also attorney managed and is staffed by in-house title examiners with years of experience with national title in- surance companies. ATS proudly offers Title Insurance, Escrow and Closing Services to Realtors, Builders, Lenders and Homeowners throughout the United States and the U.S. Virgin Islands. From the simplest residential closing to the most complex commer- cial real estate transactions, our real estate attorneys and staff are dedicated to de- livering high quality, personalized service with professionalism and integrity. We are an agent for some of the largest and most financially sound title insurance underwriters including Old Republic National Title Insurance Company, Westcor Land Title Insurance Company and Stewart Title Guaranty Company. With multiple offices conveniently located throughout the country and the Caribbean we are ready to handle all of your real estate needs. cLosing services ATS can provide closing services at all of our convenient locations or at a location mutually agreed upon by the Client and our team. Our processing of your transactions includes, but is not limited to: • Title search, examination and issuing of title commitment(s) • Clearing of title, including ordering of payoffs and any and all liens • Contacting all parties to ensure that the lines of communications are established and free flowing • Working with the buyer's mortgage company to ensure a timely and stress free path to the closing table • Maintaining contact and keeping all parties informed throughout the transaction
  4. 4. 36 : : February 2015 e Business, Financial Services & Real Estate Division of QuinTAiRoS, PRiETo, WooD & BoyER, P.A. QUINTAIROS, PRIETO, WOOD & BOYER, P.A. Attorneys at Law QPWB BUSINESS, FINANCIAL SERVICES & REAL ESTATE DIVISION charles Wood Michelle DeLeon Kelley church venkata Paturi Mike Barker
  5. 5. February 2015 : : 37 a WorD aBout LegaL fees anD LegaL exPerience: It is not lost on corporations that legal costs have sky rocketed in the last decade with no end in sight. It is not uncommon, even in smaller markets for highly skilled business transactional and litigation lawyers to bill north of $350 per hour. e Business, Financial Services & Real Estate Division of QPWB has a different approach. Many small boutique firms provide alternative fee structures outside of the typical hourly rate. Larger multi-jurisdic- tional firms typically shy away from alternative fee structures for a num- ber of reasons, which should not be addressed in this forum. However, with more than 290 lawyers, 17 of- fices nationwide, as well as a corpo- rate title agency, QPWB regularly engages in alternative fee struc- tures. At the end of the day, just because a firm is large, does not mean that it cannot work with and provide fee structures that work for its diverse client base. Examples of some of our alternative fee structures include but are not limited to: reduced hourly rates, hybrid rates, monthly flat fees, capped fees or flat fees. Additionally, a client should not have to sacrifice legal expertise and quality of legal services in exchange for more finan- cially viable fee structures. Our lawyers include board certified at- torneys and many AV Rated attor- neys who are more than capable of delivering the legal services that executives and in house counsel expect and deserve. ˾ erin Prete Mikael hirsch nicole rothstein Brian Bellavia Lisa Disalle
  6. 6. Focused On Business 38 : : February 2015 BuSinESS TRAnSACTionAL LAW e lawyers providing services in this area typically are en- gaged in matters such as general corporate representation, shareholder, member or partner representation, officer and director representation, and mergers and acquisitions. In providing such representation our attorneys assist in the for- mation of business entities, and can be involved from the early discussion that determine what entity is appropriate for a particular business venture, to preparing the documents necessary to create that legal structure. We also counsel clients and prepare agreements relating to shareholder, member and partner relationships. e services provided in- clude advising on all aspects of business operations such as issues relating to officer and director liability; observance of corporate formalities to maintain shareholder protection from liability; compliance with regulatory and other govern- mental authorities; product liability; and warranty matters. Additionally, our attorneys counsel clients in structuring and negotiating their business relationships and drafting written contracts. We routinely prepare agreements for sup- ply and distributorships; independent contracting and em- ployment; and noncompetition and confidentiality. ˾ ConSTRuCTion LAW e construction and development industry is booming once again. Of course with all of this activity, projects must be doc- umented and disputes over performance and/or payment will ultimately arise and must be resolved. Although a subset of business and commercial litigation, construction disputes require attorneys who understand the construction process from contract, commencement, and through occupancy. Our experienced attorneys in this area allow us to provide repre- sentation in the following areas: • Contract negotiation, review and counseling • Claims and dispute resolution (including defect and schedule impact claims) • Bid disputes • Construction liens, bonds, and payments disputes • Mediation and arbitration • Litigation • Insurance counseling and claims • Surety bond counseling and claims ˾ At QPWB, we understand the practical reality of dealing with outside counsel and, lets face it, many times doing so can be a nuisance—or at least the underlying reason for calling in outside counsel can be a nuisance. Our goal, whether it be transactional, litigation, or counseling, is to complete the assignment as quickly as possible and to do so with a favorable outcome. examples of a few areas in which we can help include, but are not limited to, the following: MiKe BarKer Mike is a Jacksonville native and is the Managing Partner of the Business, Financial Services and Real Estate Divi- sion of the firm. Mike is Board Certified in Construction Law as recognized by the Florida Bar Board of Legal Spe- cialization and Education and holds an AV Preeminent® rating from Martindale-Hubbell. Mike is well versed in both transactional and litigation aspects of the area of construction law and has a diverse practice in the area and in general real estate. Mike graduated from the University of Florida in 1996 and in 1999 with his Juris Doctor from Loyola University College of Law. franK cosMen Frank’s practice involves a diverse mix of business trans- actional matters such as contract and commercial law, business formation, commercial real estate, merger and acquisition, licensing, and other areas of corporate legal interest. He is a partner in the firm’s Business, Financial Services & Real Estate Division. Frank received his Juris Doctor, with honors, from St.Thomas University School of Law, Miami, Florida in 1996, and a Bachelor of Arts cum laude from St. Leo College, Florida in 1986.Additionally, Frank served in the United States Air Force for 11 years. EMBRACING DIVERSITY Quintairos, Prieto, Wood & Boyer, P.A., is a Minority Business Enterprise (MBE) as established by the National Minority Supplier Development Council (NMSDC). QPWB actively recruits qualified minority and women candidates through the firm’s general recruiting and interview process. e firm regularly participates in programs and activities specifically geared to the recruitment, hiring and retention of qualified minority attorneys. reach frank at reach Mike at
  7. 7. Selected Areas of Practice February 2015 : : 39 CREDiToRS’ RighTS & BAnkRuPTCy Our bankruptcy and creditors’ rights attorneys provide repre- sentation for a wide range of national and institutional clients. Our lawyers represent both institutional debtors and creditors in bankruptcy proceedings, workouts, and debt restructuring in federal and state courts across the United States and in for- eign jurisdictions. e firm represents Fortune 500 corpora- tions, public and closely held companies, partnerships, bankruptcy trustees, creditors’ committees, equity committees, indenture trustees, as well as secured and unsecured creditors in complex Chapter 11 reorganization cases, and Chapter 7 liq- uidations and consumer bankruptcy proceedings. QPWB lawyers are experienced in all aspects of bankruptcy, restructuring and related business litigation, including: • Formulation and confirmation of plans of reorganization and liquidation • Prepackaged plans • Cram-down disputes • Litigation involving unexpired leases and executor contracts • Debtor-in-possession financing • Cash collateral stipulations • Valuation proceedings • Post-petition financing • Asset sales and acquisition – Section 363 Sales • Going out-of-business sales • Automatic stay litigation • Adversary proceedings • Bankruptcy appeals e experience of the lawyers in this practice area also extends to non-bankruptcy creditors’ rights litigation, problem loan workouts as well as restructuring. In the litigation area, lawyers regularly handle residential and commercial mortgage fore- closures, receiverships, personal property replevin actions, gar- nishment and attachment proceedings, and execution of judgments. e group also handles lender liability litigation. ˾ REAL ESTATE LAW QPWB attorneys are well versed in representing individuals, local governments and business entities in the purchase, sale, and development of real property. We efficiently and effec- tively handle small and large land transactions from the ne- gotiation of contract terms and conditions, drafting of the contract documents, coordinatin of due diligence efforts, and close transactions to the satisfaction of all participants. We have represented financiers and can assist with the fi- nancing arm of the transaction, including complex alterna- tive financing agreements, such as off-balance sheet purchases and land banking arrangements. rough our cor- porate title agency, Attorneys’ Title Services, LLC, we are ap- proved title agents for the largest title underwriting companies in the United States and can provide guidance and counsel relating to title of real property and provide both buy- ers and lenders title insurance upon closing. In projects ranging from single-use commercial buildings to residential/commercial developments of regional impact, we assist developers, property owners and investors with de- veloping and entitling residential and commercial projects. We help developers, home builders and contractors negoti- ate design-build contracts, equipment leases, and sub-con- tractor agreements. Our lawyers assist with the application and processing permits for approvals relating to on-site stormwater, endangered species, and archeological deposits. Our lawyers have also represented local governments, as well as property owners, business owners, lessees and mort- gagees in eminent domain and condemnation proceedings. We can help evaluate and value pre-suit intentions and help navigate through the process so that our client’s rights are pre- served and a fair award is made. It takes a strong combination of skills to compete in today’s real estate market. e QPWB team can help from the first as- sessment to final sale. Our practice group has the experience to know what works, the knowledge to solve tough problems, and the sophistication to use the latest strategies. ˾ Jeff BuaK Jeff has over 15 years of experience serving clients in the real estate industry and is Board Certified in Real Estate Law as recognized by The Florida Bar Board of Legal Specialization and Education.His real estate prac- tice focuses on real property transactions, property rights,land use and zoning,real estate development and financing,workouts and bankruptcies,construction,em- inent domain and condemnation, and real estate title insurance. Jeff has also represented local governments for over five years and he represents private sector companies interacting with governmental entities. Lisa DisaLLe Lisa practices in the areas of creditors’ rights and com- mercial bankruptcy. For over 14 years, she represented Fortune 500 companies, small-sized corporations and financial institutions in numerous matters including complex commercial transactions, contract and lease enforcement, foreclosures, collections, and bankruptcy. Lisa received her Juris Doctor from Loyola University New Orleans College of Law in 1999 and Bachelor of Arts from the University of Florida in 1995 and is li- censed to practice law in Florida and Georgia. reach Lisa at reach Jeff at
  8. 8. QUINTAIROS, PRIETO, WOOD & BOYER, P.A. A QUINTAIROS, PRIETO, WOOD & BOYER, P.A. Attorneys at Law QPWB BUSINESS, FINANCIAL SERVICES & REAL ESTATE DIVISION QUINTAIROS, PRIETO, WOOD & BOYER, P.A. 1 Independent Drive, Suite 2902 Jacksonville, Florida 32202 (904) 271-4030 Downtown Office Attorneys’ Title Services, LLC 12428 San Jose Blvd., #1 Jacksonville, Florida 32223 (904) 260-0105 OFFICES: Jacksonville Miami Tampa Orlando Fort Lauderdale Tallahassee Fort Myers Louisville Lexington West Palm Beach Chicago Pensacola Phoenix Panama City U.S. Virgin Islands Orange County, CA San Juan Los Angeles Local Roots • National Reach Business, Financial Services & Real Estate Division