David R. Augustin
Partner

Duane Morris LLP
30 South 17th Street
Philadelphia, PA 19103-4196
USA

Phone: +1 215 979 1313
Fax: +1 215 689 0861
Email: DRAugustin@duanemorris.com

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David R. Augustin

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David R. Augustin concentrates his practice in the area of real estate law, with particular emphasis on financings and workouts, commercial acquisitions, sales and leasing, retail projects, hotels, including management and franchise agreements, tax-deferred exchanges, and real estate development.

Mr. Augustin has represented buyers and sellers of complex commercial projects, including acquisitions and dispositions of portfolios of properties and of equity interest in the owners of projects. Additionally, he works with lenders in documenting real estate loans and has closed numerous multistate transactions. He has also assisted lenders in restructuring troubled real estate loans. Mr. Augustin has worked on purchases and sales of hotels and resorts, loans involving hotels (both as lender's and borrower's counsel), and hotel management and franchise agreements on behalf of owners. He has represented landlords and tenants in office, retail and other commercial leases.

Admitted to practice in Pennsylvania and New Jersey, he is a member of the Real Property, Probate and Trust Law Section of the American Bar Association and the Real Property Section of the Philadelphia Bar Association. He is a former member of the Legislative Action Committee of the Delaware Valley Chapter of the Community Associations Institute.

Mr. Augustin is a frequent speaker at seminars on a variety of topics and has also written a number of articles. He is a 1988 graduate of Villanova University School of Law and a graduate of Princeton University.

Representative Matters

  • Represented Sancoa International Company and TubeDec, LLC, family owned affiliated companies that manufacture and supply products to Home & Personal Care customers in North America, in their $71 million sale to CCL Industries, a Canadian public company.
  • Represented the developer in a complex recapitalization involving a discounted purchase of a mortgage loan, a new equity investor and new financings from private and public lenders.
  • Represented the agent in a syndicated loan for the development of a casino in Pennsylvania.
  • Represented the borrower in a refinancing of a portfolio of warehouse and flex buildings involving both a mortgage loan and a mezzanine loan.
  • Represented the owners of two "trophy" office towers in center city Philadelphia in leasing matters.
  • Represented the lender in a consensual foreclosure of a mixed-use condominium project that included a hotel, requiring the negotiation of a new franchise agreement with an international hotel franchisor for the flag under which the hotel will be operated.
  • Represented one of the secured lenders in the General Growth Properties bankruptcy in the modification of loans totaling in excess of $365 million secured by six shopping centers.
  • Represented the borrower in a syndicated loan facility secured by 187 service stations in 4 states.
  • Represented a national bank in the financing to a suburban New Jersey hospital for the hospital's acquisition and construction of a new hospital campus. The project financing involved two lenders which required an intercreditor agreement to address disbursements, payments and lien priority issues between the lenders.
  • Represented the purchaser in the acquisition and financing of an $80 million, 18-story office building.
  • Represents a private real estate company in the acquisition, disposition and leasing of regional shopping centers in several states.
  • Represented the seller in a $300 million portfolio sale of its properties, consisting of 23 properties and the ownership interests in 2 other entities.
  • Represents a private real estate company in office and warehouse leasing in projects throughout the eastern United States.
  • Represented the lender in restructuring a $167 million loan involving mortgages on 43 nursing homes in 12 states.
  • Represented the lender in the foreclosure of a resort hotel and time-share development in St. John, U.S. Virgin Islands and in the lender's subsequent disposition of the properties to a world-wide hotel operator.
  • Represented the purchaser of equity interests in an $82 million project in Alexandria, Virginia.
  • Represented the owner of commercial shopping centers in northern New Jersey in leasing matters.
  • Represented developer of a wind farm in western Pennsylvania that, when constructed, was the largest wind project east of the Mississippi River.
  • As firm real estate counsel, negotiates all of the offices leases for Duane Morris nationally and internationally.

Admissions

  • New Jersey
  • Pennsylvania
  • Supreme Court of Pennsylvania
  • Supreme Court of New Jersey
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the District of New Jersey

Education

  • Villanova University School of Law, J.D., 1988
  • Princeton University, A.B., 1985

Experience

  • Duane Morris LLP
    - Partner, 1998-present
    - Associate, 1990-1997

Professional Activities

  • Philadelphia Bar Association
    - Real Property Section
  • American Bar Association
    - Real Property, Probate and Trust Law Section

Honors and Awards

  • Pennsylvania Super Lawyers, 2006, 2007, 2008, 2012, 2013 and 2014
  • Listed in Chambers USA: America's Leading Lawyers for Business, 2010, 2011, 2012, 2013 and 2014
  • Listed in Philadelphia SmartCEO Legal Elite, 2012
  • Listed in Super Lawyers Corporate Counsel Edition, May 2009
  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell

Selected Publications

Selected Speaking Engagements

  • Roundtable Leader, "Strategies for Buying and Selling Distressed Real Estate and Other Assets," Duane Morris Event, Philadelphia, April 22, 2009
  • "The Fundamentals of Real Estate Law in Pennsylvania," seminar presented by Lorman Education Services, Philadelphia, Pennsylvania, January 21, 2004
  • "Title Insurance: The Basics and Beyond," Commercial Lending Requirements and Loan Documentation in Pennsylvania, seminar presented by Lorman Education Services, Philadelphia, Pennsylvania, October 23, 2003
  • "Lender Issues in Office and Retail Leasing" and "Tenant Defaults and Landlord Remedies," National Business Institute seminar titled The Essentials of Office and Retail Leases in Pennsylvania, Philadelphia, Pennsylvania, April 4, 2001, King of Prussia, Pennsylvania, April 5, 2000, Philadelphia, Pennsylvania, April 6, 1999
  • "Perfection of Security Interests in Non-Real Property Collateral in a Real Estate Loan Transaction," CLE International's Advanced Real Estate Finance Conference, Philadelphia, Pennsylvania, June 20-21, 1996, June 12-13, 1997, June 11-12, 1998 and October 12-13, 2000