Brad A. Molotsky

Partner

  • Brad A. Molotsky
  • Phone: +1 856 874 4243
    Fax: +1 856 874 4609

    Brad A. Molotsky - Twitter Import to Address Book

  • Duane Morris LLP
    1940 Route 70 East, Suite 100
    Cherry Hill, NJ 08003-2171
    USA
  • Duane Morris LLP
    30 South 17th Street
    Philadelphia, PA 19103-4196
    USA

Brad A. Molotsky practices in the area of real estate law. He serves as a team lead for the Duane Morris Project Development/P3 industry group and as co-head of the firm's Opportunity Zones practice group. Mr. Molotsky’s primary practice is focused in the areas of opportunity zone fund creation and fund deployment, financing, public private partnership (PPP or P-3), real estate joint ventures (including mixed-use and multi-family development), commercial leasing (including a focus in cannabis leasing), and acquisitions and divestitures. He also has deep experience in environmental, social, governance, public company issues such as enterprise risk, internal audit, compensation, as well as energy efficiency, sustainability and corporate social responsibility.

Prior to joining Duane Morris and for nearly 20 years, Brad served as executive vice president, general counsel and corporate secretary of Brandywine Realty Trust. At Brandywine, Mr. Molotsky was responsible for all legal operations of the company, including acquisitions and divestitures, financings, joint ventures, board matters, insurance procurement, litigation oversight, SEC filing oversight and the legal aspects of capital raising. During his tenure, the company grew from 40 buildings to approximately 300 buildings, totaling 28 million square feet.

In 2019, Mr. Molotsky won The Philadelphia Inquirer Influencers of Law Award for Real Estate. He was also named by The Philadelphia Inquirer as an Influencer of Real Estate for Real Estate Legal Excellence in 2019. Mr. Molotsky was named one of Philadelphia Business Journal's 2018 "Best of the Bar: Top Lawyers in Philadelphia.  He was also named General Counsel of the year by the Philadelphia Business Journal in 2014 and NJBIZ in 2013 and was awarded the Martin Luther King Community Service award in 2014, the Township Sustainability Leader Award in 2016 and the Roger Davis Community Service Award in 2017.

Mr. Molotsky is a 1989 cum laude graduate of Villanova University Law School, where he was Order of the Coif, and also earned an M.B.A. in Finance from Villanova University. He is a 1986 cum laude graduate of the University of Delaware. Mr. Molotsky has also earned his LEED AP O+M certification. He also has earned an AV Preeminent® peer review rating from Martindale-Hubbell®.

Areas of Practice

  • Opportunity Zone Fund Formation and Fund Deployment

  • Public Private Partnerships (P3)/Project Finance

  • Commercial Leasing (including cannabis leasing)

  • Acquisitions and Divestitures
  • Development and Incentives

  • Financing
  • Real Estate Joint Ventures
  • Energy Efficiency, Sustainability and Corporate Social Responsibility
  • Affordable Housing (including Special Needs)

Representative Matters

  • Represented ResinTech and ActionPak in a $128 million transaction centered around the adaptive reuse of 27 acres of environmentally contaminated property in Camden, New Jersey. The site is being converted into the client's new global headquarters.
  • Represented 2120 East York LLC, the borrower/developer of 54 units of market rate housing in Philadelphia, in a transactional joint venture to create three separate, qualified opportunity zone funds, which in turn invested in a Qualified Opportunity Zone Business (“QOZB”) where a lender to the transaction, PNC Bank, also invested equity in the QOZB.
  • Representing PHL Next Stage Med and Republic Family of Properties in financing and equity fund raising in connection with the ground lease of a parcel of land from SEPTA and the design and building of a 125,000 square foot office and wet lab production facility for bio-technically engineered materials located in an Opportunity Zone.
  • Assisted Public Health Management Corporation (PHMC) in leasing 100,000 square feet of space at 4601 Market Street, an historic 300,000+ square foot building, and in structuring a joint venture investment for PHMC with Iron Stone Partners in the adaptive reuse of the remainder of the property, utilizing historic and new market tax credits to create a neighborhood medical center and office complex.
  • Represented family office client in creation of an opportunity zone fund in furtherance of building a $190 million school.
  • Represented client in recapitalizing an existing joint venture investment in a shopping center, and simultaneously refinanced the purchase of the shopping center, valued at approximately $85 million, while structuring the investment to enable South American investors to enter the investment in tax efficient manner under FIRPTA.
  • Represented a Chilean multifamily family office in its $92 million acquisition and financing of a multi-level, 350,000 square foot shopping mall in Maryland; transaction included a joint venture with a commercial real estate development and net lease company in Tennessee, as well as a real estate acquisition and associated bank financing.
  • Represented the owner of a large apartment complex in its $130 million CMBS and mezzanine refinancing of an existing multifamily property in Philadelphia, Pennsylvania.
  • Representing a manufacturing client in utilizing a complex set of financing sources to design and build a state of the art 225,000 square foot manufacturing and office complex and a 125,000 square foot packaging and distribution facility in Camden, New Jersey using NJ Grow Credits, New Market Tax Credits, Construction and Mini Permanent Debt as well as Subordinated Debt which will create over 325 local and regional jobs.

Admissions

  • New Jersey
  • Pennsylvania

Education

  • Villanova University School of Law, J.D., cum laude, 1989
    - Order of the Coif
  • Villanova University, M.B.A., 1989
  • University of Delaware, B.S., cum laude, 1986

Experience

  • Duane Morris LLP
    - Partner, 2016-present
  • Brandywine Realty Trust
    - EVP, General Counsel and Corporate Secretary, 1997-2016
  • Pepper Hamilton
    - Associate, 1989-1997

Professional Activities

  • American College of Real Estate Lawyers
  • American College of Mortgage Attorneys, 2004-2014
  • National Association of Real Estate Investment Trusts (NAREIT)
    - Program Chair, Law and Accounting Conference
    - Co-Chair, Leader in Light Conference
    - Member, Insurance Committee
  • The Real Estate Roundtable
    - Vice-Chair, Sustainability Policy and Advocacy Committee, 2012-2014
  • National Association of Office and Industrial Properties
    - Co-Chair, New Jersey Chapter Energy Committee, 2013-2014
  • Urban Land Institute
    - National Forum Member, 2013
  • The Southern New Jersey Development Council
  • Delaware Valley Green Building Council
    - Board Member, 2012-2015
  • Building Owners and Managers Association (BOMA)
    - Invited to serve on BOMA National Advisory Board, 2014
  • Philadelphia Bar Association
  • Pennsylvania Bar Association
  • American Bar Association
  • Sustainability Roundtable, Inc., 2010-2014

Honors and Awards

  • Named an Influencer of Real Estate for Real Estate Legal Excellence by The Philadelphia Inquirer, 2019

  • Listed in Chambers USA: America's Leading Lawyers for Business, 2019

  • Philadelphia Inquirer Influencers of Law Award – Real Estate, 2019

  • Philadelphia Business Journal Best of the Bar: Top Lawyers in Philadelphia - Real Estate, 2018

  • Philadelphia Business Journal General Counsel of the Year, 2014

  • Martin Luther King Community Award, Camden County, 2014
  • Cherry Hill Township Community Leader, Day of Recognition, 2014
  • Philadelphia Business Journal Community Champion, 2013
  • NJ Biz General Counsel of the Year, 2013
  • Southern New Jersey Chamber of Commerce Pinnacle Award for Sustainability Efforts, 2013
  • Real Estate Council First Chair Award, 2013
  • Sustainability Roundtable, Leader of the Year - REITs, 2011
  • Pennsylvania Super Lawyers, 2004-2011
  • JCC of Southern New Jersey Young Leadership Award, 2009
  • Cherry Hill Education Foundation, Dancing with the Cherry Hill Stars Champion, 2007
  • AV Preeminent® Peer Review Rated by Martindale-Hubbell®

Board Memberships

  • Bancroft Neurohealth
  • FMC – Global Sustainability Advisory Board
  • The Committee of Seventy, 2012-2017
  • The Leukemia and Lymphoma Society, Philadelphia Chapter
    - Executive Committee
  • The Federation of Southern New Jersey
    - Executive Committee
  • Jewish Community Properties, Inc., a non-profit affiliated with The Federation of Southern New Jersey
    - President, 2013-2015
  • The C.A.R.E.S. Institute, Advisory Board
  • University of Delaware Environmental Institute, Advisory Board, 2013-2016

Selected Publications

Selected Speaking Engagements

  • Speaker, "Qualified Opportunity Zones," Baratz & Associates Seminar, November 14, 2019

  • Speaker, "Marsh 2019 Global Real Estate & Hospitality Conference," Four Seasons Hotel, Chicago, October 2, 2019

  • Speaker, "The Impact of Opportunity Zones: Changing Communities," Impact Investing Forum, New York City, September 23, 2019

  • Speaker, "Education Session: Opportunity Zones — What You Need to Know," CORFAC International Fall Summit, Philadelphia, September 20, 2019

  • Speaker, "Investing in Operating Businesses," IMN Opportunity Zones Forum, Chicago, September 19, 2019

  • Presenter, "Opportunity Zones," Guidepoint Global Advisors, September 12, 2019

  • Speaker, "The Emerald City & The Road to OZ," PA/NJ/DE Conference & Deal Making, Pennsylvania Convention Center, September 11, 2019  

  • Interviewed, "The CRE News Hour," State Broadcast News, August 16, 2019

  • Speaker, "Opportunity Zones: All There Is To Know and More," BCSJ Luncheon, Pennsauken Country Club, Pennsauken, New Jersey, June 21, 2019

  • Speaker, "Cleaner and Greener – Responsible Procurement," Green Sports Alliance Event, Philadelphia, June 18-20

  • Speaker, "New and Growing Topics: Opportunity Zones and Cannabis Facilities" and "Ethics Potpourri: Conflicts, Waivers, In-House Counsel Conundrums, and More," Commercial Real Estate Leases 2019, Boston and Webinar, June 14, 2019

  • Speaker, "Opportunity Zones: Limited Access to Unlimited Investing Potential," Philly Real Estate Week, June 6, 2019

  • Speaker, "Opportunity Zones - a Market Update,"  Counselors of Real Estate Spring Meeting, Villanova, Pennsylvania, May 22, 2019

  • Panelist, Green Building United Sustainability Symposium, Philadelphia, May 3, 2019

  • Speaker, "Opportunity Zones and Real Estate," Counselor of Real Estate Conference, Chicago, April 29, 2019

  • Speaker, "Opportunity Zones in Delaware," City of Milford, Delaware, April 8, 2019

  • Keynote Speaker, "New Jersey Opportunity Zones and Impacting on Wildwood Businesses and the Shore," Wildwood Chamber of Commerce, Wildwood, New Jersey, March 26, 2019

  • Moderator, "Opportunities of Opportunity Zones with Dean Adler", Bisnow — Philadelphia Opportunity Zones and Capital Markets Event, March 27, 2019

  • Panelist, "The Federal Opportunity Zone Program in Real Time: Leveraging This Tax Incentive Now," Baltimore, March 25, 2019

  • Panelist, "New Jersey's Future Tax Incentives," Sound Off for South Jersey Policy Conference, Atlantic City, New Jersey, March 21-22, 2019

  • Speaker, "Opportunity Zones and Your Clients Personal High Net Worth Strategies," BNY Mellon Senior Management Meeting, March 21, 2019

  • Panelist, Greater Philadelphia Real Estate Summit, Philadelphia, March 5, 2019

  • Speaker, "Real Estate: A Year in Review," Duane Morris, Philadelphia, February 26, 2019

  • Speaker, "Opportunity Zones: The Who, What, Where, When and Why," Alloy Silverstein, Mt. Laurel, NJ, February 26, 2019

  • Speaker, "Acrelive! Qualified Opportunity Zones: The Latest Ins, Outs and Updates," American College of Real Estate Lawyers Live Event, January 24, 2019

  • Speaker, "Investing in Opportunity Zones: What Do I Need to Know?" Philadelphia Business Journal event: What the Opportunity Zones Mean for Philadelphia: A Conversation with the IRS, December 4, 2018

  • Speaker, "21st Century New Deal? A Discussion of Qualified Opportunity Zones," KPMG's Investment Management and Funds Symposium, King of Prussia, Pennsylvania November 29, 2018

  • Speaker, "The Federal Opportunity Zone Program in Real Time: Leveraging This Tax Incentive Now," Duane Morris Roundtable Breakfast, Washington, D.C., November 28, 2018

  • Speaker, "Fireside Chat: Introducing Opportunity Zones," 8th Annual Philadelphia Industrial & Logistics, Philadelphia, October 30, 2018

  • Panelist, "Turning Toxic Liabilities into Community Assets," FWi, Land Dimensions, Rutgers University, Deptford, New Jersey, October 22, 2018

  • Speaker, "The Federal Opportunity Zone Program in Real Time: Leveraging This Tax Incentive Now," Duane Morris Miami Roundtable Luncheon, Miami, October 10, 2018

  • Speaker, "Opportunity Knocks: Benefits of Federal Opportunity Zones for Real Estate Transactions and Investments," ALI CLE Course, Webcast | Telephone Seminar, September 21, 2018

  • Speaker, "The Federal Opportunity Zone Program in Real Time: Doing Opportunity Fund Deals Now," Duane Morris LLP, Philadelphia, September 20, 2018

  • Moderator, "Update on the Regional Economy and Hot Topics Impacting Your Real Estate," Duane Morris Real Estate Roundtable, Philadelphia, September 13, 2018

  • Interviewed, "Nasdaq Spotlight: Duane Morris w/Global REITs Summit," September 4, 2018

  • Panelist, "The New WELL Building Standards: Is This the New Requirement or Just a Fad?" American College of Real Estate Lawyers,  ACRELive Telephone Conference, August 21, 2018

  • Moderator, “Federal Opportunity Zones and the Potential for Affordable Housing,” New Gravity Housing Conference, Philadelphia, August 2018

  • Moderator, “Energy Efficiency and Qualified Application Plan Scoring Systems for Affordable Housing,” New Gravity Housing Conference, Philadelphia, August 2018

  • Speaker, "Emerging Issues in Cannabis, Medical Office and Green Office Building Leasing," ALI/ABA, Webinar, May 31, 2018

  • Presenter, "Emerging Issues in Commercial Leasing: Cannabis Facilities, Medical Office, and High Performance Buildings," ALI/ABA, Webinar, May 23, 2018

  • Panelist, "Investor Interest in Key Issues in Sustainability and SDG (The World Sustainability Development Goals) and GRESB," Global Real Estate Sustainability Benchmark Conference, Washington, D.C., May 14-15, 2018

  • Presenter, "The Impact of Energy Disclosure Mandates on Commercial Real Estate," Stafford Webinar, May 10, 2018

  • Panelist, "Tenant Engagement and Energy Disclosure Mandates in the Sustainability Space," Green Building United 8th Annual Sustainability Symposium, May 3, 2018

  • Speaker, "Don't Let Smoke Get in Your Eyes! Issues and Risks in the Cannabis Space," Advanced Commercial Leasing Institute, April 12, 2018

  • Speaker, "'WELL' Development: The New LEED," Orlando ACREL 2018 Spring Meeting, Orlando, March 23, 2018
  • Presenter, "Cannabis 103: Real Estate-Practical Considerations for Owners, Operators and Investors in Cannabis Real Property," The Duane Morris Cannabis Webinar Series, March 20, 2018 (video playback)

  • Facilitator, "Transport & Communications," Rebuild, Rethink, Resilience: Lessons for Economic and Security Partnerships after the 2017 Hurricane Season, Washington, D.C., March 5, 2018

  • Speaker, "Commercial Real Estate Leases 2018," ALI/ABA, Austin, Texas, February 8-9, 2018

  • Panelist, "Pot, Politics, and Planning," 2018 Annual American Planning Association Conference, New Brunswick, NJ, January 26, 2018

  • Speaker, "Property and Liability Insurance in Commercial Leases: Key Provisions and Coverage Issues," Strafford, December 6, 2017

  • Panelist, "Building Energy Disclosure: Policy Trends and Market Impacts," NYU School of Law, New York, November 13, 2017
  • Guest on Wharton Radio's "Knowledge @Wharton," September 28, 2017
  • Speaker,"Using Real-time Digitized Information to Manage the Future of Infrastructures and City Services - How Using Big Data About Sustainable Best Practice Can Lead to Better City Planning and Use of Resources," Wharton IGEL & SUEZ Conference, Philadelphia, September 27, 2017
  • Speaker, "Affordable Housing: An Oxymoron or Realistic Expectation," New Gravity Housing Conference, Philadelphia, August 3, 2017
  • Speaker, "Commercial Real Estate Leases 2017," ALI CLE, Chicago IL, May 15-16, 2017
  • Speaker, "Trump L'oeil, a Verdict on the Administration's Climate Stance," DVGBC 7th Annual Sustainability Symposium, Philadelphia PA, May 5, 2017
  • Speaker, "High Performing Buildings and Sustainability within the Built Environment," Wharton 5 Day Executive MBA, April 14, 2017
  • Panelist, "Navigating The Industry's Programs," NYU 6th Annual Conference on Sustainable Real Estate, New York, February 23, 2017
  • Speaker, "Return of the REITs: A Roadmap to Identifying and Managing Highly Effective REITs in Today's Market," iGlobal REIT Summit, New York, February 8, 2017