Clients value Patrick's dedication to offering practical solutions that align with their goals. Leveraging his extensive legal and entrepreneurial background, Patrick delivers comprehensive legal advice tailored to each client's unique needs. His business-minded approach, responsiveness, and clarity in providing concise legal guidance have earned him a reputation as a trusted advisor.

With decades of experience in the real estate industry, Patrick provides legal advice to investment funds, general partners, limited partners, real estate developers, and other clients in real estate investment matters and complex transactions. He guides clients through the formation, structuring, and operation of investment funds, with deep expertise in partnership, operating, and subscription agreements. He is well-versed in regulatory compliance affecting real estate investment funds and routinely offers guidance on ongoing operational matters like investor communications and fund governance. Patrick has comprehensive experience handling all aspects of commercial real estate transactions, including sales and acquisitions, financing, leasing, land use and zoning, easements, and CC&Rs (covenants, conditions, and restrictions). He supports his clients through every phase of their matters.

Patrick regularly speaks and publishes works on a broad range of real estate issues relating to his practice.

Publications

  • Co-Author, “USA Regional Real Estate - New York,” Chambers Global Practice Guide, May 2020
  • Co-Author, “USA Regional Real Estate - New York,” Chambers Global Practice Guide, June 2019
  • Co-Author, “Regional Real Estate, New York – Law and Practice,” Chambers Global Practice Guides, June 2018
  • Co-Author, “COVID-19 Impacts on the Real Estate Industry: New York State Executive Orders and the CARES

Presentations & Events

  • Moderator, "Picking the Best Investment Strategies & Assets in Today's Market," iGlobal Forum 25th Real Estate Private Equity Summit, March 2023
  • Moderator, "Joint Venture Opportunities Outside of Multifamily," iGlobal Forum, Global Leaders in Real Estate Summit, October 2023
  • Presenter, "Challenges Faced When Transitioning from Independent Sponsor Deals to Managing a Private Equity Fund," iGlobal Forum, 13th Independent Sponsors Summit, September 2022
  • Moderator, "Opportunity Zones: What is the Impact on Investment and Economic Development in Western New York," Panel Program, May 2019
  • Presenter, "Legal and Compliance Issues Related to MS4 Permits (Phase II) and Stormwater Permits for Construction Activity," Western New York Stormwater Conference & Tradeshow, April 2018
  • Presenter, "Clean Water Act Citizen Suits," Environmental Law: Preserving Our Rights to the Water, Bar Association of Erie County (BAEC) CLE Event, May 2017

Education

St. John Fisher College, B.A.

University at Buffalo School of Law, J.D.

Admissions

  • New York
  • U.S. District Court, Western District of New York
  • Texas

Bar Associations

  • American Bar Association
  • Bar Association of Erie County
  • New York State Bar Association

Representative Work

PRIVATE INVESTMENT FUNDS

  • Represent clients (general partners) in connection with the structuring, formation, and operation of private investment funds, including assisting with capital raising matters and the underlying portfolio company transactions.
  • Led a team of attorneys who advised a real estate investment group on the structuring and launch of a $50 million private investment fund; has since been engaged to assist on all matters related to the development projects it is expected to produce.

PORTFOLIO COMPANIES

  • Regularly engaged as corporate counsel to represent portfolio companies in connection with all legal matters, including structuring, operations, equity and debt financing, securities issues, joint venture arrangements and related matters, and assists clients in connection with disputes among members, shareholders, and partners.

PRIVATE PLACEMENTS

  • Represent numerous real estate developers in connection with the private placement of securities, including preparing all securities offering documents (e.g., private placement memorandums (PPMs), limited liability company and limited partnership agreements, investor questionnaires and subscription agreements) and the underlying real estate transactions (e.g., land use and zoning, acquisitions and due diligence matters), representing hundreds of millions of dollars in new development, value add and stabilized projects.
  • Led a team of attorneys who assisted a real estate investment group with respect to all matters related to numerous real estate syndications, including acquisition and dispositions, securities offering, and financing matters. The aggregate projects are valued at approximately $225 million.

JOINT VENTURES

  • Represent clients on all matters related to structuring and negotiating equity and contractual joint ventures, including formation, capital requirements, distribution issues, governance matters, default remedies, transfer restrictions, minority member protections, and all related matters.

INVESTOR (LP) REPRESENTATION

  • Counsel investors on all matters related to investments into private investment funds, syndicated real estate deals, independent sponsor deals, and other private equity transactions.

REAL ESTATE

  • Assisted a publicly traded self-storage company with all real estate matters, including negotiating easements, declarations, covenants, conditions, and restrictions, and the acquisition and disposition of real property, as well as participating as counsel to the company on a $1.3 billion commercial transaction to purchase a competitor and portfolio of approximately 100 properties.
  • Assisted a national trust client with land use and zoning issues, as well as the disposition of property that was allocated approximately $121 million by the federal/state government to investigate and remediate potential environmental contamination located on the property. Total purchase price was approximately $1.2 billion.
  • Assisted a New York State industrial development agency (IDA) in connection with environmental matters related to a $1 billion waterfront development project located on multiple properties that required environmental remediation activities.
  • Advised various New York State IDAs on all New York State Environmental Quality Review Act matters. Significant matters include a (a) $38 million waterfront hotel project, (b) 78MW and 100MW wind farms, and (c) a 325,000-square-foot manufacturing facility expected to produce nearly 900 new jobs.
  • Advised a real estate developer in connection with the sale of a portfolio of 57 properties and 3 corporate entities for approximately $25 million.
  • Represented client on all aspects of a complex acquisition and re-development of real estate, including (a) handling all aspects of the property acquisition from a publicly traded company, (b) successfully navigating the drafting and negotiation of a complex lease with a municipal entity, (c) handling all municipal and other approvals to complete the transaction and (d) assisting with the development, construction, and financing agreements with contractors, lenders and municipal entity.

  • Represented educational institutions in connection with all matters related to ground leasing and associated development projects, as well as general acquisitions and dispositions. Typical project values ranged from $10 – $50 million.

  • Responsible for all land use and zoning issues (e.g., site plan approval, planned residential district rezoning, and special permit) and environmental matters for the development of an approximately $12 million residential/commercial/professional space project that is in the New York State Brownfield Cleanup Program.
  • Negotiated and drafted hundreds of leases and lease amendments on behalf of the world’s largest telecommunications company for sites throughout the U.S.
  • Regularly advise and assist corporate entities, including various educational institutions and developers, in connection with all real estate matters, such as zoning and leasing (with institutional and private landlords) and development matters, and the acquisition and disposition of real property located throughout the U.S.
  • Responsible for all land use and zoning issues (e.g., site plan approval, variance, rezonings, special permits, etc.) for the development of numerous telecommunications facilities on behalf of the world’s largest telecommunications company.

ACQUISITIONS AND DISPOSITIONS/M&A

  • Counseled an insurance company on real estate and environmental matters, including negotiating relevant portions of the stock purchase agreement and addressing title issues, for its sale for $200 million to a privately held company.
  • Counseled a manufacturer on real estate and environmental matters, including negotiating relevant portions of the stock purchase agreement, for its sale for $130 million.
  • Negotiated the sale and leaseback (including a full and unconditional release and waiver) of a former industrial complex. Assisted in the subsequent sale of the entity and its related properties for approximately $60 million.
  • Counseled a manufacturer on real estate and environmental matters, including negotiating relevant portions of the stock purchase agreement, in connection with its sale to multiple private equity firms for $45 million.

Recognitions

  • Listed, Upstate New York Super Lawyers (Real Estate) 2024
  • Buffalo Business First "40 Under 40" Award, 2023
  • Listed, Best Lawyers in America (Real Estate Law) 2024 - 2025
  • Listed, Best Lawyers in America: Ones to Watch (Environmental, Real Estate) 2021-2022
  • Listed, Upstate New York Super Lawyers Rising Stars (Real Estate) 2017-2021, 2023

News & Insights

Civic

  • Board of Directors, Big Brothers Big Sisters of Erie, Niagara & The Southern Tier
  • Former Board Member, VBC Giving Foundation
  • Former Board Member, Western New York United Against Drug and Alcohol Abuse
  • Former Student Mentor, HSBC Riverside High School Mentoring Program
  • Former Volunteer Legal Adviser, Say Yes to Education Buffalo
  • Former Student Mentor, Buffalo Prep
  • Former Committee Member, Saturn Club Historic Preservation Foundation Committee
  • Former Amherst Youth Hockey Coach

Professional

  • American Bar Association, Young Lawyers Division
  • Association for Corporate Growth
  • Former Chair, Bar Association of Erie County Environmental Law Committee
  • New York State Bar Association
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Patrick T. Fitzgerald / News & Insights