Practice Areas

Real Estate

From acquisition, sales, leasing and tax free exchanges to wetlands mitigation, development and project leadership, we keep our client’s goals in clear focus. And our practical understanding of real estate ownership, development and operation provides key value-added experience and expertise to your professional team.

Attorneys at Rathbone Barton Olsen have served as lead advisors in the development and construction high-tech facilities, commercial, industrial, mixed-use, special use and residential subdivision projects in Oregon. Incorporating experience as seasoned real estate professionals, with legal skills developed over decades, the team is ready to look at your project and help you bring together the group of professionals needed to take your project successfully over the goal line.

Development

We represent owners and developers in large and small development projects from feasibility to completion.

We provide project legal oversight and coordination, integrating green building technology and sustainable practices in the operation of real estate assets.

 

Workouts

We represent lenders, owners, investors, tenants, loan servicers and receivers in transactions related to bank owned properties and distressed real property secured loans. We also provide services relating to judicial foreclosure proceedings on behalf of institutional and private lenders.

Attorneys at Rathbone Barton Olsen successfully intervened as proactive legal counsels to recover assets from a defaulting borrower, unwind the contractual relationship and settle all debts pre-bankruptcy saving our client over $10.0 million in potential losses from this highly probable REO asset.

Land Use

As one of the leading advocates protecting the interests of landowners and operators, we routinely appear before planning commissions, city councils, county board of commissioners, LUBA, circuit courts and appellant courts on matters involving land use policy and implementation.

Attorneys at Rathbone Barton Olsen have successfully navigated through the sometimes-uncertain world of land use regulations on behalf of many clients including those asserting rights under Measure 37, Measure 49 and the plethora of other land use statutes. This representation has taken us to the Oregon Supreme Court where we argued for the vested rights of landowners. We have competently aided many clients in obtaining entitlements necessary to develop their projects on time and on budget.

Eminent Domain

We vigorously represent land owners in condemnation and inverse condemnation proceedings resulting from governmental takings. We negotiate settlements and when necessary provide vigilant advocacy in court to obtain “just compensation” for property taken by the government.

Attorneys at Rathbone Barton Olsen obtained a jury verdict of $6.7 million, plus $161,000 in prejudgment interest and recovered attorneys’ fees and costs in excess of $750,000 on behalf of the oldest nonprofit cemetery association in Oregon. This total judgment of more than $7.6 million represented almost five times the amount originally offered to them. This case was one of the most significant recent cases in Oregon upholding the landowner constitutional right to receive just compensation.

In another case, Attorneys at Rathbone Barton Olsen obtained a jury verdict for just compensation in an amount six times the original offer by the region’s largest transit agency. After a week-long trial, the jury return the verdict after 1.5 hours of deliberation and exactly on the amount to which the landowner’s appraiser testified.

Our firm has successfully defended numerous cases before Oregon and Washington trial courts, including against major local and state agencies, yielding clients as much as six times the amount offered by the agencies pre-trial.

Construction

We provide seasoned counsel concerning the siting and construction of new and remodeled facilities, negotiating contracts with general contractors, architects, engineers and other members of the construction team. In addition, the firm handles construction defect claims on behalf of business and residential clients.

Attorneys at Rathbone Barton Olsen successfully guided a major international manufacturer through the multifaceted realm of constructing a new 60,000 sq. ft. facility. The same client re-engaged the firm to help expand the facility to nearly double the size. Faced with a construction defect claim, the same client turned to us to negotiate a settlement with the general contractor based on solid contractual agreements saving the client over $1.0 million in additional costs.

Real Estate Finance and Securities

We provide counsel to real estate owners, developers and investment advisors concerning acquisition of capital and compliance with state and federal regulatory law. We regularly complete private placements of securities for real estate acquisitions and developments. We have extensive experience representing borrowers in secured loan transactions obtained through commercial mortgage back securities (CMBS) and Housing and Urban Development (HUD) programs.

Attorneys at Rathbone Barton Olsen represented a large senior living company in the HUD refinancing of six skilled nursing facilities over the course of two years for total loan amounts of approximately $40 million. The firm handled all aspects of transactions including negotiating loan and intercreditor agreements, title work and government relations.

Our attorneys also represented a medical group in a Regulation D offering to physicians to fund the acquisition of a practice building complex. The firm’s work included forming a new limited liability company, creating a securities offering to sell membership units to physicians and administrators, property due diligence, negotiating a purchase and sale agreement and negotiating and documenting seller financing.

Our firm represented the owner of a retail center in the refinance of a $10 million CMBS Loan. Work included negotiating loan documents, due diligence, legal opinion and coordination of extensive CMBS requirements.

TIC Workouts and Litigation

Since 2007 our lawyers have represented over 125 tenant-in-common owner groups to restructure and refinance, obtain loan modifications, change managers, negotiate sales of their property, defend foreclosures, and litigate issues relating to personal liability, property management and other issues. We are adept at all issues faced by TIC Owners, including defending against predators in the industry. The lawyers understand that our primary goal in these representations is to save people’s retirements. It is exceptionally rewarding to save a property from foreclosure, and thus save the retirements of 35 owners.

Attorneys at Rathbone Barton Olsen represented the owner group of an Oregon property to change asset managers.  Our attorneys solicited the sale to a major multinational public company without a broker. The negotiated sale and closing was for $9,000,000 over appraised value, with no real estate commission.

The firm represented tenant in common owners in arbitration against their property manager. Our claims involved negligent mismanagement that led to the foreclosure of an $11.0 million dollar 300-unit apartment complex in Georgia. After obtaining a preliminary favorable ruling on liability from the arbitrator, attorneys at Rathbone Barton Olsen attorneys negotiated a settlement on damages in excess of $1 million that returned a majority of the owners’ investment back to the owners.

Attorneys at Rathbone Barton Olsen also represented  a TIC Owner group to terminate management, sue the manager in process and negotiate a  sale and closing to create an overall settlement.

We represented a group to identify a $2.5million private loan for TIs and LC. We accomplished closing on the loan without rolling up the TIC group into an LLC, and without needing consent of the CMBS lender.

Public-Private Partnerships

We coordinate and facilitate relationships between private land owners and public entities to create win-win strategies relating to real estate development. We serve as legal architects to design creative strategies incorporating public and private financing alternatives to establish development infrastructure and common improvements.

Attorneys at Rathbone Barton Olsen successfully negotiated economic development participations with state and local governments to help create one of the most successful industrial parks in Oregon. The pacts between various agencies and governmental agencies proved to create hundreds of jobs for Oregonians in one of the fastest growing sectors in the economy.

Business Formations and General Counsel

We provide strategic counsel to new and reorganizing entities including formation, structuring, compliance and annual maintenance services. We consistently seek ways to proactively position our client to protect key assets, improve profit margins and increase market share resulting in a substantially increased net profit for our client.

Attorneys at Rathbone Barton Olsen served as outside general counsel to a national food manufacturing company. Our attorneys represented the company and its principals for over 15 years in all aspects of manufacturing, IP, distribution, facility acquisition and the ultimate sale of company. We continue to represent the principals in the development of a new manufacturing company including negotiating and advising the building of a facility in Tennessee, handling major incentives, addressing cross border Canadian/U.S. tax and structuring issues.

Mergers and Acquisitions

We represent buyers and sellers in the acquisition or disposition of assets or entire business entities. We provide strategic counsel concerning recommended structure of acquisitions and dispositions. We design, negotiate and document the transaction with clarity and a focus on effective communication.

Attorneys at Rathbone Barton Olsen served as outside general counsel to a well known national food manufacturing company. Our attorneys represented the company and its principals for over 15 years in all aspects of manufacturing, IP, distribution, facility acquisition and the ultimate sale of company. We continue to represent the principals in the development of a new manufacturing company including negotiating and advising the building of a facility in Tennessee, handling major incentives, addressing cross border Canadian/U.S. tax and structuring issues.

Litigation and ADR

We provide vigilant effective advocacy focused to achieve our client’s desired goals. Our attorneys are experienced with a wide range of tribunals including all local state and federal courts, the American Arbitration Association, JAMS and the Arbitration Service of Portland. We are licensed to practice in many western states including, Oregon, Washington, Utah and Arizona, and have litigated disputes across the nation.

Attorneys at Rathbone Barton Olsen successfully prosecuted and defended a series of multi-million dollar claims against a prominent real estate developer and cinema operator on behalf of the owners of a retail center, obtaining a pre-trial summary judgment enforcing the personal guaranty of the cinema’s lease and dismissing the cinema’s claims regarding maintenance of the retail center. The case involved the extensive use of electronic discovery and forensic document experts.

The firm’s attorneys have also tried, arbitrated or mediated a plethora of other claims including defending clients in employment matters, patent and IP disputes, securities fraud, products liability and a wide array of real estate related disputes.

Administrative Law

We navigate through the complex world of administrative regulations and proceedings involving local, state and federal governments. We appear before regulatory boards and commissions as well as in contested case hearings and before administrative hearing officers. We also advise companies doing business with regulated industries.

Our lawyers often negotiate with agencies to resolved administrative claims and obtain permits and licenses.

Government Relations

We understand the nuances and dynamics of our political system and maintain key relationships among local, state and federal officials to assist our clients. We strategically assess opportunities to make or modify law in the legislative and rule making process, and provide diplomatic advocacy when the need requires.

 

Employment

We represent employers in establishing and maintaining lawful and effective practices in employer/employee policies. We aggressively advocate in state and federal courts and before state agencies.

The firm’s lawyers have defended numerous employment claims before state administrative agencies and through court proceedings. We also proactively counsel clients in the preparation of employment handbooks and policies to protect our clients against employment claims.

Healthcare

We represent healthcare institutions in compliance activities and with the creation of systems and protocols associated with effective healthcare delivery. We also provide comprehensive business counsel to healthcare providers of all kinds.

Attorneys at Rathbone Barton Olsen represented clients in refinancing six senior centers over the course of two years. Our attorneys handled all aspects of the transactions including negotiating the loan and intercreditor agreements, title work and government relations.

Our attorneys also represented a medical group in acquiring the building complex where they practice. Our work included forming a new limited liability company, creating a securities offering to sell membership units to physicians and administrators, property due diligence, negotiating a purchase and sale agreement, and negotiating and documenting seller financing.

Lending

We represent lenders and borrowers in sophisticated loans and commercial financing transactions. We document and enforce such agreements. Over the years, Rathbone Barton Olsen lawyers have hundreds of millions of dollars in loans and credit facilities on behalf of lenders and borrowers, and have also enforced agreements when necessary.

Leasing

We represent landlords and tenants in leasing matters across the country. We serve as outside leasing counsel for many major corporations including retail, office, industry and multi-family units negotiating hundreds of office and retail leases across the country.

Attorneys at Rathbone Barton Olsen act as outside real estate counsel for Dutch Bros. In addition, we represent many Dutch Bros franchisees in forming new franchises and in lease negotiations. We have successfully negotiated dozens of retail drive-thru coffee leases in Oregon, Washington, California, Idaho, Nevada, Colorado and Arizona, and look forward to continuing to assist Dutch Bros as they continue to expand their franchise nationwide.

Our attorneys also served as national outside leasing counsel for major telecommunications companies for office and retail build outs. We successfully negotiated leases all over the country for hundreds of thousands of square feet of space.

Creditors' Rights

We represent businesses with commercial collections, creditors’ rights, commercial foreclosures, collateral strategies and drafting and negotiating commercial terms. We also represent creditors and interest holders in bankruptcies and bankruptcy related litigation. Rathbone Barton Olsen successfully prosecuted numerous judicial foreclosures resulting in millions of dollars of recoveries for our clients.