Real Estate: Dispute And Litigation Advisory Service Sheet – Real Estate

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The complexity and size of today’s real estate
markets for investment, finance, development and operation means
that disputes will inevitably arise. The Real Estate Solutions team
within FTI Consulting provides clients with valuable insight and
clarity, assisting with every phase of the dispute resolution
process – starting from early case assessment, pre-litigation
strategy and discovery to litigation/mediation consulting, expert
testimony and trial. With proven financial, economic and industry
expertise, FTI Consulting helps clients unravel challenging
business issues and resolve disputes in a cost-effective and
expedient manner.

Why FTI Consulting

Experienced Professional

With deep and wide-ranging knowledge of real estate and real
estate finance, our team is comprised of highly credentialed and
experienced professionals. Our expertise includes real estate
operations, valuation, real estate lending and investing,
economics, accounting, structured finance, tax, construction and
engineering and project management.

Our Dispute and Litigation Advisory team has a successful track
record of assisting clients in every phase of the dispute
resolution process. Our clients benefit from the value we bring

Top-Notch Expertise

  • Early case assessment, risk analysis and pre-litigation

  • Expert testimony in federal and state courts and domestic and
    international arbitration

  • Persuasive, seasoned and credible expert witnesses

  • Litigation consulting expertise and support, including
    evaluating the client’s experts and opposing experts

  • Sophisticated technology to aid investigations and

  • Comprehensive trial services, graphics and courtroom technology

Clients Often Seek Our Dispute and Litigation Advisory
Team For Disputes Involving:

  • Commercial Real Estate

  • Hotels, Resorts and Casinos

  • Single-Family Rental

  • Senior, Student and Military Housing

  • Hospitals and Healthcare Facilities

  • Homebuilding

  • Land Development

  • Timeshare and Other Fractional Ownership

  • Real Estate Lending and Servicing

  • Real Estate Operating Companies

  • Whole Loans, CMBS, RMBS, CDOs and CLOs

Representative Engagements

Solvency Analysis and Fraudulent Transfer

In multiple cases, provided expert witness reports in connection
with avoidance actions, including for a celebrity chef-branded
restaurant chain and a 3,592-acre master-planned residential and
resort community near Las Vegas. Opined on solvency as of the
transaction date, reasonableness of the contemporaneous cash flow
projections, the equivalent value and the causes of subsequent

Hotel Management and License Agreement
Termination/Operational Issues

Represented defendant developer of a portfolio of hotels in China
in connection with the early termination of multiple management and
license agreements; Provided testimony in numerous disputes
concerning operational issues in lodging, gaming and fractional

Reorganization Plan Feasibility

In numerous cases involving different asset classes and on behalf
of borrowers, senior lenders and unsecured creditors, provided
expert witness testimony in connection with Chapter 11 plan
confirmation hearings regarding feasibility of the proposed
reorganization plans and the appropriate post-confirmation interest

Loan Underwriting and Origination

In several cases, provided expert witness testimony for plaintiffs
and defendants on matters related to CMBS and RMBS loan
underwriting and origination practices, as well as potential
breaches of issuers’ representations and warranties. For RMBS
“put-back” litigation involving over 2,240 loans,
estimated potential damages on behalf of the defendant.

Damages Expert/Partnership Dispute

Provided expert witness testimony related to damages and missed
development opportunity in international arbitration proceedings
involving a partnership dispute regarding capital contribution in
connection with a major luxury fractional ownership/hotel resort
development in Mexico.

Valuation and Tax Consulting

In an attempt to avoid litigation between business partners,
provided valuation and tax consulting services to facilitate a fair
separation of a portfolio of 45 real estate assets in multiple
asset classes.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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