Overview

Ed is a trial lawyer and is a co-chair of the firm.

He is experienced in handling complex commercial litigation, including in all aspects of real estate.  Ed has litigated and tried cases throughout the country.   He has extensive experience litigating partnership disputes, fraud & breach of fiduciary duty claims, low income housing disputes, construction claims (delay, disruption and defects), valuation disputes, lease disputes, unfair business practice claims, easement disputes, and insurance coverage litigation (CGL, Property, E&O and D&O policies).  Ed's experience extends into state court, federal court, private arbitration and public works arbitration at the trial court and appellate levels. He represents developers, property owners, lessees, managers, real estate investors, lending institutions, and others involved in the real estate industry.

Experience

Projects successfully litigated include Hotels, Low Income Housing Tax Credit properties (LIHTC), High Rise condominiums, industrial projects, master planned communities, infrastructure projects, Resort developments, golf courses, assisted living facilities, burial sites, and high-end homes.

Tried dozens of LIHTC disputes throughout the country. Currently litigating disputes in multiple states in Federal court, state court and arbitration, and in the trial and appellate courts. Issues litigated include enforceability and interpretation of option provisions, ROFRs, partnership disputes, control issues, removal of partners, valuation disputes, compliance with LIHTC rules and regulations, improper assignments, etc.

Successfully tried $100 million construction claim for project involving a hotel with 420 units condominium units, entertainment venues, bars and restaurants.

Obtained multi-million dollar fraud judgment against JV partner for concealment of partnership opportunity. Prosecuted and defended dozens of fraud, and breach of fiduciary claims.

Obtained many favorable judgments on valuation disputes with value differentials ranging from $1.0 million to $350 million. Issues tried include the interest to be valued (e.g. land, land and improvements, land restricted to certain uses, partnership interests, minority interests), the impact on value of use restrictions, zoning laws, contract language, municipal codes, transfer restrictions, environmental conditions and specialized improvements); who is to make the value determination (Appraiser, court, arbitrator); valuation instructions and much more. Valuation disputes included LIHTC projects, hotels, office buildings, parking structures, retail centers, regional malls, apartment buildings, biotech facilities, mixed used buildings and projects, restaurants and jails.

Obtained trial award against Caltrans on a slope stability claim and recovered $35 million from Caltrans to effectuate slope repairs and reimburse costs incurred.

Prosecuted $65 million in claims against a first party insurer, contractors, third party insurers and developer on behalf of the project lender following a landslide that devastated a high end California resort.

Defended and prosecuted many landslide and adjacent support disputes for residential projects, resort developments and senior living facilities.

Successfully prosecuted claims for owners and developers of apartment and commercial projects in Porter Ranch for impacts from the Porter Ranch gas leak.

Prosecuted interrelated, complex claims following a $1+ billion loss on a 1600 acre resort development. The claims included pursuit of $120 million dollars in completion bonds for on-site and offsite highway and roadway improvements; $100 plus million in claims against the developer and lender for failure to complete a clubhouse, Oceanside recreation facility, and sewer, electrical and water infrastructure; lender liability claims as a result of lender control of the project following developer default; in excess of $35 million in breach of fiduciary duty claims against a project association and related E&O insurance claims.

Successfully defended $19 million claim against project developer/owner for purported increased project costs resulting from claimed design errors and delays and disruptions supposedly driven by owner/developer conduct, involving a high rise, high end condominium project in Marina del Rey.

Successfully defended defect claims against a major California developer for defect claims implicating multiple developments and more than 1000 homes. Following structured resolution, successfully collected costs incurred from responsible contractors and insurers.

Defended defect claims and delay claims on public works project for freeway construction and successfully prosecuted and recovered $10 million cross-claims for changed conditions.

Successfully defended indemnity demand for claimed losses exceeding $300 million, resulting from a large environmental loss.

Defended and prosecuted many delay and disruption claims and separate defect claims for ski resorts in California, Canada and Utah and surrounding hotels, retail centers, master planned residential communities, and condominium projects. Claims included partnership disputes, defect claims, delay and disruption claims and easement and access issues.

Recovered in excess of $8 million on construction defect claims for the owner of a Montecito home. Successfully litigated construction defect claims on behalf of many high end homeowners throughout the state.

Successfully prosecuted claims against the City of Arvin for improperly allocating limited sewer capacity to a competing developer; obtained consent decree from the City of Arvin and settlement agreement obligating the city to allocate specified remaining capacity to client.

Defended many developers from construction and cost overrun claims, on a projects of all types, including master planned residential communities, hotels, mixed use projects, high rise condominiums, retail projects, resorts and golf courses.

Insights

News

Publications

Awards & Affiliations

Honors & Recognitions

Selected as "Leader of Influence: Top Litigators" by the Los Angeles Business Journal, 2023

2023 Visionaries, Business of Law: Updates, Trends & Visionaries Magazine produced by L.A. Times B2B Publishing, 2023

Southern California Top Attorneys, Selected by Peer Recognition & Professional Achievement, Los Angeles Magazine, February 2023

Lawyer in Real Estate, Connect CRE, 2021

Recommended Attorney, Real Estate - Construction, Legal 500 USA, 2018

Southern California Super Lawyers, 2012-2024

Bar & Court Admissions

  • State Bar of California
  • U.S. District Court for the Central, Northern, and Southern Districts of California
  • U.S. Court of Appeals for the Ninth Circuit
  • United States Supreme Court

Education

J.D., University of California, Berkeley School of Law, 1994

B.A., University of California, Los Angeles, 1990, Regent Scholar, magna cum laude, phi beta kappa

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