Janice Mac Avoy
Litigation, Real Estate
Janice Mac Avoy is a member of the Real Estate Department and the Litigation Department, co-head of the Real Estate Litigation Practice and co-chair of the Firm's Pro Bono Committee.
Ms. Mac Avoy concentrates her practice in complex real estate-related transactions and disputes, commercial litigation and arbitration, and commercial fair market rent arbitrations. She also has extensive experience in creditor's rights, including complex commercial real estate mortgage foreclosures and UCC foreclosures, workouts and restructuring of real estate secured debt. Ms. Mac Avoy works with the Firm's Real Estate Department on transactions in order to resolve issues without resorting to litigation.
Among Ms. Mac Avoy's recent noteworthy representations are:
Ms. Mac Avoy's clients include commercial landlords and tenants, lenders and investors, broker-dealers and multinational corporations as well as individuals involved in commercial disputes. A significant amount of Ms. Mac Avoy's practice includes advising clients on complex securitized debt in which the underlying assets are real estate, including the enforcement of lender's rights, acquisition and divestitures of real estate secured debt and the restructuring of real estate secured debt. She also advises clients in complex partnership and joint venture transactions and disputes.
- Princeton Holdings LLC in the successful arbitration of a dispute regarding the acquisition of a 50% tenant-in-common interest in 14 Manhattan properties, valued in excess of US$450 million at the time of the agreement and currently worth significantly more.
- RBC in its foreclosure action and subsequent restructuring of debt on the iconic Lipstick Building in New York City.
- Lehman Brothers in connection with several foreclosure actions, including a significant development site adjacent to Hudson Yards in New York City.
- Boston Properties in a potential rent reset arbitration that was successfully negotiated with the tenant without the need to resort to arbitration.
Ms. Mac Avoy has created seminars and CLE presentations on, among other things, the basics of real estate restructuring and workouts, mezzanine loan foreclosures under the UCC and the parameters of the attorney-client privilege in the corporate context. Ms. Mac Avoy has also published articles on lender liability claims, developments in the law of attorney-client privilege, electronic discovery and the appropriate use of email.