Posted: December 18, 2009
Meltzer of Meltzer, Lippe, Goldstein & Breitstone provides a fresh, creative thinking approach to law
"Getting a deal done or not is very much about the allocation of risk. What makes me particularly effective as an attorney is my ability to analyze the risk and corresponding issues of a transaction and articulate to each side where that risk is best and most appropriately assigned, also proposing a framework in which all sides to the transaction will be comfortable proceeding."
A sense of déjà vu pervades the real estate practice of Gary Meltzer, partner at the Mineola, New York law firm Meltzer, Lippe, Goldstein & Breitstone LLP (MLGB). That feeling is engendered by the early years of Meltzer's New York City practice during a down cycle reminiscent of today. "Whatever the status of the real estate market, there is nonetheless a certain level of activity," said Meltzer. "The focus of the activities is what's different. My years of experience in different cycles and business perspective give me the introspection other lawyers do not have the ability to share with their clients."
"I never use the word customary to define a transaction. If you want customary, you can find a robotic type of lawyer for less money. Every transaction is unique and deserves fresh, creative and critical thinking rather than pre-programmed responses and reactions. I articulate the issues in a comprehensible manner so that both parties have a clear understanding of the issues and consequences. It's also about having the confidence, when necessary, to suggest to a client that under the circumstances it might be more appropriate for him or her to take the risk. Many attorneys do not have the self-confidence to do this, and as such are doing their clients a disservice."
Meltzer's areas of practice include real estate, finance, corporate and general business law. He represents lenders and borrowers in all facets of real estate lending and borrowing, including multi-state portfolio financing on the lending and borrowing sides. He represents sellers and purchasers of real estate loans, performing due diligence and drafting and negotiating sale-purchase agreements and handling all aspects of landlords and tenants and sophisticated leases including big box leases, closing loan sale and/or purchase transactions. His practice includes all aspects of commercial real estate acquisitions and dispositions, including 1031 exchanges, loan assumptions and defeasances. He has drafted and negotiated tenancy in common agreements, partnership and operating agreements and created complex organizational structures.
From the start, Meltzer was drawn to the "interplay between the legal and business aspects of a deal and melding them together." While at Benjamin N. Cardozo School of Law, the aspiring attorney's interest turned to real estate, encouraged by a summer position at the Manhattan real estate boutique firm Dreyer & Traub in 1990. Among the firm's prominent clients was Donald Trump, who was negotiating with banks to maintain his vast portfolio. Assigned to the group handling Trump's business, Meltzer received an elite education in down-market real estate that resonates to this day. "Imagine the impact of a month of meetings with New York's most recognized developer and his top level meetings involving the city's most prestigious law firms," recalls Meltzer. "Not only did it ignite my interest in real estate, it provided an unparalleled experience in workouts. I watched all sides of the transactions and observed some of Manhattan's preeminent attorneys at work. I became thoroughly enthused."
When Meltzer graduated law school, the continued downturn made the job market tight, particularly in real estate. Although Dreyer & Traub closed its doors, Weil, Gotshal & Manges LLP (WGM) extended a job offer. Representing the top acquirers of non-performing loan portfolios, WGM was busy as its clients were accumulating nearly every portfolio of non-performing real estate loans from the Resolution Trust Corp.(RTC), the governmental entity that took over the failed banks. "This was during the tail end of the S&L crisis. The RTC had taken over more than 700 S&L associations and banks. Consequently, there was a huge amount of work. The clients either purchased these portfolios of loans, or refinanced the acquisition for the successful bidder."
After four years at WGM, Meltzer sought transactional experience with real estate developers at Baer Marks & Upham, LLP, gaining "nuts and bolts experience representing sellers, buyers, lenders, borrowers, landlords and tenants in leasing, financing, sales and acquisitions."
So what led Meltzer, a Manhattan resident with extensive experience at prestigious Manhattan law firms, to Long Island?
"Quite simply, the quality of the attorneys and clients at MLGB. Many of my colleagues here trained at top law schools and have held positions at prominent Manhattan firms. That combination translates to a high intellectual level, excellent insight and depth at levels that the average mind with an average education doesn't aspire to or have capacity to achieve."
"MLGB is a true full-service business law firm, with expertise in domestic and international corporations and securities, tax, labor and employment, litigation, health care, intellectual property, financial, employee benefits, bankruptcy/creditors' rights and workout as well as a broad range of personal services including wills and trusts, estate planning and administration."
Built on the theory of if you build it they will come, MLGB offers the depth of experience of a Manhattan law firm with the personal attention of a Long Island firm. "Quality legal talent, a breadth of practice and modern technology without any sacrifice of efficiency, expertise and congeniality has attracted a client mix of Fortune 500 companies, medium and small-sized public and private corporations, real estate developers, venture capitalists and individuals on Long Island, throughout the U.S., and the world." This personal attention extends to the firm's annual golf outing, a three-day networking junket for clients and business contacts. "As our clients' business partners, we strive to make the most of the synergies that exist between our clients for their mutual benefit. In this way we demonstrate our understanding of clients' needs and businesses."
When Meltzer joined MLGB, he brought along a substantial client, Donaldson, Lufkin and Jenrette (DLJ) - representing them in real estates loans they were originating around the country. When Credit
Suisse First Boston (CSFB) acquired DLJ in 2000, Meltzer continued to represent CSFB. In one year-end transaction, Meltzer represented CSFB in making a loan secured by 41 properties in nine states. "The ability to handle these transactions demonstrated the ability and depth of MLGB."
"Initially my concern was that having worked at prominent city law firms, I would take a step down in clients and the transaction work. My challenge was to continue deals with top firms and the type of clients I was used to. Any trepidation was unfounded. In my ten years here, top firms are still involved, and the transactions national in scope, high profile and highly sophisticated."
Among other transactions of note that Meltzer has brought to MLGB include the sale-leaseback of Grumman property in Bethpage - several years after that transaction, he again handled the acquisition and sale of the property. He has bought and sold multifamily complexes in many states around the country, and recently represented a Home Depot lease in New Orleans.
Reflecting on his formative years, Meltzer credits his father, Lew. "He would often discuss real estate ventures, those of clients and his own, first in a basic way to cultivate my interest, but evolving over time to elicit problem solving and give advice."
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