Real Estate


From the acquisition and financing of a corporate headquarters to the construction of a publicly funded sports facility, Ulmer & Berne’s real estate attorneys offer a broad scope of talent and expertise in serving clients across the U.S. Our practice has ranked in the top tier for 12 consecutive years in the list of Top Real Estate Firms by Midwest Real Estate News and is listed in national publications such as Chambers USA: America’s Leading Lawyers for Business and U.S. News – Best Lawyers’ “Best Law Firms.” We serve as national leasing counsel to specialty retailers with more than 1,000 stores and locations in almost every state in the U.S., and are regularly engaged by the world’s largest restaurant company (with more than 33,000 restaurants worldwide) for acquisitions and disposition of locations around the country. Our clients also include leading apartment owners and developers, shopping center owners, general contractors, property managers, lenders, investors, municipalities, and school districts. Our approach is multidisciplinary, engaging team members from related practice areas such as tax, finance, nonprofit, employment and labor, and others when appropriate.

October 30, 2020 – Ulmer & Berne LLP is pleased to share that Partner Michael S. Tucker has been elected to serve a three-year term on the Board of Directors of the Cleveland Metropolitan Bar Foundation (CMBF), the charitable fundraising arm of the Cleveland Metropolitan Bar Association (CMBA). The CMBF raises critical funds...

By David A. Meyer and Brett C. Altier Purchasing contaminated property in Ohio became a little less risky this week. Purchasers can now obtain protection under both federal and state law from costly remediation orders imposed by the U.S. Environmental Protection Agency (EPA) or the Ohio Environmental Protection Agency (Ohio...

In a new four-part series on Ulmer’s Real Estate Advisor Law Blog, Ulmer Associate Alexander S. Conn addresses landlord liability during COVID-19. Throughout the series, Conn covers landlord negligence, duties, and defenses, recommendations for landlords on how to protect themselves, an overview of proposed COVID-19 related legislation that is traveling...

September 3, 2020 – On Wednesday, September 1, 2020, the Centers for Disease Control and Prevention (“CDC”) issued a temporary moratorium on residential evictions in an effort to prevent the further spread of COVID-19. The order entitled, “Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19” (the...

April 6, 2020 – All aspects of the commercial real estate world have been rocked by the COVID-19 crisis – renters, landlords, and lenders. Multifamily commercial real estate owners find themselves in the middle of an unenviable situation – on one side, renters that cannot pay rent, and on the...

CDC Issues Draft Order Halting All Residential Evictions Through December 31, 2020 By: Robert L. McEvoy September 3, 2020 – On Wednesday, September 1, 2020, the Centers for Disease Control and Prevention (“CDC”) issued a temporary moratorium on residential evictions in an effort to prevent the further spread of COVID-19. The order...

April 3, 2020 – In recent weeks, federal, state, and local governments and public officials have implemented a multitude of sweeping measures in connection with eviction and foreclosure proceedings in an attempt to negate the adverse economic impact of the COVID-19 pandemic and provide economic relief to tenants and landlords....

April 2, 2020 – On March 26, 2020, the U.S. Environmental Protection Agency (USEPA) issued a policy relaxing enforcement of some regulatory requirements in response to the COVID-19 pandemic.  The policy applies retroactively to March 13, 2020, and provides that USEPA will exercise enforcement discretion for certain noncompliance that results...

March 11, 2020 – Ulmer & Berne LLP is pleased to announce the addition of Associate Robert L. McEvoy to the firm’s Cleveland office where he joins the Real Estate Practice Group. McEvoy focuses his practice on real estate law and assists clients in all aspects of real estate matters. As a...

UPDATED MARCH 26, 2020: State and federal laws are changing every day with respect to the novel coronavirus called COVID-19. As of Wednesday, March 25, 16 states have or will have implemented stay at home orders affecting more than 40% of the population. As the laws related to your business...

From Ulmer’s Real Estate Advisor Law Blog By Bradley D. Kaplan As of Monday, March 23, 2020, Illinois, Ohio, and Kentucky have issued executive orders for the purpose of limiting person-to-person contact to avoid the transmission of the COVID-19 virus. This article summarizes how each of these three states are defining...

From Ulmer’s Real Estate Advisor Law Blog By Kristin W. Boose On March 20, 2020, the CRE Finance Council hosted a great conference call entitled, “The Impact of COVID-19 on the Commercial and Multifamily Real Estate Property & Finance Markets.” Like many of us in the commercial real estate world,...

February 3, 2020 – Ulmer & Berne LLP is pleased to share that Lori Pittman Haas, Partner and Group Leader of the firm’s Real Estate Practice Group, has been named to the Midwest Real Estate News Hall of Fame, which recognizes leaders in the commercial real estate industry who have helped...

Ulmer & Berne LLP is pleased to announce the election of three partners to the firm, effective January 1, 2020. This class of new partners includes attorneys with backgrounds in diverse legal disciplines and who reflect Ulmer’s commitment to providing sophisticated advice and counsel. “We are happy to welcome Kristin,...

Ulmer & Berne LLP is pleased to announce that Mary Forbes Lovett, Partner and Chair of Ulmer’s Real Estate Practice Group, has been elected to the firm’s Management Committee. Lovett is one of two women serving on this seven-member committee, which is responsible for guiding the operations and strategic direction of...

On June 20, 2019, the Ohio Senate unanimously approved a state budget bill, House Bill 166, which includes a new tax credit for investments made into Ohio’s opportunity zones. Originally passed unanimously by the Ohio Senate as Senate Bill 8, the bill was later included in the state operating budget...

As part of the 2017 Tax Cuts and Jobs Act, Congress added a new provision to the Internal Revenue Code allowing investors to defer capital gains by making investments into Qualified Opportunity Funds (QOFs).[1] However, many investors have remained on the sidelines waiting for the Internal Revenue Service (IRS) to...

Given high real estate tax rates in Ohio, clients often ask us if a higher property valuation for real estate tax purposes can be avoided by purchasing membership interests rather than purchasing the real estate directly. Frequently, the seller will transfer the real estate to a newly formed limited liability...

Ulmer & Berne LLP is pleased to announce that 11 of the firm’s attorneys have been recognized by Cincy Magazine as Cincy Leading Lawyers. Attorneys selected as Cincy Leading Lawyers are considered to be the best in the Tristate area. Members of Greater Cincinnati’s legal community nominate their colleagues each...

Cuyahoga County and 18 other Ohio counties recently completed the state-mandated six-year reappraisal of all real property in those counties. In Cuyahoga County, across all property types, values rose overall by an average of 10.1 percent. Home values rose by an average of 10.8 percent, and commercial and industrial properties...

Ulmer & Berne LLP is pleased to announce the addition of three associates to the firm. Kathryn (Katie) Bartolomucci and Brooke Tyus join Ulmer’s Cleveland office, while Hillary Maynard joins the firm’s Chicago office. “We’re thrilled to bring Katie, Brooke, and Hillary on as associates,” said Scott P. Kadish, Managing...

Ulmer and Berne LLP is proud to announce that three of its attorneys will participate in the Cleveland Metropolitan Bar Association’s 40th Annual Real Estate Law Institute on November 8-9. This two-day conference allows attendees to hear from legal and industry experts and provides advanced programming in real estate law....

Annual conference brings together retail real estate legal professionals Ulmer Managing Partner Scott P. Kadish and Counsel Joseph B. Conn will present on October 25 as part of the International Council of Shopping Centers’ U.S. Shopping Center Law Conference in Orlando, Florida. This high-energy, four-day conference offers over 70 sessions...

Ulmer & Berne LLP is proud to expand its nationally recognized Real Estate Practice Group with the addition of two skilled real estate attorneys. Associates Raymond D. Seiler and Steven P. Larson joined the firm’s Cleveland office in September, and bring with them years of experience assisting clients with the...

Ulmer Partner Recognized in Inaugural List of Top Young, Jewish Leaders  Ulmer is proud to announce that Partner, Daniel A. Gottesman, has been recognized by Cleveland Jewish News in its inaugural list of top young, Jewish leaders and influencers. Daniel is one of 12 individuals selected, from more than 100...

An estimated 10,000 Americans turn 65 every day, and this trend is expected to continue for more than a decade.[1] On top of that, Americans are living longer. The average American man or woman reaching age 65 today can expect to live until age 84 or 86, respectively.[2] Legislators and...

The days of hackers targeting only retailers are long gone. With attacks that can misdirect wire transfers and hold computer systems hostage, hackers can successfully target any industry, particularly those that are behind the curve for cybersecurity. That applies to real estate. According to a recent report prepared by KPMG, 50...

From Ulmer’s Real Estate Advisor Blog By Bill Gagliano Bill Gagliano It has an urban, industrial feel. It has a live DJ. It has a festive atmosphere. It has a patio. And, in addition, to the tacos, gorditas, crunch wraps and chulapas that you’ve come to love and expect, it...

Chambers USA: America’s Leading Lawyers for Businesses recognized Ulmer & Berne LLP for the 15th consecutive year as a leading law firm. The guide is the culmination of thousands of in-depth interviews, carried out by the largest research team of its kind. Chambers recognizes nine of the firm’s partners and counsel, including...

Ulmer & Berne LLP announces that Cleveland-based partner Bill J. Gagliano has been elected to the Gordon Square Arts District’s Board of Directors. Gagliano is a member of Ulmer’s Management Committee and was the long-time chair of the firm’s real estate group. He is a member of the American College...

Mary Forbes Lovett, Chair of Ulmer’s Real Estate Practice Group, has been named to the Midwest Real Estate News Commercial Real Estate Hall of Fame for 2016. Each year, Midwest Real Estate News highlights a select group of real estate professionals who go well above and beyond the call of duty for...

From Ulmer’s Real Estate Law Advisor Blog Authors: Mary Forbes Lovett So I don’t know about you, but every time I turn on NPR lately there is some discussion about President Trump’s conflict of interest because of his Washington D.C. Hotel built in the former U.S. Post Office with a ground lease...

Ulmer & Berne LLP is pleased to announce that it has named Howard Groedel chair of its Business Law Practice Group. The firm also appointed partners Douglas K. Sesnowitz and Marie C. Kuban as the group’s vice chairs. Separately, Ulmer named partner Lori Pittman Haas as vice chair of its...

Ulmer is ranked in 39 categories in the 2017 U.S. News – Best Lawyers “Best Law Firms” rankings. Among these, the firm earns U.S. News – Best Lawyers highest rankings in 21 categories. The firm also ranks nationally in 15 categories. Firms included in the 2017 “Best Law Firms” are...

Ulmer & Berne welcomes Joseph B. Conn, who recently joined the firm as counsel. Mr. Conn adds his significant experience in major retail leasing and real estate development to Ulmer & Berne’s sizable real estate practice. He will be based in Ulmer & Berne’s Cincinnati office. Mr. Conn represents a national base of...

“Top-Class Hospitality: Renovated Cleveland Board of Education Building reopens as new Drury Plaza Hotel” Properties Magazine June, 2016

“Texas Housing Bias Row May Affect Developer Building Plans,” Law360 June 15, 2016

“Ulmer & Berne’s Lovett: Cleveland’s Urban Core is on the Rise” Midwest Real Estate News April 11, 2016

The county-appraised values of all real estate in 24 Ohio counties, including all properties in Cuyahoga, Lake, Lorain, Portage, and Stark counties, were updated this past fall as part of Ohio’s statutory reappraisal process. These new values will be in place generally for the next 3 years. Many county-appraised real...

Scott P. Kadish, Cincinnati-based partner and Chair of Ulmer & Berne’s Leasing and Retail Practice Groups, has been named to the Midwest Real Estate News Commercial Real Estate Hall of Fame for 2015. Each year, Midwest Real Estate News highlights a select group of real estate professionals who go well...

Ulmer & Berne is ranked in 39 categories in the 2016 U.S. News – Best Lawyers® “Best Law Firms” rankings. Among these, the firm earns U.S. News – Best Lawyers highest rankings in 21 categories. The firm also ranks nationally in 16 categories. Firms included in the 2016 “Best Law...

Ulmer & Berne is recognized for the 13th consecutive year as a leading law firm in Chambers USA: America’s Leading Lawyers for Business. In the 2015 edition, Chambers USA recognizes 14 of the firm’s partners, including a Band 1 ranking for Michael N. Ungar, chair of Ulmer & Berne’s Litigation...

Ulmer & Berne LLP is ranked in 40 categories in the 2015 U.S. News – Best Lawyers® “Best Law Firms” rankings. Among these, the firm earns U.S. News – Best Lawyers’ highest ranking in 23 categories. The firm also ranks nationally in 17 categories. Ulmer & Berne achieved a “Metropolitan Tier...

“Dealmakers Q&A: Ulmer & Berne’s Mary Forbes Lovett” Law360 September 12, 2014

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