Patrick T. Fitzgerald

• Corporate Law
• Mergers & Acquisitions
• Private Equity
• Real Estate
• Securities

• New York
• U.S. District Court, Western District of New York

• Named to Best Lawyers: Ones to Watch, 2021-2022
• Named Upstate New York Super Lawyers^® Rising Star, 2017-2021

• State University of New York at Buffalo Law School, J.D. 2011
• St. John Fisher College, B.A. 2006

• American Bar Association
  • Young Lawyers Division
• Association for Corporate Growth
• Bar Association of Erie County
  • Environmental Law Committee, Former Chair

Private Investment Funds

• Represent clients (general partners) in connection with the structuring, formation and operation of private investment funds, including assisting with capital raising matters and the underlying portfolio company transactions.

Portfolio Companies

• Regularly engaged as corporate counsel to represent portfolio companies in connection with all legal matters, including structuring, operations, equity and debt financing, securities issues, joint venture arrangements and related matters, and assist clients in connection with disputes among members, shareholders and partners.

Private Placements

• Represent numerous real estate developers in connection with the private placement of securities, including preparing all securities offering documents (e.g., PPMs, Limited Liability Company and Limited Partnership Agreements, Investor Questionnaires and Subscription Agreements), and the underlying real estate transactions (e.g., land use and zoning, acquisitions and due diligence matters), representing hundreds of millions of dollars in new development, value add and stabilized projects.

Joint Ventures

• Represent clients on all matters related to structuring and negotiating equity and contractual joint ventures, including formation, capital requirements, distribution issues, governance matters, default remedies, transfer restrictions, minority member protections and all related matters.

Investor (LP) Representation

• Counsel investors on all matters related to investments into private investment funds, syndicated real estate deals, independent sponsor deals, and other private equity transactions.

General Corporate

• Represented a health care company (personal protective equipment) in connection with all real estate matters, including the acquisition and leasing of various properties throughout the U.S., and various corporate matters relating to its supply chain and project financing.

Real Estate

• Assisted a publicly traded self-storage company with all real estate matters, including negotiating easements, declarations, covenants, conditions and restrictions, and the acquisition and disposition of real property, as well as participating as counsel to the company on a $1.3 billion commercial transaction to purchase a competitor and portfolio of approximately 100 properties.
• Assisted a national trust client with land use and zoning issues, as well as the disposition of property that was allocated approximately $121 million by the federal/state government to investigate and remediate potential environmental contamination located on the property. Total purchase price was approximately $1.2 billion.
• Assisted a New York State industrial development agency (IDA) in connection with environmental matters related to a $1 billion waterfront development project located on multiple properties that required environmental remediation activities.
• Advised various New York State IDAs on all New York State Environmental Quality Review Act matters. Significant matters include a (a) $38 million waterfront hotel project, (b) 78MW and 100MW wind farms and (c) a 325,000-square-foot manufacturing facility expected to produce nearly 900 new jobs.
• Advised a real estate developer in connection with the sale of a portfolio of 57 properties and 3 corporate entities for approximately $25 million.
• Represented educational institutions in connection with all matters related to ground leasing and associated development projects as well as general acquisitions and dispositions. Typical project values ranged from $10 – $50 million.
• Responsible for all land use and zoning issues (site plan approval, planned residential district rezoning, and special permit) and environmental matters for the development of an approximately $12 million residential/commercial/professional space project that is in the New York State Brownfield Cleanup Program.
• Counseled a development team in connection with the purchase of property, including all related real estate matters (e.g., leasing, easements and air rights issues), from an off-track betting corporation for the development of a $7.5 million hotel project.
• Negotiated and drafted hundreds of leases and lease amendments on behalf of the world’s largest telecommunications company for sites throughout the United States.
• Regularly advise and assist corporate entities, including various educational institutions and developers in connection with all real estate matters, such as zoning and leasing (with institutional and private landlords) and development matters, and the acquisition and disposition of real property located throughout the U.S.
• Responsible for all land use and zoning issues (site plan approval, variance, rezonings, special permits etc.) for the development of numerous telecommunications facilities on behalf of the world’s largest telecommunications company.

Acquisitions and Dispositions/M&A

• Counseled an insurance company on real estate and environmental matters, including negotiating relevant portions of the stock purchase agreement and addressing title issues, for its sale for $200 million to a privately held company.
• Counseled a manufacturer on real estate and environmental matters, including negotiating relevant portions of the stock purchase agreement, for its sale for $130 million.
• Negotiated the sale and leaseback (including a full and unconditional release and waiver) of a former industrial complex. Assisted in the subsequent sale of the entity and its related properties for approximately $60 million.
• Counseled a manufacturer on real estate and environmental matters, including negotiating relevant portions of the stock purchase agreement, in connection with its sale to multiple private-equity firms for $45 million.