Kenneth J. Fleisher

Shareholder; Chair - Real Estate and Financial Services Departments
Phone: 267.765.9610
Fax: 267.765.9650
kjfleisher@zarwin.com
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  Office:
Philadelphia, PA

Career Biography

Ken Fleisher is a shareholder and serves as chair of the Firm’s Real Estate and Financial Services Departments. Ken was the former chair of the Real Property Section of the Philadelphia Bar Association in 2006.  Member of the Executive Committee.  Frequent lecturer teaching continuing legal education courses on real estate and real estate litigation issues.
 
In every year since 2005, Ken has been named a Pennsylvania “Super Lawyer” as published in Philadelphia Magazine, an honor received by only 5% of Pennsylvania lawyers each year.
 
Named Corporate Counsel Super Lawyer in Real Estate.
 
Author of articles published in various professional journals and magazines on real estate matters.
 
Received the 2008 Pro Bono Publico Award from the First Judicial District of Pennsylvania.
 
"AV" rated in Martindale Hubbell.
 

PROFESSIONAL ACTIVITIES:

Member:  Mortgage Foreclosure Steering Committee - Philadelphia Court of Common Pleas

Member:  Fraudulent Conveyances Task Force - Philadelphia Court of Common Pleas

Member: Philadelphia Bar Association Lawyer Referral and Information Service Committee

Judge Pro Tempore, Philadelphia Court of Common Pleas - Commerce Court

Judge Pro Tempore, Residential Mortgage Foreclosure Diversion Pilot Program

Member: Philadelphia City Facilities Taskforce Advisory Group

Member: Sheriff's Advisory Board

Representative Matters

Represented a joint venture in closing the sale of a large apartment complex in Florida, which transaction included defeasance of the existing mortgage financing.

Represented the owner of a shopping center in northern New Jersey in successfully negotiating several major retail leases with national tenants containing an aggregate of over 120,000 square feet.

Represented the lender in a multi-million dollar, multiple-borrower refinancing of various fee-owned and ground-leased properties in Delaware, including a warehouse, a motel and a healthcare clinic.
 
Represented the lender in a multi-million dollar refinancing of an office building in southern California. 
 
Represented the landlord in negotiating a lease with a national tenant for a multi-building shopping center in New Jersey.
 
Successfully represented a leading regional property management company in negotiating a lease for its new corporate headquarters in suburban Philadelphia.
 
Represented a Philadelphia developer in closing several construction loans for medical care facilities to be built on ground lease sites in suburban Philadelphia.
 
Acted as regional counsel to the owner of numerous gasoline stations and convenience store facilities in Pennsylvania, New Jersey and Delaware relative to a $450,000,000 loan facility issued by a consortium of financial institutions.
 
Closed a $50mm loan to refinance a multi-building residential apartment complex in Maryland.
 
Closed a $4mm construction loan for a shopping center project in suburban Philadelphia.
 
Closed a construction loan to renovate an office building along the Route One corridor in New Jersey.
 
Closed a real estate acquisition and business line of credit facility for a business owner in NJ which purchased the office/light industrial park where its business is loaded.
 
Closed an asset-based, secured business line of credit facility made available to a professional services company in Philadelphia.
 
Closed a series of loans totaling in excess of $10mm made to a developer and property manager to acquire several multi-unit apartment complexes in Philadelphia.

Represented a major Philadelphia developer in acquisition and disposition of 14 industrial warehouse properties in ten states nationwide.

Represented the sellers of a multi-building residential apartment complex in suburban Philadelphia for a price in excess of $60,000,000.

Counsel to a leading multi-unit residential owner and manager in joint venture acquisition, financing and refinancing of more than $150 million in property along the East Coast.

Represents two leading Philadelphia metropolitan area developers, owners and managers of commercial and retail projects in acquisitions, sales, leasing, creation of condominiums, negotiation of construction contracts and financing of numerous properties totaling hundreds of thousands of square feet in leasable space.

Counsel to seven banks in preparation and negotiation of complex loan documents for over $100 million in financing for construction, acquisition, leasing and development of commercial, retail (shopping center and regional mall), industrial and residential property plus asset-based financing for inventory, receivables, automobiles and helicopters.

Represented major trucking parts company in acquisition and leasing of approximately 20 locations along the East Coast and in related financing.

General outside litigation and transaction counsel to major Philadelphia developer of multi-unit residential, condominium, retail and commercial projects. 

General outside counsel to numerous residential condominium associations in the Philadelphia metropolitan area, handling all contract and litigation matters.

Outside litigation counsel to regional residential developer in more than 25 cases.

Litigation counsel to the builder of a 700-plus acre multi-phase residential community in Lehigh Valley, Pennsylvania.

Outside counsel to major Philadelphia real estate management company, acting as court-approved receiver of commercial real estate projects in the Lehigh Valley and suburban Philadelphia.

General outside counsel to Philadelphia food distribution company, addressing employment, litigation, financing and intra-company management issues.

Reported cases include Huang v. BP Amoco Corp., 271 F.3d 560 (3d Cir. 2001).

Represented a lender in closing two construction loans totaling over $40,000,000 for construction of two mixed use retail and residential projects in New Jersey.

Successfully represented a lender in closing a major construction loan for more than $30 million.

Represented sellers of a multi-building residential apartment complex in suburban Philadelphia for a price in excess of $60,000,000.

Represented a client in a joint venture acquisition of a multi-building apartment complex in Delaware for a price in excess of $12,000,000, including assumption of the existing mortgage, “mezzanine” financing, entity formation, negotiation of joint venture agreements and review of private offering memorandum.

Represented the owner and management company of a multi-building apartment complex in New Jersey in a $13,000,000 refinancing.

Successfully represented a real estate owner in litigation preventing the City of Philadelphia from collecting legal fees in connection with a dispute over billing and collection of real estate taxes.

Represented the lender in financing two multi-unit apartment projects in Maryland for a combined amount in excess of $45,000,000.

Successfully argued and obtained an affirmation on appeal to the Pennsylvania Superior Court of the trial court’s decision denying a neighboring property owner’s claim of a prescriptive easement over the parking lot of a major regional shopping center.

Represented the landlord of a suburban Philadelphia regional shopping center in negotiating a long-term lease with a national retail tenant.

Represented the owner of a multi-building regional shopping center in northern New Jersey in successful negotiation of a 20 year, 87,000 square foot lease with a national retail tenant.

Represented lender in closing commercial mortgage loans for purchasers of an office building in California and a flex office-warehouse building in Chicago.
 
Represented the purchaser of a multi-building, multi-parcel mixed commercial and industrial property in Delaware County, Pennsylvania.
 
Represented the lender in $3.6mm loan to the developer of a single-tenant building for a health care provider.
 
Represented the contractor in negotiating a multi-million dollar construction contract for a portion of a pipeline project.

News & Events:

Recent Successes:

 
PRACTICE AREAS
Financial Services
Real Estate
 
BAR ADMISSIONS
Federal:
United States Supreme Court
Third Circuit Court of Appeals
U.S. District Court, Eastern District of Pennsylvania
State:  Pennsylvania (1982)
 
EDUCATION
Harvard Law School: J.D. 1982, Cum Laude
Yale University: B.A. (History) with honors, 1979, Magna Cum Laude
 
MEMBERSHIPS
Philadelphia Bar Association