Real Estate Strategies for Associations & Law Firms

Mark Lewis is a member of Bracewell's energy practice, where he focuses on oil and gas pipeline and related midstream and regulatory matters. He is Managing Partner of the firm’s Washington, D.C. office. His clients include oil and gas pipeline developers, owners, operators and investors; oil and gas producers and marketers; gas distributors; and large industrial energy consumers. Mark handles U.S. and global oil and gas pipeline development projects with respect to project structuring, contracting and governmental approvals. He represents regulated pipelines, pipeline ownership interests regarding pipeline management issues, clients in transactions involving the acquisition of pipeline companies and pipeline assets, and shippers contracting with pipelines. In his practice, Mark provides legal counsel in contract negotiations involving operating, transportation, and gas purchase and sale agreements, and advises clients regarding regulatory aspects of contract, tariff, rate and compliance matters before the Federal Energy Regulatory Commission (FERC) and various state regulatory agencies. Mark is nationally ranked by Legalease Ltd., Legal 500 USA Energy: Regulatory, 2015. According to 2015 edition of Legal 500, Washington D.C.-based Kirk Morgan and managing partner Mark Lewis ‘stand out in a class by themselves, and their ability to translate regulatory issues into creative commercial solutions is unbeatable.’

David Bevirt is Senior Vice President of Leasing for Brookfield’s Washington, DC region where he is responsible for all leasing efforts of the portfolio’s 29 properties in Washington, DC, Maryland and Virginia totaling 6.2 million square feet. Education: Purdue University BA, Landscape Architecture ‘83 , MS, Urban Planning ‘85

Malcolm Marshall, III is an Executive Director and is on the executive committee for C&W’s Legal Sector Advisory Group. In addition, he is on the executive leadership council for C&W’s Tenant Advisory Group. Combining his expert Washington market knowledge and law firm specialization, he assists client in selecting optimal real estate strategies. He advises clients in assessing their real estate options beyond first glance and demonstrates how operational, financial and business objectives fit into a comprehensive real estate strategy. Through due diligence, strategic analytics and fact-based recommendations, Malcolm’s process oriented approach has streamlined the decision-making process and overall level of accountability for the decision makers of each organization. In his 17-year career, Mr. Marshall has been involved in more than 10 million square feet of office lease transactions in representing only the interests of law firms, corporations and financial institutions. Mr. Marshall is the single point of contact for the national accounts for ManTech International, BroadSoft, Inc., and Hanley-Wood, Inc. Mr. Marshall recently negotiated two of the largest law firm renewal transactions in Washington, DC for McKenna, Long & Aldridge (185,000 sf) and Kelley, Drye & Warren (107,000 sf). A native of Washington, DC, Mr. Marshall graduated from Denison University where he earned a Bachelor of Science degree in economics. He is on the Board for The First Tee of Washington, DC and on The Hall of Fame Dinner Committee for Junior Achievement.

Tom Ikeler joined PN Hoffman in 2014, bringing more than 30 years of experience in establishing, growing and managing entrepreneurial divisions within institutional frameworks. His primary responsibilities include identifying and executing new strategic initiatives to expand the company’s platform, with overall responsibility for capital markets and project finance. Prior to joining PN Hoffman, Ikeler worked with several premier U.S. and international real estate companies, including public and private operating companies, private equity firms, and global services providers. Ikeler serves on the Board of Directors, Audit and Conflicts Committees of the Resource Real Estate Opportunity REIT II, a publicly registered non-traded REIT with a $550 million equity capitalization. Ikeler earned a master’s degree in Business Administration from Harvard University and bachelor’s degrees in Economics and Geography from Bucknell University.

Brian Schwalb, Partner in Charge of the Washington, DC office, is a trial lawyer and civil litigator who helps clients address a broad range of challenging issues that confront businesses, organizations and their stakeholders. Mr. Schwalb represents clients across a broad spectrum of issues, ranging from real estate, commercial and contract litigation, to corporate and partnership ownership, governance and management disputes, business tort cases, partnership and limited liability company disputes, employment and compensation disputes, estate and trust contests, and tax controversies. Mr. Schwalb's trial work and advocacy skills have been recognized by prestigious organizations and publications. He is a Fellow of the American College of Trial Lawyers, whose membership is limited to the top one percent of trial lawyers in each U.S. jurisdiction. Since 2010, Mr. Schwalb has been listed in Best Lawyers in Washington, DC for Commercial Litigation and Bet The Company Litigation, and he was also selected to appear in District of Columbia Super Lawyers. Mr. Schwalb has received Martindale Hubbell’s AV Preeminent rating. While he has been recognized as one of the nation's top trial lawyers, Mr. Schwalb's practice extends far beyond the courtroom, with a focus on providing advice that allows his clients to avoid, respond to and/or resolve issues sensibly and efficiently. In all cases, he applies sound business judgment and a collaborative approach to develop practical and cost-effective solutions to his clients' most difficult challenges. After a two-year judicial clerkship with the late Hon. John R. Hargrove, Sr. in the U.S. District Court for the District of Maryland, Mr. Schwalb served as a trial attorney for the U.S. Department of Justice, Tax Division, prosecuting and defending civil tax matters on behalf of the United States in courts throughout the Southeast. REPRESENTATIVE CLIENTS Mr. Schwalb’s clients include businesses (corporations, partnerships, limited liability companies) and individual entrepreneurs in many commercial areas including real estate, energy, importing, wholesaling and retailing, as well as nonprofits and institutions of higher and graduate learning. SIGNIFICANT MATTERS Mr. Schwalb has successfully tried cases (both jury and bench trials) and has been involved in complex litigation matters in state and federal trial and appellate courts, as well as in arbitration and mediation, throughout the country, with extensive experience in the state and federal courts of the District of Columbia, Maryland and Virginia. Mr. Schwalb’s recent trials include: Real Estate Litigation Successful representation of real estate owner and developer in dispute over ownership and development rights for a valuable parcel of real estate located in down town Bethesda, Maryland. Two investors brought an action against developer alleging breach of fiduciary duty and contract, seeking to dissolve the LLC, seeking several million dollars in damages, and seeking to deprive developer of its right of first refusal. After a five day arbitration trial, an Arbitral Award was entered in favor of owner/developer on all claims, including upholding developer’s exercise of its right of first refusal and acquisition of the Bethesda property despite the Claimants’ contentions that developer had purchased the property for $3 million less than fair market value. Successful representation of a real estate development company in the Circuit Court for Montgomery County, Maryland in a case involving breaches of ground leases entitling developer to build, lease and sell luxury apartment buildings in Bethesda, Maryland, resulting in a $36.4 million jury verdict in favor of developer (reported to be the largest single verdict in the State of Maryland in 2010), as well as court orders requiring defendants to pay Mr. Schwalb’s client’s legal fees, in excess of $5.4 million, as prevailing party. Successful representation of general partners in the Circuit Court for Montgomery County, Maryland in a case involving limited partner’s claims of breach of fiduciary duty and improper squeeze-out, resulting in jury verdict rejecting limited partner’s claim to damages and attempt to dissolve limited partnership, and a jury verdict finding that limited partner had breached its agreement and was liable to general partners for more than $3.1 million in legal fees and costs. Tax Controversy Litigation Successful representation in U.S. Tax Court of taxpayer accused by IRS of having entered into an “excess benefit” transaction with non-profit tax exempt organization. After developing a thorough factual record and expert testimony demonstrating that the transaction between the taxpayer and the tax exempt organization provided a substantial benefit to the non-profit entity and thus, did not constitute an “excess benefit” transaction, the IRS conceded the case, acknowledging that taxpayer owed no additional tax. Trust and Estate Litigation Successful representation in the Circuit Court for Dade County, Florida of Personal Representative of an estate valued in excess of $35 million against alleged beneficiary’s attempt to set aside the decedent’s testamentary documents on grounds of undue influence and lack of testamentary capacity. General Litigation Successful representation in the Circuit Court for Fairfax County, Virginia of homeowner in a nuisance and negligence suit brought by adjacent neighbor suing for more than $20 million in actual and punitive damages for alleged property damage caused by flooding, resulting in jury verdict for defendant landowner and rejection of all adjacent neighbor’s claims. Successful representation in the U.S. District Court for the District of Columbia of a local university and its law school against sexual harassment, Title VII retaliation and breach of contract claims filed by a former visiting professor, resulting in jury verdict for defendant university on all claims. Successful representation in the Superior Court for the District of Columbia of a local university and its medical school against claims of national origin discrimination, Title VII retaliation and breach of contract filed by medical resident dismissed from residency program, resulting in jury verdict for defendant university on all claims. ACTIVITIES Mr. Schwalb is active in the District of Columbia Bar Association, having served on the Litigation Section's and Courts, Lawyers and Administration of Justice Section's Steering Committees. He is a member of the American Bar Association and its Litigation Section. Mr. Schwalb is on the Board of Directors and Executive Committee of the Council for Court Excellence, and a member of the Lawyer’s Club of Washington. Mr. Schwalb also is an instructor and Program Director for the National Institute for Trial Advocacy, an instructor in the ABA’s Litigation Institute for Trial Training and the Maryland Judicial Institute.

Steve is the Managing Partner at OPX, a design consultancy focused on providing operational results for its clients. OPX creates integrated operational environments for improved business performance. Steve leads the strategic direction of the business. A recognized thought-leader, speaker, panelist and educator, he has pioneered a new way of looking at organizations, productivity and sustainability. Steve has infused the practice of design with his visionary thinking on improving business performance through the integration of people, tools, and place with business operations and strategy. Clients who have benefited from Steve’s expertise and guidance include Hogan Lovells, Hilton Worldwide, BAE Systems, ABC News, Womble Carlyle , the City of Turku (Finland), and the National Science Foundation, among others. Steve is active in a variety of community and professional groups including the Economic Club of Washington, Vistage, Association for Corporate Growth, and World Futures Society. He also sits on the corporate/advisory boards of the Conscious Venture Lab, Global Impact, Daedalus Systems, Inc., FoundersCorp, and Jam Skateboards, Inc. EDUCATION Master of Architecture Virginia Polytechnic Institute State University, 1984 Bachelor of Arts Political Science - Russian Studies, Virginia Commonwealth University, 1976 Intensive Russian Language University of Toronto, 1975 LICENSES / REGISTRATIONS Registration: NCARB District of Columbia, Virginia, Maryland, New Jersey, Texas, Georgia, New Mexico, Kansas, West Virginia, Minnesota, Illinois, Michigan, Colorado, Ohio, New York, Alabama, Pennsylvania, Tennessee, Connecticut, Massachusetts, Florida, North Carolina, Delaware, Vermont AFFILIATIONS: Economic Club of Washington; World Futures Society; American Society for Quality; NCARB; Association for Corporate Growth; Vistage Speakers Bureau; CORPORATE / NONPROFIT BOARDS: Daedalus Systems, Inc.; Jam Longboards, Inc.; Global Impact; FoundersCorp; Conscious Venture Lab;

Mr. Dooley originally joined Tishman Speyer in 2001 to lead its regional leasing efforts in the DC Metro area. Since rejoining in 2019, he has been responsible for leading leasing and asset strategy for our DC Metro portfolio and our expansion markets in the Southeast: Atlanta, Charlotte, Raleigh-Durham and Nashville. Prior to rejoining Tishman Speyer, Mr. Dooley was the Chief Operating Officer with Carr Properties where he ran their Leasing, Marketing, Property Management, Asset Management and Construction Management groups. With over 35 years of experience in real estate, Mr. Dooley has also held roles with Trammell Crow, JMB Realty Corporation, LaSalle Partners/JLL and Savills.  Mr. Dooley currently serves on the board of CREBA, the regional association for commercial real estate brokers.  He is also active on the programs committee with CoreNet. Previously, he served on the board of Jubilee Support Alliance, an affordable housing non-profit located in the Adams Morgan neighborhood of Washington, DC.  He also serves as a mentor for the Rubenstein Scholars Program, an affiliate of the Economic Club of Washington, DC and CREBA.  He graduated from Southern Methodist University with a BBA in Finance.  He holds broker’s licenses in DC, MD and VA.

Joy Whitlow joined the National Association of Broadcasters in July 2009 as vice president and controller. She has served as chief financial officer and executive vice president of Finance since 2011. In this role, Joy works closely with the NAB executive, audit and investment committees and also serves as treasurer for the NAB Education Foundation. Joy oversees the daily operations of the Finance, Membership, Human Resources, Information Technology and Facilities Administration departments. In addition, she works closely with the Conventions and Business Operations department to manage the NAB Show and to develop new business opportunities. Joy is also responsible for managing the construction of NAB's new headquarters building. Prior to joining NAB, Joy spent seven years at WETA, Washington D.C.'s public television and radio station. She began her career at WETA as budget manager, was later promoted to assistant controller and ultimately to controller in 2006. Joy also spent two years as a business manager for WGBH in Boston, the largest public broadcasting station in the country. Joy obtained an accounting certificate from the University of Virginia. She also holds a master's degree from The Johns Hopkins University School of Advanced International Studies and received her undergraduate degree from Brown University. Joy is a licensed certified public accountant (CPA) in the state of Virginia and is a member of the American Institute of CPAs and the Greater Washington Society of CPAs. Joy resides with her husband and two youngest children in Alexandria, Va.

With over 30 years of construction experience, Joe has spent the past 17 years focused on high-end law firm and interior renovations in the Washington Metropolitan Area. As Vice President of Interior Construction with Harvey-Cleary Builders, Joe provides executive oversight to the firm’s Mid-Atlantic interior operations and strategic leadership for its overall growth and expansion. Joe has been an active member of the Washington Business Congress (WBC), National Association of Industrial and Office Properties (NAIOP), Associated Builders and Contractors (ABC), Association of Law Firm Administrators (ALA), and in the past, has served as an executive board member for the Law Firm Vendors Association (LFVA). A native of New York, he currently lives in Purcellville with his wife Virginia and their three children, Cassandra, Cabrina, and Joseph. Joe is very involved in his local community as a Board of Director for the Greater DC Chapter of Kids Enjoy Exercise Now (KEEN), a current football coach, and a former high school football and wrestling coach for Loudoun Valley.

Marnique joined STUDIOS Architecture’s Washington, DC office in 1998. As Principal she oversees an innovative design practice with a diverse client base, including District and Federal government, law practices and financial firms, foreign entities, educational and non-profit institutions, and a myriad of corporations. Marnique is highly valued for her efforts to promote the firm’s involvement in sustainable design and for her leadership on complex projects that integrate sustainability across a wide range of design platforms including planning and studies, new buildings and workplace interiors. She has led the design of living buildings, carbon-neutral retrofits, and LEED certified projects of all levels. Significantly, Marnique helped develop the Anacostia Waterfront Corporation’s sustainable design guidelines, and managed the design of several of STUDIOS award-winning projects including the net-zero energy Kingman Island Environmental Education Center and the Washington Canal Park, which achieved LEED platinum certification. Marnique’s passion for sustainable design is apparent in her efforts to create active and healthy corporate workplace environments. Most recently she led the design of the interiors of the new headquarters for The Association of American Medical Colleges, a non-profit organization that represents medical schools, teaching hospitals, and academic and scientic societies, and also administers the MCAT exam. The new 250,000 SF build-to-suit headquarters was designed to create a dynamic experience that enables a new collaborative model of working; one that promotes health by encouraging staff to move throughout the building, and facilitates interaction between AAMC staff and AAMC’s constituency. She recently lef the design of the new headquarters for Urban Land Institute, the design of which has helped transform the operations of ULI by facilitating connections between staff and members; encouraging activity, mobility and transparency; and providing a flexible and adaptable platform for change over time.

Richard Newman represents clients in the areas of real estate and finance, with special emphasis on municipal finance, project finance and the representation of nonprofit organizations.