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Brett Dockwell

Partner & Chair, Valuation Disputes
Brett Dockwell's headshot
Brett Dockwell Partner & Chair, Valuation Disputes

Brett is a Partner in the Firm’s Business Litigation Department and Chair of the Valuation Disputes Practice Group. He is a first-chair trial lawyer who has handled a broad range of business litigation and arbitration matters. His practice focuses on commercial disputes involving financial transactions and real estate, especially property-valuation disputes and rent-reset determinations, project finance, commercial lease disputes and commercial mortgage foreclosures.

Brett handles valuation matters involving all types of property, including condo and co-op apartment buildings, hotels, development sites, office buildings and retail space. Brett also represents investors, lenders and borrowers in financing disputes, including claims arising from debt and equity transactions. In his financial services work, Brett structures and implements creative work-out solutions for troubled loans. He has substantial experience handling general commercial disputes involving contracts, fraud and negligence claims, and antitrust matters.

Brett joined Morrison Cohen in 2010. He was previously an associate at Kaye Scholer LLP. Before his legal career, Brett held non-legal positions at the World Bank and Federal Reserve Board in Washington, D.C.

Experience

Valuation Matters

  • Represented property owner in 6-day trial over the valuation of retail building in the Bronx.
  • Represented property owner in 2-day valuation arbitration for exercise of purchase option on mixed-use building in Garment District.
  • Represented international retailer in 4-day rent-reset arbitration involving retail space in Herald Square.
  • Represented property owner in 2-day valuation arbitration for exercise of purchase option on mixed-use building in Flatiron District.
  • Represented international fast-food chain in 5-day rent-reset arbitration involving retail space in Times Square Bowtie.
  • Representing investor in litigation over faulty appraisal of proposed 12-million square foot mixed-use development in Philadelphia.
  • Represented board of non-profit corporation in 15-day trial involving the question of whether the non-profit received adequate value in the sale of a 16-unit apartment building in Prospect Heights, Brooklyn.
  • Represented fee owner in 22-day rent-reset arbitration involving commercial property at 57th Street and Lexington Avenue.
  • Represented fee owner in 5-day rent-reset arbitration involving commercial property at Broadway and 37th Street.
  • Represented co-op corporation in 3-day rent-reset arbitration involving residential apartment building at 57th Street and Second Avenue.
  • Represented co-op corporation in successful renegotiation of ground rent for residential apartment building at 72nd Street and Third Avenue.
  • Represented fee owner in successful renegotiation of ground rent for office building at Avenue of the Americas and 45th Street.
  • Represented co-op corporation in successful renegotiation of ground rent for residential apartment building at 63rd Street and Third Avenue.

Real Estate and Financing Matters

  • Represented lender on matured $50.5 million junior mezzanine loan. Developed a strategy for dealing with borrower and other lenders to maximize the client’s odds of recovery as the junior-most debt-holder.  Borrower paid off loan pursuant to terms of forbearance agreement, including payment of all legal fees.
  • Represented mezzanine lender in action to recover $100 million under guaranty triggered by bankruptcy of 75,000-key hotel chain.
  • Represented lender in foreclosure on partially finished hotel on Orchard Street on the Lower East Side in Manhattan.
  • Represented private-equity firm in suit to collect on mezzanine loan; borrower repaid debt in full, with default interest and fees, including all of lender’s legal fees.
  • Represented developer in lender liability suit arising from lender’s termination of funding on construction loan during 2009 financial crisis; litigation settled before trial with developer maintaining ownership of property.
  • Represented religious institution in long-running enforcement action by state agency involving remediation of cemetery property in Queens. Client obtained favorable disposition from agency’s assistant commissioner, setting aside years of prior adverse determinations by agency staff.
  • Represented landlord in dispute involving retail tenant’s assignment of long-term lease, triggering clause requiring payment to landlord; dispute was resolved with the renegotiation of lease on terms highly favorable to landlord.
  • Co-chaired 13-day trial involving dispute over title to 16-unit apartment building in Prospect Heights, Brooklyn.
  • Successfully argued appeal in real estate litigation before state appellate court, obtaining reversal of trial court order that had dismissed clients’ claims.

Antitrust Matters

  • Represented major French technology firm in merger review by DoJ of $180 million purchase of direct competitor in four-firm market.
  • Represented major pharmaceutical manufacturer in counter-suit against competitor alleging anticompetitive sales and marketing practices.
  • Defended major pharmaceutical firm against price-fixing conspiracy allegations.
     

Professional Activities

Counselors of Real Estate
Appraisal Institute – Affiliate

Brett Dockwell's headshot

Education

  • Georgetown University Law Center, J.D., (John M. Olin Research Fellow in Law & Economics; Staff Member, The Tax Lawyer)
  • London School of Economics and Political Science, UK, M.Sc.
  • Lafayette College, A.B., with Honors

Bar Admissions

  • New York
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York

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