LAW OFFICE OF TIMOTHY J. HUGHES

Recent Real Estate Matters

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During the past ten years, Tim Hughes has provided legal counsel in structuring, negotiating and closing the acquisition, financing and disposition of multi-tenant office buildings, shopping centers and apartment complexes involving an aggregate transactional value of hundreds of millions of dollars.  Tim has provided legal support for the leasing of the acquired projects. 

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In 2016, Tim Hughes represented a minority equity investor in the restructuring of a nearly $1.5 billion total equity investment in an iconic Manhattan mixed use retail-office-condominium project. Between 2016 and 2022, Tim represented the majority equity investor in the acquisition of an $80 million office tower in Florida and subsequent sale of the project for $91.5 million.

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Since 2019, Tim has continuously represented a real estate investment company specializing in multi-family residential properties with a current emphasis in affordable housing and a nationally diversified real estate portfolio comprising of 10,000 rental units in over 150 apartment buildings through numerous transactions including acquisition or restructuring of ownership interests and refinancing of affordable housing projects. 

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Notable Recent Litigation and Arbitration Matters

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Commencing in 2021 and culminating in the buy-out payment of $55,000,000 for his limited partner client, Tim Hughes served as strategic counsel in the prosecution of an action venued in New York against the general partner in a partnership owning a large Manhattan real estate project.

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Since 2013 and continuing through the present, Tim Hughes has acted as strategic U.S. counsel, lead trial counsel and/or lead appellate counsel in several complex litigation matters venued in California, Florida and New York for Australian based companies. These matters included in real estate disputes, construction disputes, partnership disputes, commercial disputes and employment issues.

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In 2016, Tim successfully defended contract and tort based wrongful termination and partnership claims in a New York arbitration matter in which the claimant sought over $5.6 million.

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In 2015 and 2016, Tim Hughes acted as lead counsel in related California state and federal court actions which resulted in his clients consolidating intellectual property rights valued at more than $100 million for the worldwide commercial, literary, film and television exploitation of the iconic Rin Tin Tin character.

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Between 2008 and 2013, Tim Hughes acted as the lead counsel in defense of the so-called developer parties in numerous actions and claims resulting from the failure of the Trump Ocean Resort Baja Project.  Plaintiffs/buyers of condominium units at the never-built project asserted state and federal statutory and common law fraud claims against Tim’s clients.  In total, 234 plaintiffs prosecuted 15 different lawsuits, claims or arbitration proceedings seeking return of nearly $26 million in deposits plus attorneys’ fees, interest and punitive damages.  A large number of the cases were coordinated and venued in the Los Angeles Superior Court’s complex litigation division.  All were settled on terms highly favorable to the firm’s clients.

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Between 2008 and 2012, Mr. Hughes supported Columbia Helicopters, Inc. with strategic oversight of the defense of Columbia in the Multidistrict Litigation “In re Helicopter Crash Near Weaverville, California 8/5/08” before the United States District Court for the District of Oregon.  The helicopter accident resulted in the deaths of 9 persons and injuries to 4 survivors.  Mr. Hughes has also served as lead counsel for Columbia in prosecuting related indemnity and defense contractual actions and coverage disputes which resulted in recovery of $3,000,000 in defense costs incurred by Columbia in the underlying accident cases. 

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Notable Past Litigation and Real Estate Matters

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Dating back to the late 1990’s, some of Mr. Hughes’ more notable achievements include:

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• Settling a construction dispute involving a high-value Southern California residence. Tim's high-profile clients owned the property. Prior to trial, the plaintiff contractor demanded $5,000,000 under various contract and tort theories from the firm’s clients.  Although settlement terms remain confidential, the resolution created a net result in the low five figures more favorable to Tim's clients on their cross-action than the out-of-pocket amounts paid to the contractor. Of note are the facts that Mr. Hughes substituted in defense of the property owners just five weeks before trial and the settlement was achieved on the second day set for jury selection as the trial was continuing from day to day.   (2013, California.)

 

• Settling fraud and breach of fiduciary duty claims that were asserted against Tim's clients by a plaintiff claiming to be a partner in several real estate projects successfully developed by his clients.  The plaintiff claimed entitlement to profits shares aggregating more than $6 million and punitive damages and attorneys’ fees.  The dispute was settled for $2.4 million, of which $1.5 million was paid by Tim's clients over a seven years with a very low interest burden.  (2010, California).

 

• Obtaining a pre-trial, client favorable resolution of a partnership, fraud, and breach of fiduciary duty action that involved claims and cross-claims of 16 parties plaintiff and defendant, multiple real estate ventures, and properties valued at nearly $400 million dollars, following two years of litigation.  The resolution entitled Tim's client to receive more than $8.8 million and absolved his client from all liability for all claims by all other parties.  Attorneys’ fees incurred by the primary adverse party exceeded $2,000,000 in contrast to the $536,000 in fees charged to Tim's client.  (2008, California). 

 

• Achieving a mediated, pre-litigation settlement of an $80,000,000 wrongful termination claim against Tim’s clients in consideration for a payment of $423,000.  (2007, California).

 

• Achieving a defense favorable settlement in a lawsuit brought by a multi-billion dollar investment firm against Tim's clients.  The action involved a complex partnership/real estate transaction for the development of a large scale hotel-condominium project located out-of-state.  The plaintiff investment firm claimed that it was a joint venture partner with Mr. Hughes' clients in ownership of the project and it was excluded from profits derived from the project’s acquisition, development and re-sale by Tim's clients.  At trial, the plaintiff argued entitlement to more than $59,000,000 in compensatory damages plus punitive damages.  After 7 weeks in trial and to avoid continuing defense costs, Tim's clients agreed to pay much less than $1,000,000 (net present value) to compromise the lawsuit.  Interestingly, the adverse party/plaintiff’s legal fees and costs reportedly exceeded 6 times the value of the settlement paid by his clients and were also more than 4 times the legal fees and costs charged to Tim's clients.  Defense of the action was led by Mr. Hughes against one of the nation’s then premier and larger litigation firms.  (2006, California).

 

• Achieving defense favorable mediated settlement in class action wage & hour dispute in which Mr. Hughes' client paid less than $500,000 in compromise of more than $2.9 million in alleged damages. (2005, California).

 

• Structuring two private and strategic real estate equity investment alliances with committed investment capital of $32 million and $100 million respectively, creating the governing structures and agreements for the special purpose entities used as the investment/title holding subsidiaries and providing legal services needed for acquisition, management, operation and disposition the funds’ controlled real estate assets.  (2004 through 2006).

 

• Damage control and defense of $29,000,000 claim, resulting in reduced verdict of $16,640,000 against Mr. Hughes' client in international contract dispute between two airlines. (2003, U.S.D.C - Ore).

 

• Successful defense and obtaining judgment denying entirety of $47,000,000 claim in federal court action involving acquisition of major Korean telecommunications company. (2002, U.S.D.C - N.D. Cal.).

 

• Obtaining $38,300,000 plaintiff’s verdict for compensatory and punitive damages in a partnership, fraud, and breach of fiduciary duty action, following a 2 and ½ month jury trial.  Subsequent trial of equitable claims resulted in the imposition of constructive trust over more than $1 billion of real estate assets and the imposition of monthly accounting duties upon the defendants.  (2001, 9th largest verdict in California that year).

 

• Achieving a plaintiffs' settlement in the amount of $14,000,000 following the three month jury trial of products liability action that was tried with Mr. Hughes’ then partner Paul Fine. The case involved wrongful death claims for the families of three decedents and catastrophic injuries to survivors.   At the close of the liability phase of the trial, plaintiffs received a unanimous verdict in their favor on all questions presented to the jury.  Throughout trial, Mr. Hughes argued all significant legal and evidentiary issues,  During the nearly month long damage phase of the trial, Tim took the laboring oar in examining the percipient, party and expert witnesses.  Settlement in favor of our plaintiff/clients was achieved just prior to the scheduled closing arguments for the damage phase.  (1999, California).

 

• Achieving settlement of U.S. Justice Department claims and monetary claims of more than 300 persons which involved alleged fraud in foreign currency option trading practice by the firm’s clients.  The primary action was filed in the U.S. District Court for the Northern District of Ohio, with ancillary civil proceedings, an asset seizure action and criminal actions in California, Idaho, Texas and Ohio.  Mr. Hughes became lead counsel, coordinating the efforts of five law firms and acting as the principal negotiator for the defendants of a global settlement which required the approval of every U.S. Attorney’s office in the United States. (1998, Ohio).

 

• Obtaining a defense verdict (following a 5 week jury trial that was tried with Mr. Hughes' then partner Paul Fine) in a landslide case where three groups of plaintiffs sought more than $4,000,000 in damages.  This case involved complex geotechnical issues complicated by an extensive Coastal Commission regulatory scheme.  (1998, California).