Real Estate

 
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McEwen Gisvold LLP is recognized as a premier real estate firm in Oregon, having maintained one of the most extensive real estate legal practices in Oregon for more than 125 years.

Our representation extends to all aspects of real estate transactions in virtually every property type and to all levels of complexity.  

 


WE REGULARLY ASSIST CLIENTS WITH:

COMMERCIAL LENDING & REAL ESTATE FINANCING

  • Represent large regional and national lending institutions, including commercial banks, savings & loan associations, insurance companies, and mortgage bankers who finance a spectrum of real estate transactions
  • Assist in structuring and documentation of real estate transactions, including troubled loan work-out arrangements

ACQUISITIONS & SALES

  • Negotiate and close real estate acquisitions and sales involving commercial properties and business of all kinds, including office buildings, retail and apartment complexes, shopping centers, mixed-use facilities, hotels, nursing homes, timberland, storage and warehousing facilities, residential properties, and raw land
  • Prepare purchase agreements, conveyance documents, financing documents, escrow instructions, and more

REAL ESTATE DEVELOPMENT

  • Provide sophisticated legal advice in all types of real estate development, including shopping centers, industrial & residential developments, hotels, and downtown developments
  • Counsel in the creation of residential, commercial, and mixed-use condominiums and planned unit developments

LEASING & PROPERTY MANAGEMENT

  • Structure, negotiate, and document varying types of leases and occupancy-related agreements for landlords and tenants, including assignments, subleases, lien waivers, early occupancy agreements, and telecommunication license agreements
  • Provide counsel on ground leases, build-to-suit leases, office leases, shopping center leases, industrial leases, and subleases
  • Draft and negotiate property and asset management agreements
 

 

Litigation

 
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McEwen Gisvold attorneys routinely litigate cases in the state and federal courts of Oregon and Washington. We pride ourselves on having a practical orientation to dispute resolution. 

 

Litigation consumes both financial and human resources; resources better employed elsewhere. In most disputes, there is room for a negotiated resolution. At McEwen Gisvold, our lawyers will work with you to resolve your dispute in the most expeditious manner possible. However, when trial is inevitable, our litigation team will aggressively represent your interests.

We represent individuals and businesses in a wide variety of disputes, including contract and partnership disputes, defense of title to real property, foreclosure of secured interests, business torts, construction and contractor disputes, professional malpractice defense, and almost every kind of dispute that can arise in business. Our clients range from Fortune 500 companies to small businesses and the individual. We view ourselves as not just your lawyers, but as your teammates in resolving your dispute.

An integral part of any vibrant litigation practice is an active and experienced appellate practice. McEwen Gisvold began its appellate practice in 1889. With such a rich legacy, we have proficiently handled hundreds of appellate cases, in the Oregon Court of Appeals and Supreme Court, the Ninth Circuit Court of Appeals and the Ninth Circuit Bankruptcy Appellate Panel. 



WE REGULARLY REPRESENT INDIVIDUALS & BUSINESSES IN:

  • Contract and partnership disputes
  • Defense of title to real property
  • Foreclosure of secured interests
  • Business torts
  • Professional malpractice defense
  • Enforcement of intellectual property rights
 

 

Business Transactions

 
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McEwen Gisvold’s business department represents clients engaged in diverse industries, including insurance, printing, ranching, construction, manufacturing, lending, and real estate, as well as corporations, partnerships, limited liability companies, and nonprofit institutions and organizations.

 


WE REGULARLY ASSIST BUSINESSES IN:

  • Selling or purchasing stock or assets of various business entities
  • Preparing and reviewing contracts, including contracts for sale or purchase of real and personal property, employment agreements, license agreements, marketing agreements, leases, etc.
  • Issues affecting governance of the entities
  • Protecting business names and intellectual property, including federal trademark and service mark registration
  • Mortgage lending and borrowing, and issues connected with ownership of property, such as leases, easements, licenses, and covenants and conditions
  • Environmental regulatory compliance and remediation of environmental contamination
  • Administrative hearings before state agencies
  • Licensing issues
 

 

Estate Planning

 
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The attorneys at McEwen Gisvold have a well-established and active estate planning practice.

Our strategic counseling helps clients minimize estate taxes and maximize control and flexibility of assets during their lifetime and during the disposition of the estate.


 

CONTACT: Don Carter or Alan Laster

 

 

OUR SERVICES INCLUDE ASSISTING CLIENTS IN ESTABLISHING:

  • Family programs for annual giving
  • Revocable or living trusts, including pour-over wills and credit shelter trust provisions
  • Irrevocable life insurance trusts (ILITs), for clients to receive and administer life insurance proceeds
  • Grantor retained interest trusts (GRITs), grantor retained annuity trusts (GRATs) and grantor retained unitrusts (GRUTs), to transfer property from one generation to the next, while allowing grantors to receive income from the assets during their lifetime
  • Qualified personal residence trusts (QPRTs), to transfer residences to the next generation, while allowing grantors to continue living in their current residence
  • Education trusts, to allow for lifetime and testamentary dispositions towards children’s and grandchildren’s education expenses
  • Charitable remainder unitrusts (CRUTs), charitable remainder annuity trusts (CRATs), and charitable lead trusts (CLUTs/CLATs), to transfer property or income interests to qualified charities while retaining certain rights in the gifted property
  • Family limited partnerships and limited liability companies, as a way to isolate potential liability with respect to certain assets, make dispositions of fractional interests in such assets to a younger generation, allow continued management control of the assets during the client’s lifetime, and provide for continued family ownership and management of the assets
  • Tax-exempt charitable family foundations, to make lifetime and testamentary deductible charitable bequests and establish a charitable family legacy that can be managed by future generations

WE ALSO SERVE INDIVIDUALS & FAMILIES IN THE PREPARATION & HANDLING OF:

  • Long-term financial security and healthcare needs
  • Simple and complex wills, including guardianships and trust provisions, generation-skipping transfers, and charitable gifts
  • Durable powers of attorney and healthcare advance directives
 
 

 
 

Taxation

 
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The attorneys at McEwen Gisvold work closely with our clients’ non-tax counsel and/or their accountants to efficiently resolve problems and identify issues.

We also consult with our clients, and provide assistance with business planning on a wide variety of issues, including estate planning, employee retirement plans, and corporate matters.

 

CONTACT: Alan Laster


WE REGULARLY ADVISE INDIVIDUALS & BUSINESSES REGARDING:

  • Significant business transactions, with respect to the tax implications of such transactions
  • Ownership structure of businesses and the minimization of tax liability
  • Contract preparation, such as buy-sell and employment agreements (which have a significant effect on tax consequences)
  • Comprehensive shareholder agreements that provide for the buy-out of one or more shareholders, taking into account the tax consequences of such buy-outs