Description:

Basic Function: This positions serves as a key advisor to provide legal review, analysis, and support to CASTO's property management, construction, accounting, leasing, and lease administration teams with respect to a variety of legal matters, but primarily focused on Landlord-Tenant disputes with respect to retail leases. Primary responsibilities will include overseeing and/or providing support in connection with resolving tenant disputes (including common area maintenance disputes and other audits); commercial tenant bankruptcies; commercial and residential FE&D actions (i.e. evictions), and collections; construction contracts and operations; and lease interpretation and analysis.

Major Duties and Responsibilities:

Manage common area maintenance and other commercial tenant audits and disputes:

Review leases and other contracts to determine legal rights and responsibilities of parties, and draft internal memorandum thereon providing guidance and strategic direction;
Review and research internal billing and accounting methodology, lease interpretation, communications, and prior disputes, both to manage existing disputes and to ensure contractual documents match operational realities to avoid future disputes;
Work with multiple internal stakeholders to determine and coordinate appropriate resolution of audits and disputes, including authoring persuasive correspondence articulating Casto's positions, negotiating settlements directly with counterparties, and overseeing outside counsel in litigation with respect to same

Assist a variety of internal teams with interpretation and application of commercial lease and other contractual provisions
Provide legal compliance support, advice, and direction to internal collections group (e.g., Fair Debt Collection Practices Act, state consumer sales practices acts) as well as practical business guidance
Advise property management group on legal requirements and practical advice related to maintenance responsibilities, Forcible Entry and Detainer actions (“FE&D”) including posting of 3 day notices, unauthorized tenant move-outs, abandoned property, and other related tenancy and FE&D issues
Mange and serve as internal liaison to outside bankruptcy and litigation counsel to with respect to commercial FE&Ds, breach of contract cases, and mechanic's liens litigations, and others; advise and prepare internal personnel and attend related depositions, hearings, and conferences as needed
Monitor commercial tenant bankruptcies, advise and update asset management and property management groups regarding effects and status of same; Prepare proofs of claims and other bankruptcy filings in certain situations as needed as required to protect CASTO's interests
Regularly communicate with key internal divisions (including Collections, Accounting, Asset Management, and Property Management) regarding ongoing suits, bankruptcies, audits, and other legal matters; provide strategic advice to internal personnel to enable effective and business-informed administration of such matters.
Review and revise vendor contracts for various internal divisions, and handle a wide variety of transactional matters as assigned.
Research and summarize recorded encumbrances and lease restrictions;
Identify Legal and Casto operational areas for improvement and plans to address same, including researching available software solutions and otherwise.
Perform other job-related duties as required

Skills:

Must be a graduate of an accredited law school and admitted to practice in the State of Ohio
5-7 years of commercial real estate experience, with strong retail leasing background preferred
Must be proficient in drafting, reviewing, editing, and/or interpreting commercial leases (NNN leases, ground leases, residential leases), recorded encumbrances, and other contracts
Experience managing outside counsel with respect to bankruptcies, litigation, and FE&D's for commercial a landlords or tenants strongly preferred. Actual litigation experience is useful but not required.
Must have some familiarity with and knowledge of commercial bankruptcies, and collections law
Background in dispute resolution is useful;
Must have strong communication and writing skills; ability to work with, coordinate, and convey legal concepts and information to a wide audience of CASTO associates working in a variety of internal divisions
Strong leadership skills, ability to exercise independent judgment and executive functioning when necessary, and strong team building skills
Friendly and collaborative, but confident, demeanor.
Well organized
Proficiency with Microsoft office required; Proficiency with sharepoint, SalesForce, MRI, and other real estate and legal software preferred.