Brian S. Lichter
  1. Partner

Mr. Lichter is a partner in Davis Polk’s Real Estate Group. His practice includes the representation of owners, developers, funds, real estate investment trusts (REITs) and other financial institutions in a broad range of commercial real estate transactions, concentrating in the acquisition, development and disposition of office, hotel, retail and multifamily properties, joint ventures, commercial mortgage, mezzanine and construction financings, preferred equity investments and debt restructurings.

Work Highlights

  • Related Companies in its joint venture with Atria Real Property Investors, LLC to acquire, develop, redevelop, operate and manage luxury senior assisted living, memory care, enhanced care and elderly independent living projects in major gateway cities worldwide
  • RXR Realty and SL Green Realty Corp. in their acquisition of a 48.7% interest in One Worldwide Plaza in New York City from an affiliate of New York REIT, Inc. for an agreed-to value of the property of $1.725 billion, together with the related joint venture arrangement with NYRT and, in connection therewith, its joint venture arrangement with SL Green Realty Corp. and the refinancing of the property with $1.2 billion in mortgage and mezzanine loan CMBS financing provided by Goldman Sachs Mortgage Company
  • Andra AP-fonden (AP2) in its acquisition of an interest in a multi-party joint venture managed by Tishman Speyer to develop “The Spiral,” a 65-story trophy office tower to be constructed in the Hudson Yards district of Manhattan. Once completed, The Spiral will occupy an entire city block between 34th and 35th Streets and will contain 2.85 million square feet of space, of which 28% will be occupied by Pfizer Inc. The construction and development of The Spiral is being funded with $1.9 billion in equity from AP2, Bouwinvest and more than a dozen other institutional, pension fund and individual investors
  • Bouwinvest in (i) its acquisition of an interest in a multi-party joint venture managed by Tishman Speyer to develop “The Spiral,” and (ii) its formation of a joint venture with affiliates of MacFarlane Partners Investment Management and the acquisition by the joint venture of (a) a non-controlling interest in “The Level”, a 540 unit rental apartment building located in Williamsburg, Brooklyn and (b) Park Fifth High-Rise, a 347 unit rental apartment building under development in Los Angeles, California
  • Related Companies and Oxford Properties Group in their $1.5 billion construction financing from a bank syndicate led by Deutsche Bank AG, New York Branch for the development of the one million square foot destination retail project, The Shops & Restaurants at Hudson Yards, to be anchored by a flagship Neiman Marcus store, the first in New York City.  The Shops & Restaurants at Hudson Yards is the centerpiece of the Hudson Yards development, the largest private real estate development in the history of the United States. The 28-acre site will include 17 million square feet of commercial and residential space, more than 100 shops and restaurants, approximately 5,000 residences, 14-acres of public open space, a new 750-seat public school and a 200-room Equinox-branded luxury hotel
  • RXR Realty in various transactions, including its:
    • joint venture arrangement with SL Green Realty Corp. to acquire a 48.7% interest in One Worldwide Plaza in New York City from an affiliate of New York REIT, Inc. for an agreed-to value of the property of $1.725 billion
    • acquisition of a 49% controlling interest of the leasehold estate in 5 Times Square in New York City from David Werner and partners, its related joint venture arrangement in connection therewith and the venture’s $1.36 billion mortgage and mezzanine refinancing of the building
    • $245 million construction financing of the development of Garvies Point in Glen Cove, New York, consisting of approximately 167 condominium units, 385 rental apartments, 3,055 square feet of retail space and 953 parking spaces
    • $133 million refinancing of a portfolio of 22 office buildings located in Woodbury, Long Island, with its existing lender, Starwood Capital Group and related sale of a 49% non-controlling interest in the portfolio
    • $78.5 million construction financing provided by Bank of the Ozarks—the proceeds will be used to finance the construction of a 28-story, 280-unit multifamily rental project in New Rochelle, New York, totaling approximately 391,500 square feet with ground floor retail space, arts and cultural space and state-of-the-art amenities
    • $157 million mortgage and mezzanine construction financing of The Ritz-Carlton Residences, Long Island, North Hills
    • preferred equity investment in 80 Broad Street in New York City and its related joint venture arrangement with NorthStar Realty Income Trust, Inc.
    • $134.6 million mezzanine loan to an entity controlled by David Werner and partners with respect to 5 Times Square in New York City
  • SL Green Realty Corp. in various transactions, including its
    • $97 million sale of 680, 750 and 734 Washington Boulevard, an approximately 325,000 square foot office building at the Stamford Towers complex in downtown Stamford, Connecticut by a joint venture between affiliates of SL Green Realty Corp. and Teachers Insurance and Annuity Association to an affiliate of CBRE Global Investors
    • $250 million refinancing of the Olivia at 315 West 33rd Street in New York City from Rothesay Life Plc
    • sales of 248-252 Bedford Avenue in the Williamsburg neighborhood of Brooklyn, NY, 140 and 150 Grand Street in White Plains, NY and 7 Renaissance Square at The Ritz-Carlton complex in downtown White Plains, NY
    • acquisition of 102 Greene Street in the SoHo neighborhood of New York City
  • Related Companies and Vornado Realty Trust in their $625 million mortgage and mezzanine CMBS refinancing of 85 Tenth Avenue in New York City from Deutsche Bank AG, New York Branch and Wells Fargo Bank, National Association
  • The Moinian Group in various transactions, including its $100 million CMBS refinancing of 60 Madison Avenue in New York City from Deutsche Bank AG, New York Branch
  • Moinian Limited, a British Virgin Islands company wholly owned by Joseph Moinian, founder and CEO of The Moinian Group, in its NIS1.4 billion ($361 million) bond issuance on the Tel Aviv Stock Exchange, the largest such offering to date by a U.S. real estate investor
  • Slate Property Group in various transactions, including, as administrative member of its joint venture with GreenOak Real Estate, in the venture’s acquisition and construction financing from the Blackstone Group L.P. for the purchase of River Tower at 420 East 54th Street, a luxury residential building in the Sutton Place neighborhood of New York City and as administrative member of its joint venture with Meadow Partners, in the modification of its joint venture agreement with Meadow Partners and in the venture’s acquisition and construction financing from Wells Fargo Bank, National Association and its mezzanine financing from Winter Properties for the ground-up development of One Flatbush, a mixed-use project in Downtown Brooklyn

Recognition

Mr. Lichter is recognized as a leading real estate lawyer in various industry publications:

  • Law360:
    • "MVP," 2016
    • "Rising Star," 2012
  • Chambers USA – Real Estate: New York, 2018-2019
  • Legal 500 U.S.
Awards
  • In 2017, Mr. Lichter was awarded UJA-Federation of New York’s Larry A. Silverstein REX Award.

Of Note

Memberships
  • Member, Board of Directors, Habitat for Humanity New York City
  • Member, Board of Directors, UJA-Federation of New York
  • Member, UJA-Federation of New York’s Real Estate Council
  • Past Chair, UJA-Federation of New York’s Young Real Estate Executives (REX) Steering Committee
  • Chair, UJA-Federation of New York's Loan Fund Subcommittee
  • Next Generation Trustee, Washington Institute for Near East Policy
  • Member, Real Estate Board of New York

Professional History

  • Partner, Davis Polk, 2013-present
  • Partner, Fried, Frank, Harris, Shriver & Jacobson LLP, 2011-2013
  • Associate, Fried, Frank, Harris, Shriver & Jacobson LLP, 2002-2011

Practice Focus

Bar Admissions

  • State of New York
  • State of California

Education

  • B.A., Emory University, 1998
  • J.D., New York University School of Law, 2002