About

David Gardner is a partner in the firm’s Real Estate Practice, specializing in structured real estate deals nationwide. Mr. Gardner focuses his practice on joint venture arrangements (money-side and sponsor-side representation), financings, preferred equity (common-side and preferred-side representation), programmatic relationships, co-lending JV’s, and all aspects of buying, selling, and operating real estate. 

Mr. Gardner’s clients range from “emerging” sponsors and developers, to sovereign wealth funds and some of the world’s largest institutions, and everything in between.  He takes a particular interest in representing new entrants into the real estate sector, and helping them navigate new terrain.

Mr. Gardner has been involved in the workout of distressed real estate debt (both on behalf of borrowers and lenders), as well as joint venture partner disputes and workouts.  He has also been at the forefront in the origination of C-PACE (Commercial Property Assessed Clean Energy) loans and was one of the first commercial real estate attorneys to specialize in this product.

Mr. Gardner is active in partner and associate affairs at the firm, with leadership roles in business development and associate training.  He has also led the firm’s initiative to explore the integration of artificial intelligence and similar technology into the firm’s practice.

Mr. Gardner joined the firm in 2013 from the real estate department of Cooley LLP.  He received his J.D. from the University of Pennsylvania Law School (with a Certificate in Business and Public Policy from Wharton) and his B.A. from Cornell University (Distinction in All Subjects).  Mr. Gardner is admitted to practice in New York.

Mr. Gardner is a Visiting Assistant Professor in Real Estate Law at the Pratt Institute School of Architecture in New York City. He resides in Hoboken, New Jersey with his wife Jill and three children.  He loves the beach, is a die-hard Philadelphia Eagles fan and spends a large portion of his free time as a spectator at whatever youth sports happen to be in season.

Notable Transaction Expertise:

  • Represented a developer in staged acquisitions of a $150 million multifamily development site near Dallas, which included the negotiation of related joint venture agreements (property level and upper-tiers), preferred equity investments, mortgage financing, and 1031 structuring and related tax matters.
  • Represented a publicly-traded, national homebuilder in a joint venture and construction financing for the development of a “Gold Coast”, New Jersey condominium project.  This project featured the most expensive condominium unit then for sale in the State of New Jersey.
  • Represented a developer in connection with a historic Tax Credit master lease for a project in Pittsburgh, and the negotiation of related joint venture, syndication and financing documentation.
  • Represented a private equity firm in negotiation of a joint venture, conducting diligence, acquisition, and construction financing for a “forward commitment” industrial project in South Carolina, as well as eventual sale of the project upon completion.
  • Represented a private equity firm in the formation of a Co-Lending joint venture for a $160 million + construction loan secured by a ground lease for a mixed-use project in New York City.  Subsequently represented the joint venture through (a) oversight of the ground lease collapse and conversion of collateral to a condominium regime, (b) ensuring the collateral’s compliance with 420-c, 421-a and ICAP tax and incentive programs and negotiation with applicable governmental authorities, and (c) and eventual workout negotiations with borrower. 
  • Represented an investor in connection with a multi-phase development project in Philadelphia, which included (a) a preferred equity investment in a stabilized multifamily building, (b) a direct common equity investment in an adjacent land parcel for ground-up development, (c) separate mortgage financing for each parcel and (d) various cross-easements and REAs.
  • Represented private equity firm in origination of an “equity converter” loan for a ground-up condominium development in Fort Lauderdale, the subsequent conversion of the loan into an equity position, and the negotiation of resulting joint venture and construction financing agreements.
  • Represented a Commercial Property Assed Clean Energy (C-PACE) provider in connection with an approximately $20 million C-PACE loan secured by a hospitality asset in Utah, to serve as pandemic-era “rescue capital”.

Recognitions

  • Listed, The Best Lawyers in America: Ones to Watch, Real Estate (2025 Edition)
  • Listed, Super Lawyers: New York Metro (2024 Edition)