About

David Gardner is a partner in the firm’s Real Estate Practice, specializing in structured real estate deals across all asset classes nationwide.  Mr. Gardner focuses his practice on joint venture arrangements (both money and sponsor side representation), financing, preferred equity arrangements (from common side as well as preferred), programmatic relationships, co-lending JV’s, acquisitions, dispositions, leasing, REA’s and easement agreements, and other development and management arrangements.  Mr. Gardner regularly handles several of these components as part of a single transaction.  His clients range from “emerging” sponsors and developers, to private equity funds, sovereign wealth funds, family offices and other institutional investors, as well as national owner/operators and developers. 

His multi-faceted practice allows him to anticipate the competing motivations of all stakeholders, hone in on what matters, and ultimately build consensus with those across the table.

More recently, 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 been involved in the origination of C-PACE (Commercial Property Assessed Clean Energy) loans, as well as the creation of funds and other corporate investment vehicles for so-called “emerging” real estate developers.  

Earlier in his career, Mr. Gardner represented an institutional landlord in the lease-up of a 6 million square foot re-purposed industrial development in Brooklyn.

Mr. Gardner is a Visiting Assistant Professor in Real Estate Law at the Pratt Institute School of Architecture in New York City.

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).

Representative matters include the following:

CORPORATE REAL ESTATE / ACQUISITION /BORROWER FINANCE

“Capital Side” Representations
  • Joint venture, acquisition and financing of a $140+ Million office property in Los Angeles.
  • Preferred equity investment in a Charlotte office park development, and the negotiation of related joint venture, condominium, reciprocal easement and management and development agreements. 
  • Joint venture for acquisition and eventual “flip” a prominent Chicago office building.
  • Co-Lending joint venture for a $160 million + construction loan for a mixed-use project in New York City.
  • Joint venture, construction financing and due diligence for a “forward commitment” industrial project in South Carolina.
  • Joint venture, acquisition and financing of a portfolio of mobile home facilities located throughout the central United States.
  • Preferred equity investment in a multifamily project in Philadelphia and negotiation of related joint venture and third party refinancing agreements.
  • Joint venture for the acquisition and construction of a community of 40+ single family rental homes near Nashville.
  • Origination of an “equity converter” loan for a ground-up condominium development in Fort Lauderdale, the subsequent conversion of the loan, and the negotiation of resulting joint venture and construction financing agreements.
  • Joint venture, acquisition and financing of a $110 million multifamily project in Northern Virginia.
  • Joint venture, acquisition and financing of multiple owner-occupied industrial properties near San Diego for conversion to life science use.
  • Joint venture, acquisition and financing of a $100 million portfolio of multifamily properties in Texas.
 
Sponsor/Developer-Side Representations
  • Acquisition through a staged closings of a $150 million multifamily development site near Dallas, negotiation of related joint venture agreements (property level and upper-tiers), preferred equity investment, acquisition/re-positioning loan, and 1031 structuring.
  • Joint venture and acquisition of a $60 million+ hotel in Atlanta.
  • Preferred equity investment for the construction of a 250 unit + apartment development in northern South Carolina.
  • Joint venture (representing a publicly-traded, national homebuilder) and construction financing for the development of a “Gold Coast”, New Jersey condominium project.
  • Historic Tax Credit master lease for a project in Pittsburgh, and the negotiation of related joint venture, syndication and financing documentation.
  • Recapitalization of a mixed-use industrial complex in the Charlotte area involving a programmatic joint venture for the development of future phases.
  • Multiple joint ventures (representing a publicly-traded, national homebuilder) with an institutional investor providing equity and debt financing for a national portfolio of entitled homesites.
  • Joint Venture, acquisition and financing of a $120 million multifamily project in Philadelphia.
  • Joint Venture, acquisition and financing of a $90 Million light industrial property in Long Island City, NY.
  • Recapitalization of a ground-up development in Tribeca, Manhattan by a joint venture comprised of a New York City developer with several Caymanian investment vehicles.
 
Sales
  • Sale of a $150 million + multifamily project in Northern Virginia.
  • Sale of a $90 million office building in the Los Angeles area.
  • Sale of a $90 million office building in the Philadelphia area.
  • Sale of a $90 million office park in suburban Boston.
  • Sale by a private equity fund of its equity stake in a warehouse/light industrial property in central Massachusetts.
  • Sale of a $40 million office building in Atlanta.
 
Lender-Side Finance
  • Origination of a $12,000,000 CMBS loan encumbering a mixed-use property in suburban Philadelphia.
  • Origination of an $18 million Mezzanine Loan for a Miami project, which was subject to a ground lease and occupied by a national flag hotel, and related inter-creditor documentation.
  • Origination of approximately $20 million CPACE loan secured by a hospitality asset in Utah.
  • Origination by an investment fund of several Mezzanine Loans for properties across the United States ranging from $6 million to approximately $15 million and related inter-creditor documentation.
  • Origination by a New Jersey bank of multiple mortgage loans ranging from $5 million to $30 million secured by commercial properties in the greater New York City area.
  • Origination of a $30 million mortgage loan secured by a retail property in SOHO, Manhattan, owned through a Tenancy-In-Common arrangement.
  • Origination of an $80 million mortgage loan secured by a portfolio of ground leased commercial assets of various classes.

Mr. Gardner is admitted to practice in New York. 

Recognitions

  • Listed, The Best Lawyers in America: Ones to Watch, Real Estate (2025 Edition)

  • Listed, Super Lawyers: New York Metro (2024 Edition)