Joseph McCoy is a Partner with over a decade of experience documenting, negotiating and closing complex real estate, lending and business transactions. Mr. McCoy counsels secured lenders in structuring (and restructuring) and documenting loan originations (construction, acquisition, mezzanine, working capital facilities, letter of credit facilities, participant loan transactions, and syndicated loan transactions); and Noteholders and CMBS special servicers on national note sale transactions. He also represents privately held real estate companies repositioning national retail portfolios; national clients in their leasing and construction matters; and airport concession operators.

Mr. McCoy is currently the Co-Leader of the Airport Concessions Practice with emphasis on 1) structuring legal joint venture relationships for ownership and operation of airport concession operators; 2) negotiating license agreements for specific use of a company name and trademark with specialty retailers and food and beverage concession operators; 3) negotiating concession lease and sublease agreements; 4) negotiating franchise agreements; 5) representing concession operators on ACDBE certification and DOT joint venture guideline issues; 6) structuring legal organization structures for ownership and operation of airport concession operators; 7) representing concession operators on ACDBE certification and recertification issues; 8) representing ACDBE certified companies in appeals process after being denied renewal certification; 9) representing concession operators in structuring supply chain model to achieve ACDBE participation consistent with federal regulations; 10) structuring the investment of private funds into ACDBE certified companies; 11) representing concession operators in negotiating and documenting Letters of Intent and Memorandums of Understandings for their business dealings; and 12) representing concession operators in disputes under a National Development Agreement.

Mr. McCoy is an active alumnus of Northwestern University School of Law, serving as a member of the Law Board and as an Admissions Interviewer. In addition, he is an adjunct professor teaching a Real Estate Structured Transactions course and he has previously served as an Instructor in the Introduction to Legal Learning Program and as a guest lecturer on various topics for the student body.

Mr. McCoy has a strong commitment to public service and currently holds leadership positions with several organizations, including Leadership Greater Chicago, Urban Prep Academies (Chicago Charter School), Chicago Committee on Minorities in Large Law Firms and the Illinois Equal Justice Foundation. Mr. McCoy formerly served on the Board of Directors for Big Brothers/Big Sisters of Metropolitan Chicago.

Mr. McCoy's current clients include:

• BMO Harris Bank
• DeVry Inc.
• Fifth Third Bank
• Gebr. Heinemann
• Klaff Realty, LP
• McDonald's Corporation
• PhaseNext Hospitality
• The Private Bank
• US Foods
• General airport concession operators

Select Representations

Real Estate Finance

Representative Real Estate Finance Transactions. Represented various Noteholders and CMBS Special Servicers in loan sale transactions.

• $4,800,000 (CA)
• $5,000,000 (WI)
• $5,700,000 (CA)
• $5,715,000 (ID)
• $6,000,000 (NV)
• $8,000,000 (MI)
• $8,825,000 (CA)
• $13,750,000 (IL)
• $14,073,047 (IA, UT, and NE)
• $20,020,000 (CA)
• $24,000,000 (IL)
• $33,000,000 (NV)
• $33,500,000 (CA)
• $55,180,000 (CA)

Representative Real Estate Finance Transactions (Lender Representation). Represented various lenders in loan transactions (construction, syndicated and mortgage financing).

• $150,000,000 financing in Hollywood, FL
• $100,000,000 financing in Sacramento, CA
• $92,500,000 financing in Scottsdale, AZ
• $65,000,000 financing in Hollywood, FL
• $65,000,000 financing in Skokie, IL
• $25,000,000 financing in Hollywood, FL
• $18,745,000 financing in Melrose Park, IL
• $12,000,000 financing in Streamwood, IL
• $11,650,000 financing in Chicago, IL
• $7,015,150 financing in Chicago, IL
• $8,500,000 financing in LaFayette, IN
• $16,870,000 financing in LaFayette, IN
• $7,000,000 financing in Portage, IN
• $5,470,000 financing in Algonquin, IL
• $4,162,500 financing in Park City, UT
• $4,450,000 financing in Antioch, IL
• $1,750,000 financing in Chicago, IL

Representative Real Estate Financing (Borrower Representation). Represented various borrowers in loan and workout transactions.

• $22,000,000 financing in Chesterfield County, VA
• $12,265,000 financing in Chicago, IL
• $8,800,000 financing in Chicago, IL
• $3,075,000 financing in Chicago, IL
• $2,580,000 financing in Chicago, IL
• $1,240,000 financing in Chicago, IL

Commercial Finance

Commercial Finance (Lender Representation). Represented various lenders in commercial loan transactions (working capital facilities, letter of credit facilities, secured and unsecured credit facilities).

• $40,000,000 financing with $10,000,000 letter of credit sub-facility in Chicago, IL
• $30,000,000 financing in Chicago, IL
• $8,694,000 financing in Indiana
• $8,000,000 letter of credit financing in Chicago, IL
• $8,000,000 financing in Chicago, IL
• $6,000,000 financing in Chicago, IL
• $3,200,000 financing in Chicago, IL
• $2,000,000 financing in Chicago, IL

Airport Concessions

Food & Beverage Operator - Legal Structure for Multiple Operations for ACDBE Operator. Represented an ACDBE food and beverage operator in developing its company legal structure in order 1) for concession operator to remain in compliance with the USDOT regulations for an ACDBE company; and 2) to operate multiple concessions in various national airports.

Specialty Retail Concession Operator - Reapplying after ACDBE Certification Denied. Represented a specialty retail concession operator (in reapplying for an ACDBE certification that was previously denied) with the restructure of its business operations in multiple airport locations for compliance with USDOT regulations for ACDBE operators.

DutyFree/DutyPaid Concession Operator. Represented a duty free/duty paid concession operator in all aspects of their business operations in the US.

Restaurant Chain Franchisee as Concession Operator. Represented the owner of a national restaurant chain franchise with negotiating the terms and conditions of its franchise agreement as well as its food and beverage concession lease and license agreement with the local airport authority for a concession operator at Cleveland International Airport.

Granting of License Right to Specialty Retail Concession Operator. Represented Specialty Retailer in negotiating the terms and conditions of a license agreement to grant a license right for use of company name and trade mark proprietary rights to specialty retail concession operator license in a concession operation located at John F. Kennedy, New York airport.

ACDBE Certification Application. Represented concession operators in the states of California, Florida, Georgia, Maryland, Massachusetts, New York, Illinois, Texas and Washington, D.C. in structuring their ACDBE certification application in order to comply with regulations under USDOT unified certification program.

Structured Joint Venture Agreement to respond to an RFP. Represented Specialty Retail Concession operator in structuring the terms and conditions of joint venture agreement with prime operator in response to an RFP by the airport authority in San Francisco.

Selection of ACDBE Joint Venture Partner. Represented a food & beverage operator in the creation of a RFQ process to select a potential ACDBE joint venture partner.

Joint Venture Partner Denied Recertification as an ACDBE. Represented a disadvantaged business enterprise denied its application for recertification as an ACDBE by the local airport authority. Conducted an internal audit of the business operations which included review of all organizational documents to advise the company on the appropriate company restructure for compliance with USDOT regulations. The restructure resulted in the renegotiation of the terms and conditions of its joint venture agreement with its prime concession operator.

Succession Planning for an ACDBE Company (family owned). Represented minority shareholder in an ACDBE company purchase the interest of the majority shareholder. Structured the terms and conditions (including development of financing structure) of the Asset Purchase Agreement. Represented company in the update of Economic Disclosure Statement to the local airport authority. Although the transaction resulted in a change of ownership and control of the company; the Company remained in compliance with USDOT regulations for ACDBE companies.

Retail & Consumer Products

Grocery Chain Disposition. Represented a consortium of investors in the disposition of a chain of grocery stores in Texas and Louisiana.

Department Store Chain Disposition. Represented a consortium of investors in the disposition of retail mall anchors in Texas, Colorado, Michigan, and Louisiana.

Real Estate

Real Estate Leasing.

• Negotiation of multiple retail leases for insurance company in California, Ohio, Maryland, Pennsylvania, Hawaii and Georgia
• Negotiation of retail leases for grocery store chain in Texas
• Negotiation of retail leases for national wireless service provider in Illinois, Wisconsin and Indiana

Office Leasing. Negotiation of office tenant leases in Arizona, California, Indiana, Nevada, New York, North Carolina, Ohio, Pennsylvania, Texas, Washington and Florida.

Real Estate Acquisitions. Represented the buyer in the acquisition of various properties across the United States.
National grocery store chain (600 stores).

• $143,000,000 acquisition of the Ritz-Carlton, Kapalua, HI (Purchase of Owner's Membership Interests)
• $100,000,000 acquisition of the Eden Roc Hotel, Miami Beach, FL (Purchase of Owner's Membership Interests)
• $87,600,000 acquisition of LAX Marriott, Los Angeles, CA
• $78,000,000 acquisition of Marriott's Frenchman's Reef Beach Resort, St. Thomas, USVI (Purchase of Owner's Membership Interests)
• $70,000,000 acquisition of the Renaissance Worthington Hotel, Fort Worth, TX
• $38,000,000 acquisition of the Alpharetta Marriott Hotel, Alpharetta, GA
• $14,750,000 acquisition of the Omni Orrington Hotel, Evanston, IL
• $5,000,000 acquisition of Riverfront Golf Club at Harbourview, Suffolk, VA

Real Estate Dispositions. Represented various sellers in the disposition of property across the United States.

• Multiple retail mall anchors in Texas, Colorado, Michigan, Louisiana, and the state of Washington
• National grocery store chain properties in Texas and Louisiana (Over 50).
• $9,700,000 sale of college campus in Wheaton, IL
• $7,012,500 sale of mall property in Plano, TX
• $6,000,000 sale of mall property in Novi, MI
• $3,300,000 sale of mall property in Fort Worth, TX
• Sale of 122 S. Michigan, Chicago, IL

Real Estate Construction. Negotiation of construction contracts in Arizona, California, Georgia, Illinois, New Mexico, New York, Ohio, Texas and St. Kitts.

Bar and Court Admissions

Illinois, 1998

Texas, 2008

Education

Northwestern University, J.D., 1998

University of Chicago, A.M., 1994

University of Chicago, A.B., with honors, 1994

Publications

• Co-Author, "The Impact of DOT's New Rule on DBEs and ACDBEs," Airport Business, June 2011
• Co-Author, "Structuring a Joint Venture," Airport Business, May 2010

Speeches and Seminars

• The Council on Legal Education Opportunity, April 2012
• National Black Law Students Association 44th Annual Convention, March 2012
• "New Model for Accessing Capital Markets for ACDBEs That Have Brand Franchise Rights," ACI-NA Business Diversity Committee Meeting/ACI-NA Concessions Conference, Atlanta, GA, November 2011
• "Preventing Fraud in DBE Programs," ACI-NA Annual Conference, San Diego, CA, October 2011
• "The ABCs of Airport Joint Venture Agreements," ACI-NA 2010 Airport Concessions Conference, Phoenix, AZ, November 2010
• "Retail Leasing at Airports and College Campuses," The International Council of Shopping Centers (ICSC) 40th Annual U.S. Shopping Center Law Conference, Hollywood, FL, November 2010
• "Lessons Learned and Best Practices from Internal DBE Program Audits," ACI-NA 19th Annual Conference & Exhibition, Pittsburgh, PA, September 2010

Professional Affiliations

• American Bar Association
• National Bar Association (Commercial Law Section)
• Chicago Bar Association
• Cook County Bar Association
• Chicago Mortgage Attorneys Association
• Sports Lawyers Association
• Airport Minority Advisory Council
• Airport Revenue News
• International Counsel of Shopping Centers (ICSC)
• Airport Council International

Civic Involvement and Honors

• Illinois Super Lawyers, 2011-2012
• Law Bulletin Publishing Company, Forty Under 40, 2009
• Illinois Equal Justice Foundation, Board Member, 2010-Present
• Northwestern University School of Law, Law Board Member, 2009-Present; Adjunct Professor, 2010-Present
• Mentorship Academy Participant, 2008; Member, 2009-Present
• Leadership Greater Chicago, Fellow, 2007; Board Member; Co-Chair of Selection Committee, 2008-Present
• Urban Prep Academies, Board Chairman, 2005-Present
• Cabrini Green Legal Aid (CGLA), Annual Benefit Committee Member, 2010
• Big Brothers Big Sisters of Metropolitan Chicago, Board Member, 2007-2010
• Canisius College (Buffalo, NY), Adjunct Professor, 2009
• Lawyers Lend-A-Hand, 6th Annual My Hero Awards Luncheon, Chairman, 2009
• Chicago Committee fka Chicago Committee on Minorities in Large Law Firms, Board