Our Practice Areas

Berger Harris’ Commercial Real Estate and Business Transactions Group has considerable experience handling a broad range of real estate and business transactions ranging from relatively simple business arrangements to the most complex and sophisticated commercial transactions.  Our transactional attorneys pride themselves on being flexible and creative in effectively managing the balance between protecting our clients’ interests and helping them cross the finish line to close the transaction.

Commercial Transactions

Berger Harris attorneys handle a wide-range of corporate and business transactions and have particular expertise in financing transactions, including real estate financing, structured finance, investment fund transactions and securitizations. Our attorneys routinely represent borrowers, lenders, investors, trustees, managers, investment funds and other participants in corporate and business transactions. The transactional attorneys at Berger Harris frequently provide advice on the structure and use of Delaware entities in financing transactions, mergers and acquisitions, asset purchase and sale transactions and cross-border transactions.

Our attorneys participate in the various corporate and business law committees of the American Bar Association and Delaware State Bar Association.

Real Estate

Berger Harris attorneys have many years of experience in handling complex commercial real estate acquisitions, leasing transactions and financing transactions. Through its affiliate, Integrated Settlement Services, LLC, the firm handles all aspects of title insurance work for commercial and residential closings, including multi-state transactions on behalf of national title insurance companies.

Our real estate attorneys are members of the Committee of 100 and the Commercial Industrial Realty Council (CIRC), groups that focus on land development policy and related issues for Delaware and the region as a whole.

Since 2011, Berger Harris has been recognized by U.S. News and World Report as a regional leader in providing commercial real estate legal services.

Alternative Entity (Limited Liability Company, Partnership and Statutory Trust) Advisory

Berger Harris attorneys have extensive experience and expertise representing borrowers, managers, partners, general partners, trustee and other participants in Delaware alternative entities. Our Alternative Entity attorneys specialize in Delaware’s alternative entity statutes and regularly work with limited liability companies, limited partnership, limited liability partnerships, limited liability limited partnerships, statutory trusts and series entities.

We have particular expertise in structuring and utilizing alternative entities in financing transactions, mergers and acquisitions, asset purchase and sale transaction, investment fund transactions and securitizations. Our alternative entity attorneys provide counsel on fiduciary duties issues and have unique expertise in bankruptcy remote entity structures.

Our attorneys serve on the American Bar Association and Delaware Bar Association subcommittees for Alternative Entities and Statutory Trusts.

Third-Party Legal Opinions

Berger Harris attorneys regularly render third-party legal opinions in connection with corporate and business transactions, especially real estate financings, structured finance and securitization transactions. Our attorneys have over half a century of combined experience issuing legal opinions covering all aspects of Delaware law and federal laws regarding substantive consolidation. Our legal opinions are regularly required by national and international banking institutions, investment companies, rating agencies and governmental and quasi-governmental authorities.

Corporate Advisory and Governance

Berger Harris attorneys regularly provide corporate advice regarding formation, management, fiduciary duties and dissolutions. Based on our extensive experience, we offer advice and solutions specifically tailored to each client’s situation. Our attorneys are engaged as counsel to corporate boards of directors, managers, officers and stockholders.

Berger Harris is regularly engaged by national and international law firms as special Delaware counsel for the most complex and sophisticated corporate issues and transactions. Our attorneys specialize in providing creative and flexible solutions to facilitate a successful and seamless transaction. Our attorneys’ cooperative and efficient approach makes Berger Harris the preferred Delaware corporate and business law collaborator for many other law firms.

Start-Ups

Delaware’s corporate and business statues make it the venue of choice for the formation of many large, well-established companies. Those same advantages make Delaware the premiere venue for forming start-up companies. Our transactional attorneys use their extensive experience representing businesses of all sizes across a range of industries to develop long-term strategic plans tailored to each individual client’s opportunities and challenges.

We routinely provide efficient and cost-effective representation for entrepreneurs and assist with bringing their new companies to life. Our transactional attorneys understand that entrepreneurs want to focus on building their businesses, not on legal issues. To accomplish our clients’ goals, we provide the full suite of legal services necessary for emerging companies in each stage of growth. Our attorneys work closely with clients to develop a roadmap for tackling the critical legal issues that face all new businesses, including initial organization, governance and capital structure, seed financing, employment law compliance, compensation plans, angel and venture capital financings and exit transactions.

Unclaimed Property

Many business entities become the holders of unclaimed property, sometimes inadvertently. Berger Harris has advised clients regarding Delaware unclaimed property laws. Berger Harris has successfully defended clients subject to state audits and provided counseling on compliance issues, including with respect to Delaware’s Voluntary Disclosure Agreement (VDA) program. Additionally, Berger Harris has assisted clients in recovering property that has escheated to the State of Delaware.