Rona J. Rosen

Rona provides sophisticated counsel to real estate developers, entrepreneurs, businesses and financial institutions, concentrating her practice in the areas of commercial litigation, loan restructuring and bankruptcy. She represents clients both in and out of court, utilizing her litigation background and significant experience in negotiating and documenting real estate, asset-based lending and other financial transactions.

In the areas of litigation, mediation and arbitration, Rona’s experience includes disputes involving commercial and real estate contracts, property development, land use, leases, business investments, corporate governance, business torts (including interference with contracts and fraud), and defamation. Rona also has substantial experience representing debtors and creditors in state, federal and bankruptcy court in all facets of collection proceedings and related disputes, including collection and foreclosure actions, confession of judgment proceedings, receiver motions, post-judgment execution proceedings, bankruptcy proceedings, and lender liability, fraudulent transfer and preference claims.

Significant matters include representing:

• A landholding company defending against a $6,000,000 breach of contract claim brought by a founding shareholder and successfully trying the case to verdict, obtaining a judgment against the shareholder and having the judgment upheld on appeal.
• The property owner of a large apartment complex, in a lender liability action against its lender and the special servicer of a securitized loan, successfully obtaining a withdrawal of the lender’s declaration of default and a favorable restructuring of the loan.
• A real estate developer against investment fund property owners in an action for specific performance and breach of contract relating to a purchase and sale agreement for a 5-acre parcel of property, successfully obtaining title to the property for the developer after defeating the funds’ motion for summary judgment.
• An investor in a real estate project in litigation against its partner and the investment partnership for failing to distribute profits in accordance with the parties’ agreement relating to the construction and sale of a townhouse development, obtaining a substantial recovery for the investor.

• A corporation and its principal in a lender liability action, obtaining over $3 million in debt reduction and other favorable terms in a debt restructure.
• A mortgage lending company in defense of a major lender liability claim relating to the development of a high-rise development project. Successfully settled after three weeks of trial.
• Investors asserting fraud, breach of contract and fraudulent conveyance claims against a partnership and its lender, obtaining a favorable settlement after defeating opponents’ dismissal motions.
• The owner of a high-rise office building asserting Constitutional Takings and Contract Clause claims and eminent domain claims against a municipality and related economic development authority arising out of the establishment of an economic opportunity zone which caused the diminishment in value and the owner’s loss of the building through foreclosure.
• Executors of an estate in an action to quiet title and for declaratory judgment confirming its right to sell a commercial property to a third party.
• A real estate investment trust (REIT) in insurance coverage litigation relating to claim of employee defalcation, obtaining successful settlement following institution of litigation.
• An individual in connection with a wrongful discharge claim against his employer and defense of various counterclaims, including defamation and breach of contract.
• A university in a RICO action against certain purchasing agents in connection with the taking of kickbacks.
• A real estate fund regarding a multimillion-dollar dispute over the sale of a condominium complex in Los Angeles, CA.
• A national communication company in complex commercial bankruptcy litigation involving claims of fraudulent conveyance, preferences, alter ego liability and deepening insolvency brought by the liquidating trust of another entity.
• A national real estate development company in defending a multi-million fraudulent conveyance action relating to the development of a community in Florida.
• A large hedge fund that invested in a fund placed in receivership due to massive fraud.
• An Asbestos-Related Property Damage Claimants’ Committee in Chapter 11 case of a leading producer of floor products, building products and floor products.
• Commercial landlords holding multiple leases in Chapter 11 bankruptcies of national furniture chains.
• An unsecured creditors’ committee in jointly administered cases involving six debtor-owned and operated nursing homes.