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Attorney

David A. Lum

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Biography

David’s clients have come to rely upon him as their “outside general counsel” - becoming the first call they make when they have a legal issue or need advice. When acting in this role, David handles all of their legal needs, from entity formation and contract negotiation to buy-sell agreements, mergers and acquisitions, corporate governance, real estate, resolving employment issues and litigation management.

As a part of getting to know each client, David invests his own time in learning their business and industry. This knowledge helps him provide effective and efficient advice and counsel and be a valuable contributor to the company’s mission, strategic objectives and his ability to quickly resolve day-to-day legal issues.

David recognizes that business owners and executives want to contain legal costs, ideally spending only on projects that preserve or enhance company value. Thus, his approach focuses on preventing problems before they arise and mitigating cost and exposure when legal problems do arise.

David has extensive experience in all aspects of the corporate real estate life cycle, including acquisition, development, leasing, financing, divestiture, condemnation and property tax contests. David has worked extensively with retail real estate -- representing a national retailer in leasing, development and roll out of over 100 free standing retail stores nationwide and another national retailer in the divestiture of hundreds of facilities throughout the Midwest. David also assists his manufacturing and service business clients in maximizing their investment in real estate negotiating new office leases, developing new facilities, facilitating sale-leaseback transactions and completing structured finance transactions. He also has extensive experience in the real estate aspects of M&A transactions.

  • Biography

    David’s clients have come to rely upon him as their “outside general counsel” - becoming the first call they make when they have a legal issue or need advice. When acting in this role, David handles all of their legal needs, from entity formation and contract negotiation to buy-sell agreements, mergers and acquisitions, corporate governance, real estate, resolving employment issues and litigation management.

    As a part of getting to know each client, David invests his own time in learning their business and industry. This knowledge helps him provide effective and efficient advice and counsel and be a valuable contributor to the company’s mission, strategic objectives and his ability to quickly resolve day-to-day legal issues.

    David recognizes that business owners and executives want to contain legal costs, ideally spending only on projects that preserve or enhance company value. Thus, his approach focuses on preventing problems before they arise and mitigating cost and exposure when legal problems do arise.

    David has extensive experience in all aspects of the corporate real estate life cycle, including acquisition, development, leasing, financing, divestiture, condemnation and property tax contests. David has worked extensively with retail real estate -- representing a national retailer in leasing, development and roll out of over 100 free standing retail stores nationwide and another national retailer in the divestiture of hundreds of facilities throughout the Midwest. David also assists his manufacturing and service business clients in maximizing their investment in real estate negotiating new office leases, developing new facilities, facilitating sale-leaseback transactions and completing structured finance transactions. He also has extensive experience in the real estate aspects of M&A transactions.

  • Professional & Civic Activities
    • American Bar Association, Real Property, Probate & Trust Law Committee, Member
    • Cleveland Metropolitan Bar Association, Real Estate Committee, Member
    • Ohio State Bar Association, Member
    • International Council of Shopping Centers, Member
    • National MS Society, Cleveland Dinner of Champions Committee, Former Member, 2013
    • Cystic Fibrosis Foundation, "Cleveland's Finest" Event, Former Chair, 2002
    • Cystic Fibrosis Foundation, "Cleveland's Finest" Event, Former Honoree, 2002
    • The Cleveland Play House, Former Board of Trustees (Ex-officio) and Chairman of the "CREW", 1998-2000
  • Articles & Presentations
  • Representative Engagements
    • Represent management team in $12M seller financed buy-out of a 200 employee old line manufacturing company with ongoing environmental and pension liabilities. Represent same management team in subsequent $54M sale of business to private equity.
    • Represent manufacturing company in forbearance negotiations and restructuring of debt, leading to significant forgiveness of debt by lender.
    • Represent Franchisor in enforcement of franchise agreement and non-compete provisions.
    • Represent investors in formation of limited liability company to purchase, rehab and rent foreclosed residential property.
    • Represent joint-venture investor in formation of and investment in entity designed to commercialize consumer products and accelerate their delivery to market.
    • Represent tree service business in formation of joint venture and acquisition of assets of related business line.
    • Represent national retailer in the leasing, development and roll-out of more than 100 freestanding retail locations nationwide.
    • Represent national expedited courier service in the sale of their existing headquarters building and the development and leasing of new headquarters facility in excess of 250,000 square feet.
    • Represent law firm in multiple office lease transactions from 5,000 to 70,000 square feet.
    • Represent petroleum retailer in the disposition of numerous retail facilities throughout the Midwest.
    • Represent community college in the acquisition of raw land for development of new facility and the acquisition of an existing building for conversion to office headquarters.
    • Represent manufacturer in leasing of 300,000 square foot regional distribution and warehouse facility.
  • Distinctions
    • The Best Lawyers in America© through a peer-review survey as listed in the Corporate Law, and Real Estate Law sections — 2013-2018
    • Rising Star through a peer- and achievement-based review conducted by the research team at Super Lawyers, a service of Thomson Reuters legal division — 2005-2009