Get to Know Malcolm
Get to Know Malcolm
- Advised Citibank, N.A. in US$3.5 billion in global senior unsecured credit facilities for Digital Realty Trust, L.P., a REIT invested in data center facilities worldwide.
- Advised Metropolitan Life Insurance Company in the development of a real estate secured lending program in Mexico and the origination of over US$2 billion in loans secured by resort hotels, office buildings and portfolios of industrial properties throughout Mexico.
- Advised international investment fund clients in connection with the formation of a joint venture investment vehicle that acted as a lender for the US$1.67 billion construction financing of American Dream Mall, a multi-million square foot entertainment, dining and shopping complex in northern New Jersey.
- Advised U.S. Bank National Association and RBC Capital Markets in a US$1.5 billion term loan secured by 16 shopping malls located in 14 states to affiliates of General Growth Properties (now Brookfield Properties Retail).
- Advised Citibank, N.A. in US$1.05 billion in senior unsecured revolving and term credit facilities for LaSalle Hotel Operating Partnership, L.P., a REIT invested in upscale full-service hotels.
- Advised a private international investor in connection with a US$570 million mortgage loan from a syndicate of five banks led by ING Capital to finance the acquisition of the former Sony Building in New York City.
- Advised Citibank, N.A. in a US$500 million revolving credit facility for Terrafina FIBRA in connection with its US$665 million IPO-the first-ever corporate revolving credit line for a FIBRA (a Mexican REIT).
- Advised Shorenstein Properties on numerous acquisition and fund-level financings, including subscription line facilities for six of its real estate investment funds for institutional and private investors.
Admissions
Bar Admissions
- New York
Court Admissions
- US District Court, Eastern and Southern Districts of New York
Education
- New York University, J.D.: Order of Barristers
- Princeton University, A.B.
Honors & Awards
- Recognized by Chambers USA for Real Estate Finance in New York (2006-2026)
- Recommended by The Legal 500 US for Real Estate Investment Trusts (REITs) (2025-2026); Real Estate Finance (2024)
- Recognized by Best Lawyers in America for Real Estate Law in New York, NY (2013-2026)
- Recognized by IFLR1000 as a Notable Practitioner in the US for Banking in the Real Estate Industry (2024-2025)
- Named to Lawdragon 500's Leading Global Real Estate Lawyers list (2024-2025)
- Selected to Super Lawyers in New York for Real Estate (2006-2023)
- Recognized by The Legal 500 Private Practice Power List as a leading US attorney with a special focus in Mexico (2018)
- Recognized by Who’s Who Legal 100 as a Thought Leader in Real Estate and recommended for Hospitality and Real Estate
Professional Activities
Member
- Board of Governors, American College of Real Estate Lawyers
- Advisory Board, US-Mexico Chamber of Commerce, Northeast Chapter
- New York City Bar Association
- New York State Bar Association
- CRE Finance Council
- International Council of Shopping Centers
- The Loan Syndications and Trading Association
- National Association of Real Estate Investment Trusts
- Real Estate Lenders Association
New York State Chair Emeritus
- American College of Mortgage Attorneys
Fellow
- American College of Real Estate Lawyers
Publications
- “Welcome to the Party: Real Estate Loan Workouts and Enforcement in Today’s Downcycle,” The ACREL Papers (Fall 2024)
- “Market Standards for Flood Insurance Processes in Syndicated Lending,” The Loan Syndications and Trading Association (January 2023)
- “Tenant Security Deposit or Unsecured Loan? State Law Disparity Leads to Forfeiture” (December 2022)
- “The New Corporate Transparency Act’s Impact on Real Estate Investment” (February 2021)
- “Impact Investing in Commercial Real Estate” (October 2020)
- “Turbulent Times Ahead-Remember the Real Estate Workout?” (July 2020)
- “Impact of the Tax Cuts and Jobs Act on the Real Estate Industry” (February 2018)
- “Financing Hotels in the United States: Key Considerations” (June 2017)
- “How the Trump Presidency May Affect Commercial Real Estate Investment in Mexico” (March 2017)
- “The New Way to Bail Out Sinking Ships in the EU: “Bail-Ins” of Failing Financial Institutions” (October 2016)
- “The Financial Crimes Enforcement Network and Other Anti-Money Laundering Regulators Sharpen Their Focus” (April 2016)
- “Hedging Your Bet: Interest Rate Hedge Agreements in Real Estate Transactions” (October 2015)
- “REIT Credit Facilities - Real Estate Debt in an ERA of Capital Consolidation” (June 2015)
- “Revival of REIT Rulings Could Mean Good News for Companies with Non-Traditional Assets Considering Becoming REITs” (November 2013)
- “TOUSA: 11th Circuit Affirms Bankruptcy Court's Decision Regarding “Reasonably Equivalent Value”” (May 2012)
- “Top 10 Lessons from the Recession for Commercial Real Estate Lenders” (June 2011)
- “The Commercially Reasonable Real Estate Mezzanine Loan Foreclosure - Lessons from the Front Lines” (March 2010)
- “Appellate Court Ruling in Destiny USA: Notes of Caution for Construction Lenders and a Glimmer of Hope” (January 2010)
- “The TOUSA Decision: Death of the Savings Clause?” (November 2009)
- “U.S. Federal Banking Agencies Issue Policy Statement on Commercial Real Estate Loan Workouts” (November 2009)
- “Cleaning Up the Toxic Mess - The Treasury's Emerging Plan to Promote Private Investment in Legacy Loans” (April 2009)
- “Detective, Liaison, Manager, Psychologist - Acting as the Agent in a Distressed Syndicated Real Estate Loan” (January 2009)
- “The Rising Tide - Flood Insurance in an Active Era” (December 2006)
- “Rising Rates For Real Estate: Interest Rate Hedge Agreements Can Help” (November 2005)
- “Working with Real Estate Appraisals in the United States” (April 2004)
- “Participation Pitfalls-Seven Questions Every Mortgage Loan Participant Should Ask” (April 2003)
- “Commercial Real Estate Lending in the United States” (October 2002)
Speaker
- “Electromobility Transition and Partnership in North America: An overview on Supply Chain, Manufacturing Integration and Infrastructure Development” (November 2024)
- “Welcome to the Party: Real Estate Loan Workouts and Enforcement in Today’s Downcycle” (October 2024)
- “Anti-Tying Considerations for Bank Lenders” (February 2024)
- “Real Estate Loan Enforcement and Alternative Approaches” (January 2023)
- “Covenants in Real Estate Financings – Affirmative, Negative and Financial” (June 2022)
- “SOFR and Other RFR Fallback Rates” (February 2022)
- “Construction Lending and the New York Lien Law” (August 2021)
- “Strategies for Navigating the Flood Insurance Regulations” (September 2020)
- “Commercial Real Estate Bank Lending Regulatory Update” (August 2020)
- “Investing in Distressed Commercial Real Estate in the U.S.” (July 2020)
- “Montgomery on The Impact of EU Bail-In Recognition Provisions on US Real Estate Lending” (March 2017)
Related Practices
Related Industries
Related Regions