Marc B. Bergoffen is a commercial real estate attorney with more than 25 years of experience advising developers, owners, investors, landlords and tenants on complex real estate transactions. He represents clients across the full lifecycle of commercial real estate assets — acquisitions, dispositions, leasing, management and financing — with a focus on structuring and negotiating deals that align with business objectives, allocate risk appropriately and are practical to implement.
Marc’s practice includes retail, office and industrial properties, with a substantial concentration on commercial leasing. Having represented both landlords and tenants for more than two decades, he brings a balanced understanding of market terms, negotiation dynamics and operational considerations. His experience allows him to anticipate issues, streamline documentation and resolve matters efficiently in transactions ranging from single-asset leases to large portfolio arrangements.
In addition to traditional commercial real estate work, Marc has significant experience in renewable energy, data center and biotech projects. He serves as Chair of the firm’s Renewable Energy Practice and represents developers, investors and host-site owners in connection with solar energy facilities and battery energy storage systems, including site control, easements, access, title and financing matters. His data center work includes advising campus developers on ownership structures, utility access, operational covenants and security and compliance requirements. In the biotech sector, he counsels clients on transactions involving incubator labs, build-to-suit facilities with specialized infrastructure and regulatory requirements.
Marc has been elected as a Fellow of the American College of Real Estate Lawyers (ACREL) and serves on the Advisory Board of the Advanced Commercial Leasing Institute. He is admitted to practice in Maryland, the District of Columbia, Virginia and Florida, enabling him to support clients with regional and national real estate portfolios.
Professional & Community Affiliations
- American College of Real Estate Lawyers, Fellow 2023-Present
- Advanced Commercial Leasing Institute (formerly Georgetown University Law Center, now ACREL), Advisory Board Member
- The Real Estate Group
- International Council of Shopping Centers
- Maryland State Bar Association, Real Property Section
- Chair, 2014-2015
- Vice-Chair, 2013-2014
- Secretary/Treasurer, 2012-2013
- Co-Chair, 2012 Annual Meeting
- Section Council, At-Large Member, 2007-2012
- Bar Association of Montgomery County, Maryland
- Co-Chair Business Law Section, 2011-2013
- Business Law Section Advisory Council, Member, 2008-2011
- Virginia Bar Association
- Young Lawyers Division Executive Council, 2003-2005
- Chair, Virginia Non-Profit Legal Support Program
- VisArts, Member, Board of Directors, 2015 – 2022
Results
Real Estate and Business Transactions
Successfully obtained rent relief and lease workouts for several restaurants during the COVID-19 pandemic.
Representation of the Maryland Department of Transportation as outside real estate counsel in joint development projects across Maryland, including the largest Transit-Oriented Development (TOD) in Maryland history, as well as the first Tax Increment Financing bond closing for a TOD in Howard County.
Representation of the Maryland State Retirement and Pension System in connection with its various real estate investment programs involving more than $250 million in transactions.
Representation of a professional sports league players’ union with respect to its real estate assets.
Representation of a national real estate investment trust (REIT) in the acquisition and leasing of a 2.8 million square foot portfolio of office buildings in Rosslyn, Virginia and Washington, DC.
Representation of a national REIT in the acquisition and financing of approximately 500,000 square feet of investment-grade office, multifamily and industrial/warehouse properties throughout the country.
Representation of a regional real estate investment company with respect to statutory tenants’ rights issues in the sale of various multi-family properties in suburban Maryland and the District of Columbia.
Representation of a James Beard Award-winning chef and restaurateur in the structuring of a joint venture for a new restaurant concept and negotiation of a lease for a new restaurant space in a mixed-use building.
Representation of a national banking institution as Maryland and Virginia real estate counsel in multi-state sale of branches to financial services REIT.
Representation of a regional petroleum jobber in the acquisition and operation of real estate and distributorship interests in several hundred service stations across the country.
Telecommunications Real Estate Transactions
Representation of a publicly traded REIT as portfolio counsel in the negotiation of antenna leases, MDU marketing and access license agreements for multifamily properties, and telecommunications access license and DAS agreements for retail and office properties.
Representation of a public hotel REIT in the negotiation of various telecommunications leases, access licenses and DAS agreements across the country; and
Representation of property and tower owners in the negotiation of various telecommunications leases and agreements.
Solar Energy Transactions
Representation of a major utility company in the creation and negotiation of ground leases, option and purchase agreements, as well as other real estate documents in connection with the development of an approximately 1,000-acre 150 megawatt (MW) solar energy project located on the Eastern Shore of Maryland.
Representation of a national renewable energy company in the creation and negotiation of various real estate documents in the development of approximately 300 MW of solar energy generating facilities across approximately 6,000 acres of land in Maryland and Virginia.
Representation of a national renewable energy company in the development of real estate documents for the development of solar energy generating facilities in urban and agricultural areas across Maryland.
Representation of a national renewable energy company in the negotiation of various real estate documents as well as title and survey matters in connection with the development of a solar energy-generating facility on federal government-owned land.
Recognition
- The Best Lawyers in America®, 2023-2026
- The Best Lawyers in America®, Lawyer of the Year – Leisure and Hospitality Law, 2026
- American College of Real Estate Lawyers, Fellow, 2023
Publications
- Tailored Solutions: Exploring Build-to-Suit Leases, ACREL September 19, 2025
- CLE Speaker, “Is ‘Zealous’ a 4-Letter Word? The Line Between Zealous Advocacy and Unprofessional Conduct,” Advanced Commercial Leasing Institute, presented by ACREL, April 25, 2025
- CLE Speaker, “Casualties of Drafting Insurance-Related Lease Provisions: Damage, Recovery and Indemnities,” Advanced Commercial Leasing Institute, presented by ACREL, May 3, 2024
- CLE Speaker, “Negotiation Points in Subordination, Non-Disturbance and Attornment Agreements (SNDA),” MSBA Advanced Real Property Institute, November, 2023
- CLE Speaker, “Urban Street Retail Leasing,” ICSC Law Conference, October 2023
- CLE Speaker, “Life Science and Healthcare Retail Leasing”, Advanced Commercial Leasing Institute, Georgetown University Law Center, April 7, 2022
- CLE Speaker, “Leasing Trends Post-Covid”, Advanced Real Property Institute, Maryland State Bar Association, March 14, 2022
- Presenter – “Your Commercial Lease During the Pandemic”, 2021 Real Estate Strategy – Joint webinar with Cresa Real Estate, March 2021
- Speaker – Solar Deals 101, Virginia Solar Summit, March 2021
- CLE Speaker, “Tempus Fugit – Coordinating Construction Timing in Commercial Leases”, Advanced Commercial Leasing Institute, Georgetown University Law Center, 2021
- Presenter – “Select Issues in Commercial Real Estate Leases”, Shulman Rogers Webinar Presentation before the Association of Practicing Certified Public Accountants on May 2021
- CLE Speaker, “An Ounce of Prevention – How Proactively Structuring and Documenting Your Mixed-Use Project Can Solve Problems You Never Knew You Had”, Advanced Commercial Leasing Institute, Georgetown University Law Center, 2019
- CLE Speaker, “Wireless Infrastructure Leasing and Licensing: What Makes Pokemon Go” – Advanced Real Property Institute, Maryland State Bar Association, September 2016
- CLE Speaker, “Traps For The Unwary: Lease Clauses That Get No Respect in the LOI” Advanced Real Property Institute, Maryland State Bar Association, October 2014
- Round Table Speaker, “Renewal Options in Commercial Leases” U.S. Shopping Center Law Conference, International Council of Shopping Centers, 2012
- Round Table Speaker, “Accelerated Rent in Retail Leases” U.S. Shopping Center Law Conference, International Council of Shopping Centers, 2011
- Round Table Speaker, “Successful Strategies for Mixed-Use Development Around Transit” U.S. Shopping Center Law Conference, International Council of Shopping Centers, 2010
- Round Table Speaker, “Select Issues in Public-Private Partnerships for Transit-Oriented Development” U.S. Shopping Center Law Conference, International Council of Shopping Centers, 2009
- CLE Speaker, “Drafting Commercial Real Estate Leases: The Ins and Outs of Protecting Your Interests” National Business Institute, 2008
- The Next Stage of the Vested Rights Debate: The Virginia Supreme Court Validates the General Assembly’s Codification – And More – In Suffolk BZA v. City of Suffolk., The Fee Simple, Virginia State Bar Association, Real Property Section, Volume XXIV, Number 2, 2004
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