Marc B. Bergoffen is committed to getting deals done in the most efficient manner possible. Clients like his direct, keep-your-eye-on-the-ball approach, and opposing parties often thank him for his professionalism in bringing transactions to resolution. In recent years, Marc has been using his collaborative and creative approach to help clients through ongoing challenges faced by economic chances brought on by the COVID-19 pandemic.
Representing clients with local, regional and national real estate interests, Marc focuses on a variety of matters with an emphasis on the acquisition, disposition, management, leasing and financing of various real estate asset types, including retail, office and industrial.
Marc has significant experience structuring, drafting and negotiating complex lease transactions for his retail clients. His 20+ years of experience representing both landlords and tenants gives him a holistic view of the leasing process and insight into the latest trends and issues in the retail arena.
In addition to urban retail, shopping centers and enclosed mall clients, Marc has built a notable restaurant practice, often representing owners throughout the life-cycle of their business, from initial fundraising to entity creation to operations. Clients appreciate the depth and breadth of Marc’s experience and his ability to collaborate with attorneys in other practice groups to respond to the full range of their legal needs.
Marc regularly represents clients in the negotiation and preparation of various real estate documents relating to the development of solar energy facilities. His familiarity with the industry and experience with the processes for obtaining approvals from the State Board of Public Works helps cut through the red tape that might otherwise delay a project.
A recognized leader in his field, Marc was admitted as a Fellow to the American College of Real Estate Lawyers in 2023. ACREL is a nationally recognized organization incorporated to gather lawyers distinguished for their skill, experience and high standards of professional and ethical conduct in the practice of real estate law. Marc also serves on the Advisory Board for the Georgetown University Law Center’s Advanced Commercial Leasing Institute. He is a member of the Maryland State Bar Association, past Chair of the Real Property Section and is active in the Mid-Atlantic Division of the International Council of Shopping Centers and the Bar Association of Montgomery County, MD.
Marc is admitted to practice in the State of Maryland, the District of Columbia, the Commonwealth of Virginia and the State of Florida.
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 Washingon, 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; and
- Representation of a national golf course owner and manager in the structuring of a joint venture to acquire a portfolio of golf courses in Virginia.
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; and
- 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.
- The Best Lawyers in America, 2023, 2024
- 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