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November 16, 2021

7 Due Diligence Issues to Avoid False Claims Act Lawsuits

Nelson Mullins partners Jennifer Malinovsky and Ed White join Alice Harris, an attorney with Nexsen Pruet, to go over the key compliance areas to look for in due diligence. 

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Douglas M. Flaum

Douglas M. Flaum

Partner

Atlantic Station
201 17th Street NW
Suite 1700
Atlanta, GA 30363
doug.flaum@nelsonmullins.com

Doug  focuses on real estate and finance matters throughout the United States, including senior, mezzanine, and equity financing, as well as acquisitions, dispositions, development, foreclosures, and workouts.  

Prior to joining the Firm, Doug was a managing director of Turnstone Group LLC, an opportunistic real estate investment manager. While at Turnstone Group LLC, Doug focused on credit investments,...

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Doug  focuses on real estate and finance matters throughout the United States, including senior, mezzanine, and equity financing, as well as acquisitions, dispositions, development, foreclosures, and workouts.  

Prior to joining the Firm, Doug was a managing director of Turnstone Group LLC, an opportunistic real estate investment manager. While at Turnstone Group LLC, Doug focused on credit investments, including acquiring and monetizing non-performing loans and originating high-yield loans. Doug also provided legal counsel in connection with these responsibilities and in connection with various joint ventures.

Prior to joining Turnstone Group LLC, Doug practiced law at McKenna Long & Aldridge LLP, where he counseled opportunistic real estate investors, balance sheet lenders, CMBS special servicers, and CMBS master servicers on a multitude of commercial real estate and finance matters.

Douglas M. Flaum

including acquiring and monetizing non-performing loans and originating high-yield loans. Doug also provided legal counsel in connection with these responsibilities and in connection with various joint ventures.

Prior to joining Turnstone Group LLC, Doug practiced law at McKenna Long & Aldridge LLP, where he counseled opportunistic real estate investors, balance sheet lenders, CMBS special servicers, and CMBS master servicers on a multitude of commercial real estate and finance matters.

Doug  focuses on real estate and finance matters throughout the United States, including senior, mezzanine, and equity financing, as well as acquisitions, dispositions, development, foreclosures, and workouts.  

Prior to joining the Firm, Doug was a managing director of Turnstone Group LLC, an opportunistic real estate investment manager. While at Turnstone Group LLC, Doug focused on credit investments,... including acquiring and monetizing non-performing loans and originating high-yield loans. Doug also provided legal counsel in connection with these responsibilities and in connection with various joint ventures.

Prior to joining Turnstone Group LLC, Doug practiced law at McKenna Long & Aldridge LLP, where he counseled opportunistic real estate investors, balance sheet lenders, CMBS special servicers, and CMBS master servicers on a multitude of commercial real estate and finance matters.

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Representative Transactions

  • Origination of a bridge loan secured by a portfolio of 50 redevelopment properties located in Atlanta, Georgia.
  • Acquisition and sale of a portfolio of mezzanine loans, preferred equity interests, B-notes, loan participations and rake bonds.
  • Acquisition of subordinate debt secured by a portfolio of assisted living facilities throughout the United States, involving various intercreditor issues.
  • Acquisition of a portfolio of assisted living facilities throughout the United States.
  • Joint venture agreements with a multibillion dollar private equity fund.
  • Origination of a loan secured by a portfolio of retail properties throughout the United States.
  • Origination of a senior construction loan to build an assisted living facility in Florida, involving intercreditor issues.
  • Origination of a mezzanine loan to acquire a hotel in Georgia.
  • Origination of a revolving line of credit to build single family homes in Alabama.
  • Acquisition of non-performing loan secured by shopping center in Georgia, involving creditor-debtor issues and the financing of such loan acquisition.
  • Acquisition and workout of participations in a development loan (governed by FDIC loss-share agreements), involving intercreditor issues, the development of residential lots in Georgia and the sale of lots to a national homebuilder.
  • Acquisition, workout and foreclosure of a loan portfolio, involving loan participations, intercreditor issues, bankruptcies and various development issues relating to assets in Alabama, Georgia and Illinois.
  • Workout of a loan secured by a regional mall in Ohio in the context of a high profile REIT bankruptcy.
  • Workout of a loan secured by South Carolina office buildings and a ground lease of retail space in the context of a UCC foreclosure by a mezzanine lender.
  • Mezzanine loan takeback, condominium turnover, and disposition of several fractured condominium projects in Florida.
  • Foreclosure of a ski resort in Colorado involving various development and use restrictions.

Education

  • University of Miami School of Law, LLM, Real Property Development (2006)
  • University of Miami School of Law, JD (2005)
  • Emory University, BA, Economics (2002)

Admissions

  • Georgia

Practice Areas

Industries

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

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