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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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Jay S. Claypoole

Jay S. Claypoole

Partner

Liberty Center
151 Meeting Street
Suite 600
Charleston, SC 29401
jay.claypoole@nelsonmullins.com

Jay is co–chairman of the firm's real estate group and practices in the areas of commercial real estate and business law.

Jay is co–chairman of the firm's real estate group and practices in the areas of commercial real estate and business law.

Jay S. Claypoole

Jay is co–chairman of the firm's real estate group and practices in the areas of commercial real estate and business law.

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.

Experience

  • Represents real estate developers, sponsors, investors and financial institutions in transactions involving industrial, commercial, hospitality resort and planned community property, including project entitlement
  • Represents timberland owners in connection with timberland purchase and sale agreements, fiber and wood supply agreements
  • Development, documentation and operation of planned and mixed–use communities, condominiums, condominium hotels, hotels, rental management programs, and homeowners' associations 

Representative Transactions

  • Public–private partnership for a tech–focused office building and parking garage project located in an Opportunity Zone, including joint venture, construction financing and leasing work
  • Documentation, purchase and sale of a mixed–use multi family and office project and development and financing of a mixed–use hospitality and retail project, each in midtown Charleston
  • Acquisition at foreclosure sale, development (including renegotiation of entitlements) and phased disposition of a master planned community, including residential lot sales to builders in a builder program and sales of commercial tracts to big box retailer, multifamily developers and commercial users
  • Acquisition through public bid process, entitlement and development (including local, state and federal environmental permitting) of waterfront hospitality project
  • Development of resort hotel, and documentation, financing, development and sale of condominium hotel
  • Acquisition and disposition of more than 1 million acres of timberland throughout the Southeast since 2007 in multiple transactions

Education

  • University of South Carolina School of Law, JD, cum laude (2003)
    • Named to the Order of the Coif
    • Named to the Order of Wig and Robe
    • Editor in Chief, ABA Real Property, Probate and Trust Journal
    • Carolina Legal Scholar
  • Duke University, BS, Engineering (1998)
  • Woodberry Forest School (1994)

Admissions

  • South Carolina

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.

  • South Carolina Bar
  • Hotels, Resorts, and Tourism Committee, American Bar Association
  • Forest Resources Committee, American Bar Association
  • Operation Home, Board of Directors 
  • French Protestant Huguenot Church, Board of Elders
  • Chairman, City of Charleston Board of Architectural Review – Small (2017–2020)
  • Founding Member, The First Tee of Greater Charleston
  • Assistant Editor, ABA Real Property, Trust and Estate Law Journal
  • Chairman, City of Charleston Board of Architectural Review – Small (2017–2020)
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