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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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Robyn Nordin Stowell

Robyn Nordin Stowell

Partner

Greenville ONE
2 W. Washington Street
Suite 400
Greenville, SC 29601
robyn.stowell@nelsonmullins.com

A highly experienced real estate and business attorney, Robyn is one of only a handful of attorneys recognized nationally in the hospitality and resort industries for her unique experience in golf course and private club matters. She represents clients throughout the United States, including properties that are recognized as some of the most exclusive in the...

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A highly experienced real estate and business attorney, Robyn is one of only a handful of attorneys recognized nationally in the hospitality and resort industries for her unique experience in golf course and private club matters. She represents clients throughout the United States, including properties that are recognized as some of the most exclusive in the world.

Working closely with private clubs, golf resorts, non–profit entities, developers, borrowers, lenders, and member groups, Robyn brings her extensive industry expertise and experience to bear when developing creative solutions to achieve her client’s goals and resolve their pressing legal issues. She advises clients on club turnovers, equity conversions, the purchase, sale, and financing of golf and resort assets, structuring of member–financed renovation and expansion programs, contract negotiations, and the sale of amenities valued in the tens of millions of dollars. 

Robyn is particularly experienced in complex real estate and financial transactions involving multiple sellers and buyers with golf, spa, retail, fitness, clubhouse, and residential community assets. She regularly counsels private clubs on governance and membership issues and advises clients on a wide range of legal issues, including restructuring of club operations and membership offerings, cybersecurity and data privacy, contracts, water, insurance, employment, operations best practices, and settlements involving real estate, golf course, and club litigation.

As a national thought leader in the private club and golf resort sector, Robyn is a regular contributing columnist to BoardRoom Magazine writing on topics that are timely for club operations and governance. She is a frequent presenter at the Club Management Association of America’s (CMAA) Business Management Institute, CMAA Annual World Conference and CMAA Chapter meetings around the country.

Robyn Nordin Stowell

world.

Working closely with private clubs, golf resorts, non–profit entities, developers, borrowers, lenders, and member groups, Robyn brings her extensive industry expertise and experience to bear when developing creative solutions to achieve her client’s goals and resolve their pressing legal issues. She advises clients on club turnovers, equity conversions, the purchase, sale, and financing of golf and resort assets, structuring of member–financed renovation and expansion programs, contract negotiations, and the sale of amenities valued in the tens of millions of dollars. 

Robyn is particularly experienced in complex real estate and financial transactions involving multiple sellers and buyers with golf, spa, retail, fitness, clubhouse, and residential community assets. She regularly counsels private clubs on governance and membership issues and advises clients on a wide range of legal issues, including restructuring of club operations and membership offerings, cybersecurity and data privacy, contracts, water, insurance, employment, operations best practices, and settlements involving real estate, golf course, and club litigation.

As a national thought leader in the private club and golf resort sector, Robyn is a regular contributing columnist to BoardRoom Magazine writing on topics that are timely for club operations and governance. She is a frequent presenter at the Club Management Association of America’s (CMAA) Business Management Institute, CMAA Annual World Conference and CMAA Chapter meetings around the country.

A highly experienced real estate and business attorney, Robyn is one of only a handful of attorneys recognized nationally in the hospitality and resort industries for her unique experience in golf course and private club matters. She represents clients throughout the United States, including properties that are recognized as some of the most exclusive in the... world.

Working closely with private clubs, golf resorts, non–profit entities, developers, borrowers, lenders, and member groups, Robyn brings her extensive industry expertise and experience to bear when developing creative solutions to achieve her client’s goals and resolve their pressing legal issues. She advises clients on club turnovers, equity conversions, the purchase, sale, and financing of golf and resort assets, structuring of member–financed renovation and expansion programs, contract negotiations, and the sale of amenities valued in the tens of millions of dollars. 

Robyn is particularly experienced in complex real estate and financial transactions involving multiple sellers and buyers with golf, spa, retail, fitness, clubhouse, and residential community assets. She regularly counsels private clubs on governance and membership issues and advises clients on a wide range of legal issues, including restructuring of club operations and membership offerings, cybersecurity and data privacy, contracts, water, insurance, employment, operations best practices, and settlements involving real estate, golf course, and club litigation.

As a national thought leader in the private club and golf resort sector, Robyn is a regular contributing columnist to BoardRoom Magazine writing on topics that are timely for club operations and governance. She is a frequent presenter at the Club Management Association of America’s (CMAA) Business Management Institute, CMAA Annual World Conference and CMAA Chapter meetings around the country.

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

  • Represented developers and member groups in golf and private club turnovers and equity conversions with assets valued in the many tens of millions of dollars.  Provided legal guidance on significant securities law, corporate and real estate issues involving unique legal issues specific to private clubs
  • Served as counsel to developers of award–winning master–planned communities including negotiation and documentation of transactions, due diligence, transferred assets.  Addressed additional issues related to liability, real estate, water, insurance, contracts, and employment
  • Counseled member–controlled private clubs and developer–controlled clubs on restructuring club operations and membership offerings, and addressed bankruptcy issues
  • Counseled buyers and sellers of golf courses including properties recognized as some of the Top 100 golf courses in the world
  • Assisted client in assembling all assets to be transferred including golf courses, club house, related spa, fitness, restaurant and coffee company.  Complex structure involved multiple relationships between buyer and seller, including drafting and negotiating management agreements, leases, long–term cooperation agreement, right of first offer, and security documents.
  • Assisted private club in assembling multiple real estate parcels into collective lots that could be transferred.  Drafted forward–looking deed restrictions and covenants to address the club’s future inside the residential community.
  • Created a market–based pricing program successfully used by many high–end clubs to eliminate their resigned list liability and address recent economic challenges
  • Assisted golf course clients on matters related to financing and significant golf–related lending work, including hundred–plus million–dollar golf course and resort loans
  • Developed and advised clients on unique structures to allow the sale, lease or restructuring of troubled clubs and club assets.
  • Led negotiation and implementation of settlement of real estate and golf course litigation demanding $750 million in remedies and provided significant real estate and business support for other litigation
  • Advised homeowner associations and condominium associations on best practices in their governance and addressed liability and operations issues prior to and after turnover
  • Represented developers of condominiums and mixed–use projects involving complex purchase and sale documents, and due diligence of real estate, water, facilities, financials and all operational matters. 
  • Represented owner of mixed–use property in tenant leases and lease modifications, addressed CC&R issues and access easement issues, and handled ongoing tenant and business matters for property; handled all aspects of refinancing transaction; negotiated and documented sale transaction for ultimate disposition of project
  • Represented lender in multiple loans secured by income producing real estate in Arizona, including negotiating loan documents and opinion letters, and review of title, survey and tenant documents
  • Advised golf and club owners in all areas of operations, such as employment, tax, membership, corporate, securities, financing, leasing, member discipline, privacy, cyber security and insurance coverage
  •  Represented buyers, sellers, developers, landlords, lenders and others in a variety of real estate developments and transactions

Education

  • Georgetown University Law Center, JD (1988)
  • University of Kansas, BA, with honors (1985)

Admissions

  • Not Admitted in South Carolina
  • Arizona
  • Florida
  • North Carolina
  • Supreme Court of the United States
  • U.S. District Court for the District of Arizona

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.

  • State Bar of Arizona
  • Maricopa County Bar Association
    • Former Board of Trustees Member
  • Former Board Member, National Club Association
  • Former Corporate Member, National Golf Course Owners Association
  • Former Member, Arizona Character Education Blue Ribbon Task Force, Arizona Department of Education
  • Former Vice President and Board Member, Arizona Character Education Foundation
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