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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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Stacey Halpern

Stacey Halpern

Partner

360 S. Rosemary Avenue
Suite 1410
West Palm Beach, FL 33401
stacey.halpern@nelsonmullins.com

Stacey focuses her practice on all aspects of complex commercial and residential real estate sales and acquisitions, financing, and related transactions. She also has extensive experience in commercial leasing transactions, including drafting and negotiating office, retail, industrial, and wireless leases.

She has represented clients in connection with the acquisitions and financings of Assisted Living Facilities (ALF’s)...

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Stacey focuses her practice on all aspects of complex commercial and residential real estate sales and acquisitions, financing, and related transactions. She also has extensive experience in commercial leasing transactions, including drafting and negotiating office, retail, industrial, and wireless leases.

She has represented clients in connection with the acquisitions and financings of Assisted Living Facilities (ALF’s) in Florida and office buildings and other commercial properties located throughout the United States. Stacey represents lenders and borrowers in an array of financing transactions, including CMBS financing, leasehold financings, mezzanine financing, loan restructures and workouts, forbearance agreements, loan sales, and all other loan documentation. She has lectured on numerous aspects of the Uniform Commercial Code (UCC).

Stacey also has experience in the wireless real estate industry, including representing service carriers and cable, Internet, and alarm providers in leases and other agreements with developers, homeowners’ associations, and condominium associations.

She has experience handling a variety of corporate transactions, including negotiating and drafting formation and governing documentation, and representing clients in connection with the purchase and sale of stock, membership and partnership interests, and other asset purchase and sale agreements.

Stacey Halpern

in Florida and office buildings and other commercial properties located throughout the United States. Stacey represents lenders and borrowers in an array of financing transactions, including CMBS financing, leasehold financings, mezzanine financing, loan restructures and workouts, forbearance agreements, loan sales, and all other loan documentation. She has lectured on numerous aspects of the Uniform Commercial Code (UCC).

Stacey also has experience in the wireless real estate industry, including representing service carriers and cable, Internet, and alarm providers in leases and other agreements with developers, homeowners’ associations, and condominium associations.

She has experience handling a variety of corporate transactions, including negotiating and drafting formation and governing documentation, and representing clients in connection with the purchase and sale of stock, membership and partnership interests, and other asset purchase and sale agreements.

Stacey focuses her practice on all aspects of complex commercial and residential real estate sales and acquisitions, financing, and related transactions. She also has extensive experience in commercial leasing transactions, including drafting and negotiating office, retail, industrial, and wireless leases.

She has represented clients in connection with the acquisitions and financings of Assisted Living Facilities (ALF’s)... in Florida and office buildings and other commercial properties located throughout the United States. Stacey represents lenders and borrowers in an array of financing transactions, including CMBS financing, leasehold financings, mezzanine financing, loan restructures and workouts, forbearance agreements, loan sales, and all other loan documentation. She has lectured on numerous aspects of the Uniform Commercial Code (UCC).

Stacey also has experience in the wireless real estate industry, including representing service carriers and cable, Internet, and alarm providers in leases and other agreements with developers, homeowners’ associations, and condominium associations.

She has experience handling a variety of corporate transactions, including negotiating and drafting formation and governing documentation, and representing clients in connection with the purchase and sale of stock, membership and partnership interests, and other asset purchase and sale agreements.

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

  • Served as lead attorney of a team that represented a master developer of a mixed–use commercial real estate development to consist of a residential apartment building, multi–story parking garage, a hotel, retail space, an upscale restaurant and a park component. The client purchased a portion of the development from the City of West Palm Beach, Florida (“City”) and ground leased a portion of the project from the local community redevelopment agency (“CRA”). The team negotiated the transaction documentation with the City, the CRA, the client’s hotel partner developer and apartment complex partner developer. The documentation included the applicable development agreements, declaration of covenants and restrictions, the ground lease and all other relevant real estate documentation. 
  • Ongoing representation of clients in the acquisitions, financing and operation of assisted living facilities. 
  • Ongoing representation of a developer/operator of the largest office complex in the Fort Lauderdale area with negotiations of new leases, lease amendments, construction projects, etc. with national and local tenants, including negotiating all documentation to issue title and consummate fee and leasehold financing. This representation includes continuing negotiation of all aspects of the Ground Lease with the City of Fort Lauderdale for the office complex. 
  • Ongoing representation of a law firm with its office leasing, acquisition and expansions throughout the State of Florida and in conjunction with local counsel, in the Southeast.
  • Ongoing representation of a South Florida hospital district in its office and retail leasing, including negotiating its urgent care leases for stand–alone out–parcels and various lease documentation as both landlord and tenant in office buildings. 
  • Represented the developer of a large golf course community in West Palm Beach, Florida, in connection with the re–platting of its three golf courses and other golf club property. The replat of the golf courses and golf club property was done in conjunction with the conveyance by the developer of all the golf club property to the equity club members. 
  • Represented a client entity in connection with its purchase from an institutional bank of a non–performing $30 million loan that was the subject of pending foreclosure action by the bank. An additional component of this transaction involved the representation of an affiliated client entity in connection with the purchase of all of the membership interests of the existing borrower and fee owner of the mortgaged property that was the subject of the foreclosure action, as well as the purchase of an outstanding mezzanine loan to the existing borrower. 
  • Represented a real estate developer in the consummation of a closing with a non–profit corporation dedicated to conservation and preservation of land. The transaction involved a unique structure related to the developer’s ownership of over 5,000 acres of vacant land in Polk County, Florida, including a donation to the non–profit corporation of approximately 1,130 acres of land and a sale of an undivided interest in the remaining 4,000 acres. As part of this transaction, the developer and the non–profit corporation entered into a long–term “strategic alliance” to utilize portions of the 4,000 acres for future wetland mitigation banks and conservation banks. 

Languages

  • Spanish, conversationally fluent

Education

  • Emory University School of Law, JD (2001)
  • University of Florida, BS, Journalism (1998)

Admissions

  • Florida

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.

  • Member, The Florida Bar
  • Member, Executive Board of the Pine Crest School PA 
  • Member, Florida Assisted Living Association
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