Represented landlords and property managers with respect to cannabis-industry facilities in Michigan.
Paul S. MagyPaul Magy Clark Hill
Paul S. Magy
Paul S. Magy is a member of Clark Hill's Real Estate Practice Group, the Commercial and Public Finance Group and the Corporate Restructuring and Bankruptcy Group. His extensive commercial real estate experience includes acquisition, development, finance, zoning, leasing and sale of commercial real estate, in addition to litigation related to those areas, including receiverships, distressed assets and retailer bankruptcy. Paul also has a substantial amount of experience representing all forms of commercial property owners, developers, property managers and brokers.
Paul has more than 30 years of legal experience in all aspects of the shopping center industry, including big box, shop and specialty tenant leasing. Whether it is acquiring property, developing the land, leasing it or managing it, Paul is experienced in handling all issues that arise in the world of shopping centers and retail developments. He has counseled clients on successful developments, redevelopments, renovations, "de-mallings" and related tenant relocations. Paul functions as an outside general counsel for a number of clients and is frequently consulted on matters of lease interpretation in order to develop specific strategies to avoid or resolve lease disputes, is engaged to negotiate resolution or to litigate them if necessary. Paul's Landlord/Tenant litigation experience includes disputes related to such matters as cotenancy requirements, exclusives, bankruptcy, no build zones, radius restrictions, construction issues, lease assignments, union labor related issues, zoning and the like. Paul is often relied upon by his clients to assist in CAM audit disputes. A sample of Paul's recent litigation cases includes injunctive relief enforcing an operating covenant, an arbitration over a tenant's exclusive rights, a declaratory judgment action over the viability of a recapture right, and a rescission case alleging leasing agent fraud. Paul has litigated cases in state, federal and bankruptcy courts and in various state and federal courts of appeal.
Paul is actively involved in a number of organizations throughout the community. He is the Immediate Past President of the Building Owners and Managers Association (BOMA) of Metropolitan Detroit and a Past State Director of the International Council of Shopping Centers (ICSC) and was awarded its highest honor, the Trustees Distinguished Service Award. Paul is currently chair of the Michigan's ICSC's Continuing Education Program for Real Estate Professionals and frequently presents at seminars and programs on a variety of real estate related topics. His expertise in the area of shopping center related law and involvement with ICSC earned him a seat on ICSC’s Legal Advisory Council in 2002. He was appointed Chairman in 2012.
Prior to joining Clark Hill, Paul was a founding member of Kupelian Ormond & Magy (KOM) - a Southfield, Michigan based law firm that joined with Clark Hill in 2012.
Paul graduated from Wayne State University Law School in 1982. He is a Fellow of the Michigan State Bar Foundation and a Life Member of the Judicial Conference of the U.S. Court of Appeals for the Sixth Circuit. Paul has been actively involved as an officer, trustee or director of a number of educational, religious and charitable institutions, and he has presented or facilitated at seminars and programs on topics related to leadership development, programming and fundraising. He served as President of Adat Shalom Synagogue, a 1,000 member family congregation in Farmington Hills, Michigan, between 2004-2006. Paul became Chair of the Board of Advisors of the Rabbinical School of Jewish Theological Seminary of America, located in New York, N.Y., in 2006, a board he has served upon since 1998.
Honors and Awards
- Named AV Preeminent, Martindale-Hubbell's highest possible rating, in both Legal Ability and Ethical Standards since 2009
- Trustees Distinguished Service Award in 2012, ICSC
- Included in The Best Lawyers in America in the areas of Bankruptcy and Creditor-Debtor Rights Law and Real Estate Law since 2009
- Listed among Top Attorneys in Michigan by American Registry since 2009
- dBusiness Top Lawyer since 2010, dBusiness magazine
- Michigan Super Lawyer since 2009, Super Lawyers
- Speaker - "That Was Not What the Parties Intended" and Other Phrases Nobody Wants to Hear: Drafting to Avoid (Win) Litigation, ICSC 2020 Ohio, Kentucky, Indiana, Michigan and Pennsylvania Retail Development and Law Symposium, Columbus, Ohio
- Speaker - No Such Thing as Boilerplate: Provisions in Leases and Other Contracts You Really Should Not Ignore, 2020 BOMA Mega Education Program, Detroit, Michigan
- Speaker - Litigation: Is it Implied in Your Lease, ICSC 2020 U.S. Shopping Center Law Conference, Orlando, Florida
- Speaker - Setting the Table with Boilerplate: Negotiating Standard Provisions and Present the Hostess from Getting Away with the Mostest, ICSC 2019 U.S. Shopping Center Law Conference, San Diego, California
- Speaker - Interactive Mock Commercial Lease Negotiation—Key Points, 2019 BOMA Mega Education Program, Detroit, Michigan
- Speaker - Remedies, Recoverable Damages and Creative Solutions: What You Want vs. What You Need vs. What You Can Get, ICSC 2018 U.S. Shopping Center Law Conference, Orlando, Florida
- Speaker - Interactive Mock Real Estate Purchase Agreement Negotiation—Key Points, 2018 BOMA Mega Education Program, Detroit, Michigan
- Speaker - The Dynamic World of Retail Anchor and Box Sizing, Issues, Challenges and Opportunities in Shrinking and “Right-Sizing” Retail Premises, ICSC 2017 Ohio, Kentucky, Indiana, Michigan and Pennsylvania Retail Development and Law Symposium, Columbus, Ohio
- Speaker - Anatomy of a Lease on Trial, ICSC 2017 U.S. Shopping Center Law Conference, San Antonio, Texas
- Speaker - Defaults and Remedies: Landlord-Tenant Update, Michigan Institute of Continuing Legal Education 2016
- Speaker - "When You Least Expect It, You Should Have Planned For It Anyway: Lease Defaults and Remedies," ICSC US Shopping Center Law Conference, Phoenix, AZ; 2015
- Speaker - “Lease Defaults and Remedies: Is the Answer in the Lease or Is It Pistols at Dawn,” ICSC 2014 U.S. Shopping Center Law Conference, Orlando, FL; 2014
- Speaker - “Lease Defaults and Remedies” ICSC 2014 Midwest Regional Retail Development and Law Symposium, Columbus, Ohio; 2014
- Panelist - "Non-Recourse Carve Outs, 'Bad-Boy' Guaranties and Personal Liability Revisited - What Was I Thinking When I Signed That?, "International Council of Shopping Centers; 2012
- Speaker - "An Interactive Approach to Tenant Concessions in a Tenant-Driven Market," Building Owners and Managers Association of Metro Detroit; 2012
- Speaker - "How 'Non-Recourse' is Your 'Non-Recourse' CMBS Loan? Reasons to be Paranoid," International Council of Shopping Centers; 2011
- Moderator - "Tenants in Trouble - Landlords Too: Alternatives for Landlords and Tenants to Consider," International Council of Shopping Centers; 2010
- Presenter - "Acquisition, Bankruptcy and Tax Considerations in Distressed Asset Purchases," American Bar Association; 2010
- Presenter - "The Nuts and Bolts of Retail Leasing: Bankruptcy and Insolvency," American Bar Association, Real Estate Section, Retail Leasing Committee; 2010
- Co-Chair and Speaker - "Not Your Grandmother's Bankruptcy: Innovation, Changes and Trends - What Do I Do Now?," International Council of Shopping Centers; 2009
- Speaker - "Doing Business in 2010 and Beyond - Maintaining Tenants Through Rent Reduction & Managing a Tenant Bankruptcy," Michigan International Council of Shopping Centers; 2009
- Speaker - "Hot Topics in Commercial Leasing," Building Owners and Managers Association; 2007
- Speaker - "Implications of Patriot Act and Anti-Terrorism Legislation and Regulation in Commercial Leases," International Council of Shopping Centers; 2006
- Speaker - "Landlord Tenant Law in Michigan: When the Tenant Files Bankruptcy," Sterling Education Systems; 2005
- Speaker - "Real Property Rights Under Assault: The Latest Bankruptcy Concerns for Landlords, Tenants and Lenders;" 2004