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General Resume
Notable Case Results
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| DAVID M. HERSHORIN, ESQ. |
Lead counsel for non-profit community hospital in Riverside, California:
- Negotiated and successfully litigated claims and liabilities in a Chapter 11 bankruptcy resulting in nearly $70m of savings;
- Developed and implanted strategy to save nearly $15m in insurance costs;
- Negotiated and documented over $80m in loans, including the U.S. Department of Housing and Urban Development's first ever 223(f)
loan commitment to insure a $29m mortgage for a non-profit community hospital.
Lead counsel for Several Commercial Loan Servicers/Institutional Lenders:
- Appointed Receivers in state and federal courts in California and Nevada;
- Successfully sold millions of dollars of commercial real estate through receiverships without the need to foreclose;
- Negotiated and documented loan restructuring and modifications for CMBS, portfolio, and other structured loans.
Lead counsel for Court appointed Receivers:
- Represented Court appointed Receiver for Citicorp Plaza in downtown Los Angeles, consisting of nearly 1.5m square feet of office and retail space. Managed team of
attorneys on matters involving bankruptcy, tax, and real property, in both litigation and transactional matters. Orchestrated and obtained a tax re-assessment of property
resulting in $90m reduction in tax role value, and received rebate of prior property tax payment of over $1m. Property ultimately sold to TrizecHahn for $128m (now part
of General Growth Properties);
- Represented Court appointed Receiver for center containing lease (guaranteed by TJX/Zayre Corporation)with former House2Home anchor tenant, on behalf of Receiver,
pursued and obtained a $4.5m settlement on the lease guaranty;
Examples of thinking "Outside the Box" to obtain favorable results:
- OCIE v. SCS, Inc., United States District Court, Southern District of Florida. Represented manufacturer of ocean cargo containers against purchaser who failed to pay OCIE.
After convincing U.S. District Court that claim fell under Federal Admiralty Rules, obtained a Rule D arrest warrant for containers. Recognizing that seizing over 2500
ocean containers throughout the world was a logistical nightmare and unfair to innocent owners of goods within containers, devised a plan to "arrest" (i.e. seize) lease
proceeds of containers directly paid from SCS' customers. The resulting effect of the lease attachment cut off virtually all cash flow to SCS and forced settlement of $3.2m.
- Jacobs v. Schlarrman, San Diego Superior Court Case. Represented purchaser of a private aircraft. After the sale, the former owner converted airplane claiming the broker
retained too much of the commission. Seller demanded that Mr. Jacobs pay the disputed amount. Mr. Hershorin obtained a prejudgment writ of possession and with the help of the
Sheriff's department, seized the aircraft. Mr. Hershorin also located the former corporate pilot, who under oath admitted that (i) the seller failed to reveal a known crack
in the wing spar (making aircraft unsafe to fly), (ii) in purchasing and financing airplane, the seller conspired to defraud (a) the government over sales tax, (b) the
financing company from whom he obtained a loan, and (c) a non-profit charity from whom he purchased the aircraft. In light of defendant's significant net worth and strong
likelihood of punitive damages, obtained a settlement of nearly four times (4x) the purchase price.
- Karcher v Monnig, San Bernardino Superior Court. Represented lead investor and founder of Carl's Jr. Hamburger chain in real estate investment dispute with prior management
of large scale development project. When Mr. Hershorin discovered proof of misappropriation of funds and negligence, Mr. Hershorin successfully convinced the Court to
appoint a Receiver to take control of over $100m of finished and unfinished projects including commercial centers, apartments, and residential housing tracts. While
securing the various projects, he also worked with several lenders to insure that their collateral was protected.
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