David A. Lum is a Principal at McCarthy Lebit. His clients have come to rely upon him as their outside general counsel – becoming the first call they make when they have a legal issue or need advice. In this capacity, David handles all of their legal needs, from entity formation and contract negotiation to buy-sell agreements, mergers and acquisitions, corporate governance, real estate, resolving employment issues and litigation management.

As a part of getting to know each client, Mr. Lum invests his own time in learning their individual business. This knowledge helps him provide effective and efficient advice and counsel and be a valuable contributor to the company’s mission, strategic objectives and his ability to quickly resolve day-to-day legal issues.

Mr. Lum recognizes that business owners and executives want to contain legal costs, ideally spending only on projects that preserve or enhance company value. Thus, his approach focuses on preventing problems before they arise and mitigating cost and exposure when legal problems do arise.

He has extensive experience in all aspects of the corporate real estate life cycle, including acquisition, development, leasing, financing, divestiture, condemnation and property tax contests. Mr. Lum has worked extensively with retail real estate – representing a national retailer in leasing, development and roll out of over 100 free standing retail stores nationwide and another national retailer in the divestiture of hundreds of facilities throughout the Midwest. He also assists his manufacturing and service business clients in maximizing their investment in real estate – negotiating new office leases, developing new facilities, facilitating sale-leaseback transactions and completing structured finance transactions. He also has extensive experience in the real estate aspects of M&A transactions.

Education

  • Case Western Reserve School of Law
    • Juris Doctor, cum laude
  • Tufts University
    • Bachelor of Arts in English/Psychology

Awards

  • The Best Lawyers in America© 2013-2019
  • Rising Star by Super Lawyers, 2005-2009

Articles

  • "A package deal - What to do when the sale of your business and real estate are separate," Smart Business News Magazine, December 2015

Experience

Represent management team in $12M seller financed buy-out of a 200-employee old line manufacturing company with ongoing environmental and pension liabilities. Represent same management team in subsequent $54M sale of business to private equity.

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Represent management team in $12M seller financed buy-out of a 200-employee old line manufacturing company with ongoing environmental and pension liabilities. Represent same management team in subsequent $54M sale of business to private equity.

Represent manufacturing company in forbearance negotiations and restructuring of debt, leading to significant forgiveness of debt by lender.

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Represent manufacturing company in forbearance negotiations and restructuring of debt, leading to significant forgiveness of debt by lender.

Represent Franchisor in enforcement of franchise agreement and non-compete provisions.

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Represent Franchisor in enforcement of franchise agreement and non-compete provisions.

Represent investors in formation of limited liability company to purchase, rehab and rent foreclosed residential property.

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Represent investors in formation of limited liability company to purchase, rehab and rent foreclosed residential property.

Represent joint-venture investor in formation of and investment in entity designed to commercialize consumer products and accelerate their delivery to market.

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Represent joint-venture investor in formation of and investment in entity designed to commercialize consumer products and accelerate their delivery to market.

Represent tree service business in formation of joint venture and acquisition of assets of related business line.

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Represent tree service business in formation of joint venture and acquisition of assets of related business line.

Represent national retailer in the leasing, development and roll-out of more than 100 freestanding retail locations nationwide.

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Represent national retailer in the leasing, development and roll-out of more than 100 freestanding retail locations nationwide.

Represent national expedited courier service in the sale of their existing headquarters building and the development and leasing of new headquarters facility in excess of 250,000 square feet.

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Represent national expedited courier service in the sale of their existing headquarters building and the development and leasing of new headquarters facility in excess of 250,000 square feet.

Represent petroleum retailer in the disposition of numerous retail facilities throughout the Midwest.

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Represent petroleum retailer in the disposition of numerous retail facilities throughout the Midwest.

Represent community college in the acquisition of raw land for development of new facility and the acquisition of an existing building for conversion to office headquarters.

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Represent community college in the acquisition of raw land for development of new facility and the acquisition of an existing building for conversion to office headquarters.

Represent manufacturer in leasing of 300,000 square foot regional distribution and warehouse facility.

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Represent manufacturer in leasing of 300,000 square foot regional distribution and warehouse facility.

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