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, David 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.

David 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. David 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.


Best Lawyers Award Badge

Education

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

Admissions

  • Ohio
  • U.S. Court of Appeals, 6th District
  • U.S. District Court, Northern District of Ohio
  • Ohio Supreme Court

Awards

  • The Best Lawyers in America© 2013-2021
  • Super Lawyers Rising Stars®, 2005-2009

Articles

  • "Can You Use PPP Loan Proceeds to Pay Your Rent or Mortgage?," Crain's Cleveland Business, May 2020
  • "Don't Be Surprised - QOZs are not like traditional real estate investments," McCarthy Lebit Real Estate Law Blog, March 2020
  • "There's Gold in Them Thar Brownfields!," Crain's Cleveland Business, October 2019
  • "A package deal - What to do when the sale of your business and real estate are separate," Smart Business News Magazine, December 2015

Presentations

  • Building/Renovating Your Dream Home: Pitfalls of Residential Construction Contracts, Women in Law, Cleveland Metropolitan Bar Association, June 2021

Experience

$2 Billion Client Acquisition Transaction

Read More

$2 Billion Client Acquisition Transaction

Facilitated a client’s acquisition of a network of 23 owned food distribution centers as part of a larger $2 billion transaction.

Facilitated Client Acquisition of 17 Distribution Centers

Read More

Facilitated Client Acquisition of 17 Distribution Centers

Facilitated a client’s acquisition of 17 leased and owned distribution centers and ancillary facilities in connection with the acquisition of a consumer products distributor.

Serve as National Real Estate Counsel

Read More

Serve as National Real Estate Counsel

Serve as national real estate counsel to a Fortune 500 food distribution company that operates a network of over 115 leased and owned distribution centers and over 50 ancillary sites.

Represent Management Team in $12M Seller Financed Buy-Out

Read More

Represent Management Team in $12M Seller Financed Buy-Out

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

Read More

Represent Manufacturing Company in Forbearance Negotiations and Restructuring of Debt

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

Enforcement of Franchise Agreement and Non-Compete Provisions

Read More

Enforcement of Franchise Agreement and Non-Compete Provisions

Represent Franchisor in Enforcement of Franchise Agreement and Non-Compete Provisions.

Represent Investors in Formation of Limited Liability Company

Read More

Represent Investors in Formation of Limited Liability Company

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

Represent Joint-Venture Investor

Read More

Represent Joint-Venture Investor

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

Represent Joint-Venture and Acquisition Client

Read More

Represent Joint-Venture and Acquisition Client

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

Represent National Retailer in Leasing and Development

Read More

Represent National Retailer in Leasing and Development

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

Represent National Service in Development and Leasing of New 250,000 sq. ft. HQ Facility

Read More

Represent National Service in Development and Leasing of New 250,000 sq. ft. HQ Facility

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

Read More

Represent Petroleum Retailer

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

Represent Community College in Acquisition of Raw Land for Development

Read More

Represent Community College in Acquisition of Raw Land for Development

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 300,00 sq. ft. Facility

Read More

Represent Manufacturer in Leasing of 300,00 sq. ft. Facility

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

Find A Lawyer

D
E
I
J
Q
T
U
V
X
Y
Z