Education

• Miami University

  (B.A., 1980)

• Case Western Reserve University School of Law

  (J.D., 1983)

Admissions

• State of Ohio
• U.S. District Court, Northern District of Ohio

REPRESENTATIVE EXPERIENCE

Finance Matters

• Extensive experience in all aspects of commercial lending, representing lenders and borrowers who need to make or obtain revolving lines of credit, term loans, asset based loans, cash flow loans, private equity financing, mezzanine loans, acquisition loans, SBA loans, PPP loans, and equipment lease financing.
• Represented many lenders and borrowers on real estate acquisition loans, construction loans, refinancings, restructurings, brownfield clean-up loans, and seller financing.
• Represent lenders making commercial loans to professional service firms and their principals, including loans for accounting, architectural, broker-dealer, engineering, legal, and investment management enterprises.
• Represent agents and participants in club and syndicated commercial loan transactions.
• Advises numerous lenders who need to make mezzanine and other negotiated subordinated financings, including financial institutions, venture capital funds, community banks, pension funds, private lenders, and hedge fund investors.
• Represents banks and private lenders who are having trouble getting their loans repaid, including extensive experience in challenging loan workouts, forbearance arrangements, and related creditors’ rights issues.

Corporate, Business, and M&A Matters

• Has over 38 years’ practical experience guiding business owners and developers who want to maximize their equity investments, grow their businesses, optimize opportunities, structure and negotiate corporate transactions, complete mergers & acquisitions, buy or sell assets and real estate, complete management buyouts, negotiate public and private financing solutions, recapitalize, and adopt best-practice corporate governance policies.
• Advises closely held businesses, both mature and emerging companies, on transactions, general corporate issues, real estate issues, loss and risk avoidance, licenses, data security, intellectual property protection, strategic planning, financing challenges, crisis management, and majority/minority shareholder disputes.
• Guides businesses in structuring, negotiating, and closing financing and refinancing to help leverage growth, create jobs, and increase profits.
• Counseled business owners in manufacturing, distribution, warehousing, service, technology, real estate development, and other industries.
• Guides business owners through succession planning and exit strategy issues as well as how to integrate decisions with their estate plans.
• Guides businesses and individuals through entity choice, incorporation, limited liability company formations, business plans, and implementation strategies.
• Negotiated and drafted numerous contracts with suppliers, customers and licensors, purchase and sale agreements, stock restriction agreements, employment agreements, deferred compensation, and non-compete agreements.

Real Estate Matters

• Handled numerous transactions for buyers and sellers of commercial, office, industrial, mixed-use, multi-family, hotel, and shopping center properties.
• Represented borrowers, developers, and lenders in the financing and refinancing of many commercial, office, industrial, mixed-use, multi-family, hotel, and shopping center properties.
• Represented developers in the acquisition, historic restoration or adaptive re-use of commercial real properties utilizing Historic Tax Credits, New Markets Tax Credits, Tax Increment Financing (TIF), and other alternative financing sources.
• Represented governmental entities and developers on TIF and CRA project financings.

Client Alerts

• "Are My Bank Deposits Insured by the FDIC?," Ulmer & Berne LLP Client Alert (March 2023)
• "Federal Government Makes Significant Moves to Instill Confidence in US Banking System," Ulmer & Berne LLP Client Alert (March 2023)
• "How Silicon Valley Bank’s Shutdown Affects Venture Companies," Ulmer & Berne LLP Client Alert (March 2023)
• "Economic Aid Act – PPP Loan Program Reopened and Expanded," Ulmer & Berne LLP Client Alert (January 2021)
• "The CARES Act Update – PPP Flexibility Act of 2020," Ulmer & Berne LLP Client Alert (June 2020)
• "The CARES Act Update – Safe Harbor Materially Revised," Ulmer & Berne LLP Client Alert (May 2020)
• "PPP New Safe Harbor – SBA Publishes Important Updates to FAQ and New May 18, 2020 Deadline," Ulmer & Berne LLP Client Alert (May 2020)
• "The CARES Act Update – Paycheck Protection Program: Expanded SBA 7(a) Emergency Loans for Small Businesses Suffering COVID-19-Related Economic Injury," Ulmer & Berne LLP Client Alert (April 2020)
• "The CARES Act – Paycheck Protection Program: Expanded SBA 7(a) Emergency Loans for Businesses," Ulmer & Berne LLP Client Alert (March 2020)
• "SBA COVID-19 Economic Injury Disaster Loans and More," Ulmer & Berne LLP Client Alert (March 2020)

Publications

• “TIFs – A Development Tool Gaining Favor,” Cleveland Metropolitan Bar Journal (November 2021)
• “Tools for Brownfield Redevelopment,” Properties Magazine (June 2017)

Presentations

• “Transactional Law v. Litigation,” Panelist, Case Western Reserve University School of Law (February 2023)
• “PPP Loan Forgiveness Update,” Cleveland Metropolitan Bar Association Webinar (June 2020)
• “PPP Loan Forgiveness – Some Answers, Difficult Questions,” Ulmer Webinar (May 2020)
• “Important Recent PPP Updates, New Rules and Deadlines—The Latest Information,” Ulmer Webinar (May 2020)
• “SBA Disaster Assistance Loans, Obtaining and Preserving Cash, and Other Remedies Under the New CARES Act,” Ulmer Webinar (April 2020)
• “Mercy Mercy Me, We Need Money: Alternative Financing Sources & Incentives,” Cleveland Metropolitan Bar Association, 40th Annual Real Estate Institute (November 2018)
• “Alternative Financing Sources for Redevelopment of Property,” Cleveland Metropolitan Bar Association, Environmental Law Institute: The Redevelopment and the Revival of Cleveland (December 2017)
• “Lessons Learned in Workouts 2009,” Hot Topics: Financial Services Update 2009 (December 2009)
• “The Bailout Buzz – What’s the Latest?” Hot Topics: Financial Services Update 2008 (December 2008)
• “Subprime Mortgage Meltdown,” Hot Topics: Financial Services Update 2007 (November 2007)

PROFESSIONAL AFFILIATIONS

• American Bar Association
• Ohio State Bar Association
• Cleveland Metropolitan Bar Association

COMMUNITY INVOLVEMENT

• Growth Capital Corporation (Chairman, 2017 to present; Vice President, 2005 to 2016; Director 2003 to present)
• Brecksville United Methodist Church (Chair of Finance Committee, 2014-2017)
• Brecksville-Broadview Heights City School District Board of Education (President, 2006-2007; Vice President, 2005; Member, 2004-2011 Term)
• Brecksville-Broadview Heights Schools Foundation (School Board Representative, 2006-2011; President, 1994-2000; Co-founder and At Large Trustee, 1993-2003)
• Brecksville-Broadview Heights Schools Issues Committee (Co-Chair of successful $36 Million Bond Levy Campaign for new High School construction, 1994; Co-Chair of successful 6.9 Mill Operating Levy, 1996-1997)

HONORS

• Named to The Best Lawyers in America, Banking and Finance Law (2011-2023)
• Named to the Commercial Real Estate Hall of Fame by Midwest Real Estate News (2020)
• AV Preeminent Peer Review Rated – Martindale-Hubbell

• Ulmer Attorneys Recognized in The Best Lawyers in America© 2023 Report
• Ulmer Attorneys Recognized in The Best Lawyers in America© 2022 Report
• Ulmer Partner Alan W. Scheufler Named to Midwest Real Estate News Hall of Fame
• Best Lawyers® 2020: 60 Ulmer Attorneys Recognized, Two Partners Named “Lawyer of the Year”