vCardThe Texas Supreme Court, in December 16, 2011, reversed a lower court ruling in favor of Shell Oil Company et al, as Petitioners, in an interesting case where the plaintiff sued Shell Oil claiming that the oil company had underpaid on lease royalties using a scheme which was purposely designed to prevent the lessor, a trust of the Ross family, from discovering the underpayment until the statute of limitations had run out. The court, in essence, held that the lessor had had ample opportunity to discover and realize the error, and demand remedy. Read More...
John D Wittenberg, Jr
Mr. Wittenberg joined the Firm in March 2006 and practices in the Business Transactions Section. His practice is primarily focused on complex commercial real estate and financing transactions, with significant experience representing corporations, partnerships, limited liability companies and individuals on commercial real estate (acquisition, disposition, development and leasing) and general business matters, and representing national and state banks on commercial lending transactions (real estate and asset-based), loan restructurings and loan workouts. Mr. Wittenberg also represents numerous for-profit and non-profit entities on general business, real estate and financing transactions.
Experience
Commercial Loan Transactions:
- Ongoing representation of national banks on commercial loan transactions, including syndicated credit facilities, real estate, asset-based and construction loans.
- Represented a national bank as agent's counsel in connection with $150,000,000 revolving and term credit facilities.
- Represented various corporations, partnerships and limited liability companies as borrowers on commercial real estate loan transactions, including Fannie Mae, Freddie Mac and HUD financed transactions.
Commercial Real Estate Transactions:
- Ongoing representation of a national bank on site acquisition and commercial lease transactions.
- Ongoing representation of a national bank in the disposition of foreclosed and distressed assets.
- Represented a national bank in the acquisition and construction of a 70,000 square foot data center in San Antonio, Texas.
Multifamily Projects:
- Representation of a purchaser in the acquisition of four (4) apartment projects in San Antonio, Texas, with multiple layers of equity and debt financing.
- Representation of apartment owners in the negotiation of multifamily property management agreements.
Memberships
State Bar of Texas
Missouri Bar Association
American Bar Association
San Antonio Bar Association
Real Estate Council of San Antonio
Texas Association of Bank Counsel
State Bar of Texas - Real Estate, Probate & Trust Law Section