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David N. Heaton

david n. heaton

Partner

Atlanta

dheaton@phrd.com

t: (404) 420-5553

f: (404) 522-8409

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  • Overview
  • Experience
  • Thought Leadership

Overview

David Heaton brings a development mindset to his work as a commercial real estate lawyer. Over the course of his 30-year career, he has helped his clients with numerous commercial real estate sales, acquisitions and financings of every size and complexity. His responsive, business-focused perspective best positions his clients for a successful transaction.

As an attorney specializing in commercial real estate law, David represents owners, developers, lenders, and businesses with a national footprint in a wide range of real estate transactions. These transactions include acquisitions and dispositions, construction and permanent financing, equity investment and commercial leasing. David also has extensive experience in virtually all contractual components of wireless telecommunications site acquisition, including ground leases, collocation agreements and build-to-suit arrangements.

David has long been focused on the business of commercial real estate and helping his clients achieve their goals. With his legal experience and industry know-how, David is able to work cooperatively with each client to achieve solutions to close the deal. At the same time, his productive communication style allows him to represent his clients’ interests while also fostering the rapport necessary to build relationships in any transaction in an industry that depends on them.

Experience

  • Real estate counsel for Georgia's largest non-profit healthcare system in the acquisition of five (5) hospital campuses and related properties in $575 million transaction.
  • Counsel to institutional owner in acquisition, existing mortgage loan assumption and subsequent sale of 11-building office and industrial project in Miami, Florida, structured as sale of equity ownership interests.
  • Counsel to developer client in $138,000,000 construction loan from major institutional lender for development and construction of Pinnacle at Symphony Place, a signature 520,000 s.f. office tower in Nashville, Tennessee.
  • Counsel to healthcare provider in acquisition of ground leased medical office facilities having prices exceeding $87,600,000 and $70,300,000, respectively.
  • Counsel to an Atlanta orthopedic practice group in a complex sale-leaseback transaction with a major healthcare property REIT involving new medical facility housing a large orthopedic clinic and physical therapy practice, MRI facility and other related services. 
  • Counsel to joint venture comprised of institutional owner and retail developer/operator in $75,000,000 loan transaction secured by the retail component of the mixed-use Atlantic Station® project in midtown, Atlanta, Georgia.
  • Counsel to a major private industrial developer and its affiliates in a complex transaction for the development of three industrial buildings, ultimately to comprise approximately 657,000 square feet in a newly designed and constructed project in Tampa, Florida, involving senior construction loan of approximately $30,000,000 and an equity contribution by a national real estate investment firm, exceeding $16,000,000.
  • Counsel to institutional owner in sales of office tower and development parcels in mixed-use development in midtown Atlanta, Georgia having total transactional value exceeding $122,000,000.
  • Counsel to a tire and automotive retailer and distributor and its family-owned real estate affiliates in connection with a $29,600,000 multi-site sale-leaseback transaction with bank-owned real estate investment entity.
  • Counsel to developer client in $43,250,000 mezzanine loan to finance hotel and condominium project in downtown Atlanta, Georgia.

Thought Leadership

  • Author and Speaker: "Real Estate as Part of Corporate Transactions: Guideposts for the Corporate Lawyer," State Bar of Georgia Business Law Institute, October, 2016
  • Speaker:  “The Latest Phase of Recovery: Capital Markets and the Acquisition/Sale of Investment Grade Assets,” Georgia Real Property Law Institute, May, 2014
  • Author: "Liens for Liquids: The Basics of Real Property Liens for Unpaid Water and Sewer Charges in Georgia," State Bar of Georgia Real Property Law Section Newsletter, Summer 2012
  • Speaker: "Seller Considerations and Remedies Upon a Buyer Default Under an Agreement to Purchase Real Estate," Workouts and Remedies in Real Estate Program (Law Seminars International), September, 2008
  • Speaker: "Closing Modern Real Estate Purchases -- Be Ready to Satisfy Title Insurance Requirements," SES Real Estate Purchase and Sale Agreements Program, June, 2003.
  • Speaker: "Telecommunications Leases: What All Real Estate Professionals Need to Know," Commercial Leasing 200 for Business and Legal Professionals, May, 2000
  • Speaker: Build-to-Suit and Purchase/Leaseback Tower Programs, A National Symposium, March, 1998

Areas of focus

  • Real Estate
  • Real Estate Transactions

Education

  • Emory University School of Law (J.D., with distinction, 1987) Order of the Coif; Emory University Law Review (1985-1987)
  • Hampden-Sydney College (B.A., summa cum laude, 1984)

Accolades

  • Recognized by The Best Lawyers in America© in Real Estate Law (2022-2023)
    • Recognized by Chambers USA in Real Estate - Georgia (2019-2022)
    • Recognized as one of Georgia's "Top Rated Lawyers" by Martindale-Hubbell and ALM (2012)

    Professional affiliations

    • Member, State Bar of Georgia, Real Property Law Section
    • Board Member, Feeding the Homeless Project, Inc.
    • Board Chairman, Brookhaven Christian Child Development Center, Inc.

    Admitted to practice

    • Georgia

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