David B. Montgomery

Firm: Montgomery Law Firm
Location: Houston - TX

  • 4 Houston Center, 1331 Lamar St, Suite 1075
    Houston, TX 77010
    USA
  • Tel : 7136267777
  • Fax : N/A

Mr Montgomery has over two decades of high-level transactional practice, primarily in real estate, energy, insurance and corporate areas. “Big firm” experience as associate and equity partner. General Counsel experience with publicly-traded hospitality company, private oil production company, private oilfield service/supply company, private retail development company and private insurance/finance company.

Since 1993, Mr. Montgomery has represented a variety of clients (startups to Fortune 100, foreign and domestic), in every facet of real estate and energy law in Texas, with some of the largest and most presgious law firms in the world, including significant periods in New York City and Washington, DC.

Mr. Montgomery has broad experience in:

  • Financing
  • Rights, duties, and liabilities of directors and officers
  • Reorganization and dissolution
  • Joint ventures, mergers, acquisitions
  • Divestitures
  • Business successions
  • Shareholders rights
  • Buy-sell agreements
  • Employment contracts
  • Non-compete agreements
  • Confidentiality agreements
  • Intellectual property issues, such as trademarks and patents
  • Business purchase and sale agreements
  • Mergers and acquisitions
  • Business acquisition loans
  • Financing and funding for business operations
  • Bankruptcy proceedings, debtors
  • Purchasing business assets out of bankruptcy
  • Business dissolution

Representative transactions

  • Representation of Fortune 500 energy company in negotiation of a complex headquarters lease for 240,000 square feet of downtown Class “A” office space for $80,000,000 in rent (10-year term), as well as the sublease of 210,000 square feet of office space for temporary use, in connection with a corporate acquisition and relocation. (Texas)
  • Representation of wind farm developers in the identification of sites and initial due diligence; development of form documents for negotiations with public and private landowners; negotiation of letters of intent, options, leases, easements (access, transmission and overhang); and identification and resolution of due diligence issues such as title/survey, lender relations, other surface user relations, environmental and avian impact studies. Major project covered 100,000 acres (200 separate leases) for 3,000 megawatts. Additional representation of acquirers of existing wind farms in the analysis of options, leases and easements and performance of due diligence. (Nationwide)
  • Representation of developer of mixed-use beachfront development in purchase of 1,100 acres for $32,000,000 including negotiation/closing of raw land, performance/resolution of due diligence, structuring of transaction as TIC ownership, negotiation of acquisition loan and subsequent development of project. (Texas)
  • Representation of developer of $25,000,000 luxury apartment complex, including negotiation/closing of purchase, loan, entity/tax structuring, environmental, permits/variance and performance/resolution of due diligence. (Texas)
  • Representation of office landlord in preparation and negotiation of a 220,000 square-foot office lease covering the entirety of two Class ‘A’ buildings. (Texas)
  • Representation of developer of $65,000,000 coastal hotel/retail/entertainment resort, including negotiation/closing of purchases/leases of raw land, performance/resolution of due diligence, obtaining from local, state and federal authorities of coastal development permits, abandonment of streets/alleys and low-income job- creation subsidies, negotiation of construction contracts, negotiation of retail leases and acquisition of amusement rides, together with provision of day-to- day legal services to resort management. (Texas)
  • Representation of developer of senior assisted-living facilities, including negotiation/closing of purchases of land/facilities, performance/resolution of due diligence and assistance with permitting and approvals, negotiation of construction contracts, negotiation/preparation of management contracts and tenant leases, together with provision of day-to- day legal services to facility management. (Alabama, Indiana, Kansas, Ohio, Oklahoma, Tennessee, Texas)
  • Representation of developer/operator of correctional facilities (jails, prisons and intermediate custody),including negotiation of purchases/leases of land/facilities, performance/resolution of due diligence and assistance with extensive federal and state permitting/approvals process, negotiation of construction contracts, and negotiation of operating agreements with federal/state governmental entities. (Georgia, Florida, Illinois, Mississippi, North Carolina, Oklahoma, Texas)
  • Representation of developer in development of $35,000,000 hotel/office project, including negotiation/closing of purchase, performance/resolution of due diligence and negotiation of construction contract for 20-story project (Texas)
  • Representation of REIT/purchaser in $300,000,000 purchase of downtown retail/office/hotel/residential project, including performance/resolution of due diligence and closing of transaction. (Texas)
  • Representation of developer in development of $150,000,000 worth of restaurant properties, including negotiation of purchase agreements and/or ground leases, performance/resolution of intensive due diligence, negotiation of construction contracts, closing of transactions and provision of ancillary services during construction period. (Nationwide)
  • Representation of foreign government/developer in closing of $10m purchase of parcel adjacent to United Nations Complex and negotiation of $20,000,000 construction contract to build 23-story Permanent Mission (mixed use) to the United Nations. (New York)
  • Representation of developer in $17,000,000 purchase of unsold space in 34-story luxury condominium projectforeclosed upon by FDIC, including negotiation/closing of purchase and performance/resolution of due diligence,and thereafter in negotiation/closing of sales to individual purchasers, together with provision of day-to- day legal services to condominium management company. (Texas)
  • Representation of conglomerate/seller in $400,000,000 sale of paper, timber and development assets, involvingthousands of acres of Florida timberland, a canal, a paper mill and numerous container sites nationwide, including performance/resolution of due diligence and closing of transaction. (Nationwide, principally Florida)
  • Representation of developer/seller in $105,000,000 sale of large single-family residential projects and homebuilder subsidiary, including performance/ resolution of due diligence and closing of transaction. (Texas)
  • Representation of lender in $12,000,000 financing of development of low-income housing projects in the Bronx and Harlem, involving negotiation / preparation of loan documents and closing of loan. (New York)
  • Representation of developer/seller of $27,000,000 apartment portfolio, involving negotiation/closing of sale and performance/resolution of due diligence. (Texas)
  • Representation of developer of $9,000,000 shopping center, including negotiation/closing of purchase, loan and retail leases and performance/resolution of due diligence. (Texas)
  • Representation of developer/landlord of a $9,000,000 shopping center and a $4,500,000 shopping center, including negotiation/closing of purchase, loan and retail leases, performance/resolution of due diligence, coordination of creation of limited partnership and limited liability company and obtaining of tenant estoppel letters and SNDAs. (Texas)

Honors & activities

  • American Bar Association Reporter – Real Estate Quarterly Report
  • State Bar of Texas Member since 1993
  • Texas Bar Foundation Fellow
  • Houston Bar Association Member & Volunteer
  • Rising Star Honor bestowed by vote of fellow practitioners
  • SuperLawyer Honor bestowed by vote of fellow practitioners
  • R Club PAC Vice President; Chairman of Candidates Committee
  • Mavericks PAC High-level fundraiser for Bush-Cheney 2004 campaign
  • Joint Referral Task Force Appointed by Mayor White and Councilmember Berry

Education

  • University of Houston Law School (J.D. 1993)
  • University of Missouri – Columbia (B.A. Economics/English 1990)