Andrew R. Berman

Professor of Law
Founding Director, Center for Real Estate Studies
Founding Director, Institute for In-House Counsel

Andrew R. Berman

An expert on various aspects of real estate law including real estate finance, sales and purchase contracts, real estate development, and commercial leasing, Professor Andrew Berman is often interviewed by national press and called upon to be an expert witness and consultant on major litigation cases and commercial transactions.  He is the Founding Director of the Law School’s Center for Real Estate Studies, which is one of the leading academic centers devoted to the study of both the private practice and public regulation of real estate. He is also the Founding Director of the Institute for In-House Counsel, which is one of the only academic institutes focused on the legal, economic, management, and financial issues affecting in-house counsel and other senior business professionals from a variety of industries and sectors.  Professor Berman regularly participates in and organizes conferences, breakfast forums, master classes, CLE events, and other public programs to advance the goals of the Center for Real Estate Studies and the Institute for In-House Counsel.

Formerly a partner at Sidley Austin LLP’s New York Real Estate Group, Professor Berman spent nearly fifteen years in private practice prior to joining the faculty at New York Law School in 2002. While at Sidley Austin, he represented clients in all aspects of commercial real estate finance, including complex financing transactions such as mezzanine loans, preferred equity, and financings intended for securitization markets. Professor Berman also has extensive experience in real estate development projects, the sale and acquisition of real property and mortgage loan portfolios, and complex commercial leasing, including Times Square signage and telecommunication transactions.

A native of New York City, Professor Berman is a 1984 graduate of Princeton University (A.B., Woodrow Wilson School of Public and International Affairs) and holds a J.D., cum laude, from New York University School of Law. Immediately following law school, he joined the law firm of Davis Polk & Wardwell as a Corporate/Real Estate Associate (1988–1991) and then moved to Wachtell Lipton Rosen & Katz as a Corporate/Real Estate Associate (1991–1995). In 1995, Professor Berman joined the Real Estate Group at Sidley Austin and became a partner in 1998.

Professor Berman’s previous academic experience includes teaching Real Estate Transactions at City University of New York School of Law as well as Lawyering at New York University School of Law.  His recent scholarship has focused on non-traditional real estate financing techniques and include publications such as: “Mezzanine Debt and Preferred Equity in Real Estate”, in Alternative Investments: Instruments, Performance, Benchmarks, and Strategies (John Wiley & Sons 2013);  “Risks and Realities of Mezzanine Loans,” 72 Missouri Law Review 993 (Fall 2007); and “‘Once a Mortgage, Always a Mortgage’—The Use (and Misuse) of Mezzanine Loans and Preferred Equity Investments,” 11 Stanford Journal of Law, Business & Finance 76 (2005).  Professor Berman is currently working on an article focused on transactional skills.

At New York Law School, Professor Berman teaches Real Estate Transactions & Finance, first year Property, Transactional Skills, Sustainable Real Estate Development, and the CRES Capstone Seminar on Commercial Leasing.  He is also actively involved with the American College of Mortgage Attorneys, Real Property Committee of the Association of the Bar of the City of New York, and the Urban Land Institute.

LAW REVIEW AND OTHER SCHOLARLY PUBLICATIONS

Berman and Lefcoe, Real Estate Transactions, Finance, and Development (LexisNexis 7th ed. of textbook) (in progress).

The Foreclosure of Mezzanine Loans (in progress).

The Due Diligence Defense – How much diligence is due? (in progress).

Mezzanine Debt and Preferred Equity in Real Estate, in Alternative Investments: Instruments, Performance, Benchmarks, and Strategies 163 (H. Kent Baker & Greg Filbeck eds., John Wiley & Sons 2013).

Leasing Space in New York City: A Practical Guide for Technology Start-Ups (Berman et al, eds., 2013).

Berman and Lefcoe, Teacher’s Manual to Real Estate Transactions, Finance, and Development (LexisNexis 6th ed. 2010).

Risks and Realities of Mezzanine Loans,” 72 Missouri Law Review 993 (Fall 2007).

Once a Mortgage, Always a Mortgage’—The Use (and Misuse) of Mezzanine Loans and Preferred Equity Investments,” 11 Stanford Journal of Law, Business & Finance 76 (2005).

NEWSPAPER ARTICLES, PRACTICE MATERIALS, AND OTHER PUBLICATIONS

Editorial Advisory Board, City Land Newsletter 2004–present.

Editor, Metes & Bounds Newsletter (Association of the Bar of the City of New York) (1999–2000, 2002).

CITATIONS & REFERENCES TO PROFESSOR BERMAN’S PUBLISHED SCHOLARSHIP

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PRESENTATIONS, CONFERENCES, AND PUBLIC EVENTS

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