David P. Vallas
Shareholder | Practice Vice Chair
Areas of Focus
Litigation and Dispute Resolution
Loan Enforcement and Creditors' Rights
Real Estate Industry
Real Estate Litigation
, Indiana University
, Managing Editor,
Federal Communications Law Journal
; Merit Scholarship
, Williams College
U.S. District Court, Northern District of Illinois, 2000
U.S. District Court, Eastern District of Wisconsin, 2015
David Vallas provides practical solutions to complex legal problems by understanding a client's business and its goals. As a Vice Chair of Polsinelli’s Commercial Litigation practice and a Co-Chair of its Real Estate Litigation practice, David focuses his practice on resolving disputes in the real estate industry.
He represents owners and managers of shopping centers across the country in virtually every aspect of their businesses, from interpreting and enforcing commercial leases to advising them on tenant bankruptcies and guiding them through the operational and management issues that arise every day and impede their businesses. He also frequently counsels and protects real estate developers to help them complete their developments, and he often represents traditional and non-tradition lenders faced with troubled loans secured by real estate assets.
David uses a creative, hands-on approach to help clients meet their objectives. He has successfully represented shopping center owners and managers, lenders, real estate developers, court-appointed receivers, entrepreneurs, Real Estate Investment Trusts, and other businesses in various actions, including:
Commercial lease disputes, including enforcing use provisions and radius restrictions
Complex commercial foreclosure cases
Assignments for the benefit of creditors
Loan modifications and forbearance agreements
Mechanics and real estate broker’s liens
Violations of municipal ordinances, including building codes and landlord-tenant ordinances
Breach of contract cases and commercial tort claims
Selected for inclusion in
Illinois Rising Stars
Bankruptcy and Creditor/Debtor Rights
American Bankruptcy Institute
Turnaround Management Association
Manages a team of attorneys representing portfolios of regional and super-regional shopping centers throughout United States on all lease-related issues, including drafting, interpreting and enforcing leases and tenant bankruptcies. Regularly commences and manages litigation related to lease defaults, common area maintenance, radius restrictions, and exclusive use provisions.
Defended a shopping center owner against claims for rescission of a commercial lease based on a tenant’s allegations that the shopping center owner misrepresented plans for the redevelopment of the center.
Successfully defended a grocery store developer against claims for an injunction, nuisance and trespass brought by neighboring property owners based allegations that storm water runoff from the development would irreparably harm their properties.
Counseled a lender in connection with the workout of $120 million loan secured by a shopping center, including advising on mechanics lien issues and using the mortgage foreclosure process to maximize the value of the property through alternative sale procedures.
Defended a home developer in the foreclosure of a partially constructed 200-plus home development, including successfully limiting the lender’s and the court-appointed receiver’s attempts to complete construction and conduct invasive environmental testing.
Counseled a big-box retailer on reorganizing its debt through an assignment for the benefit of creditors and defended the officers and directors in related litigation.
Advised a lender in connection with over $10 million of mechanics liens asserted against a luxury hotel that secured the borrower’s $100 million obligation.
Represented a developer of a high rise condominium project to defeat an improper multi-million dollar broker’s lien and quieted title to the project free of the lien.
Advised court-appointed receiver of a 40-plus unit apartment building on issues of personal liability after an explosion and gas fire occurred in the building, permanently injuring one of its occupants.
Defended a court-appointed receiver of partially developed condominium projects on issues of building code violations, completing construction, and selling individual units.
Decaffeinated: Simon Property Group L.P. v. Starbucks Corporation Is Not a Fix for the Retail Apocalypse
Publications & Presentations
Surviving the Retail Apocalypse: Polsinelli Experts Offer a Guide
Dec 27, 2017
Case Study: Early Assessment and Targeted Legal Strategy Successfully Resolve $150 Million TCPA Litigation
Lessons Learned from Litigating Real Estate Development Projects
December 7, 2017
Surviving the Retail Shift: Part 5 of a 5 Part Series - Looking Ahead; Lessons Learned from the Retail Shift
Publications & Presentations
Surviving the Retail Shift: Balancing Creative Uses with Co-Tenancy Provisions
Co-Author, Law Journal Newsletters: Commercial Leasing Law & Strategy
Surviving the Retail Shift: Part 4 of a 5 Part Series - Whose Property Is It? What to Do with Personal Property After a Tenant Vacates
Surviving the Retail Shift: Part 3 of a 5 Part Series - Coping with Retail Closures and the Evolution of the Shopping Center, Balancing Creative Uses with Co-Tenancy Provisions
Reasonable Minds Differ - Circuit Split on Preliminary Injunctive Relief for Parties to Arbitration Agreements
October 4, 2017
Surviving the Retail Shift: Part 2 of a 5 Part Series – A Landlord’s Duty to Mitigate its Damages
Polsinelli Shughart Adds Financial Services Attorney David Vallas
November 29, 2011
Webinar: Lessons Learned from Litigating Real Estate Development Projects
December 7, 2017
Empty Spaces: How to Protect Yourself from a Defaulting Tenant
November 16, 2016
"It is critical for an attorney to understand and become invested in his client’s business, and to evaluate how the legal process will benefit or impede that business."
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