411 East Wisconsin Avenue
Mr. Ostermeyer serves national, regional, and governmental owners of and investors in real property. His particular expertise lay in three areas: (1) advising corporate, commercial, industrial, and institutional clients — and others who own real estate as an operating rather than a financial asset — in handling and positioning their portfolios; (2) in guiding public development and public infrastructure projects; and (3) in developing commercial, institutional, and industrial realty. He regularly oversees the handling of significant real estate assets — particularly multisite portfolios — in substantial merger and acquisition and balance sheet transactions, and has developed considerable experience in addressing real estate related issues of school, municipal, tribal and bankruptcy law.
In addition, Mr. Ostermeyer is experienced in the application of LEED certification guidelines for new construction (LEED NC v2.2).
Among Mr. Ostermeyer’s recent transactions are the following:
- Acquisition and Disposition of Major Manufacturing and Distribution Facilities:
- Principal real estate counsel in handling transfers of approximately $850 million in manufacturing, warehouse, packaging, and transportation facilities in 13 states, conveyed in connection with the combination of domestic operations by two significant food and beverage companies.
- Counsel to a Fortune 500 manufacturer to structure, document, and close the portfolio sale, for approximately $155 million, of more than 4 million square feet of manufacturing, office, and service center space comprising 24 discrete sites in 17 states and in Canada.
- Principal outside counsel to a Fortune 500 food and beverage producer in a series of transactions designed to reorient the producer’s balance sheet and to better position its manufacturing, packaging, and distribution capabilities. Projects involved, among other discrete matters, the disposition to a strategic partner of major packaging production facilities in New York, North Carolina, Texas, and Illinois, as well as the acquisition (and later sale) of a new production facility in Washington.
- Counsel to several manufacturers of consumer packaging, industrial papers, and custom paper products in structuring, documenting, and closing various acquisition, sale, and sale-leaseback transactions in northern and central Wisconsin.
- Principal outside counsel to an array of large publicly traded companies (including companies in the transportation and logistics, food and beverage, managed services, automotive, and heavy manufacturing sectors) in handling leases, purchases, sales, and other realty-related issues arising in connection with manufacturing and distribution of facilities throughout the United States and Europe.
- Management of Major Municipal Capital Development Project. Engaged by a major municipality and its affiliated school district as lead development counsel in efforts to plan, finance, and execute approximately $200 million in public infrastructure development, consisting in the main of roughly 1 million square feet of new public school space in roughly two dozen development projects, together with supporting program enhancements and policy modifications. The project, which also required passage of specific enabling legislation to authorize tax-exempt financing, has received widespread acclaim for its ability to leverage capital expenses and operating costs while better delivering targeted school services.
- Disposition of Multisite Tax Credit Housing Portfolio. Engaged by the real estate development subsidiary of a publicly-traded utility company to handle the sale of its low income tax credit housing portfolio, including more than 3,000 residential units spread among roughly 60 projects throughout Wisconsin, Illinois, Iowa, and Minnesota.
Build-to-suit Development of Distribution Facilities. Engaged by several clients, including an international contract logistics company and a leading national provider of managed services, to negotiate the build-to-suit development of regional distribution facilities serving the Midwest and Western states.
Relocation of Regional Transportation Hub and of Logistics Warehousing Facilities. Engaged by an international shipping company to handle the relocation of major vehicle staging facilities at the company’s main facility in Chicago and at several contract logistics warehouses in suburban Cook County, Illinois.
Education and Honors
- University of Notre Dame, Mendoza College of Business (M.B.A., magna cum laude, 2011)
Beta Gamma Sigma.
- Vanderbilt University Law School (J.D., 1989)
Order of the Coif.
- University of Notre Dame (M.A., 1984)
- Luther College (B.A., summa cum laude, 1983)
Phi Beta Kappa.
U.S. Supreme Court, 1998
U.S. District Court, Eastern District of Wisconsin, 1990
- Martindale-Hubbell AV® Peer Review Rated.
- Listed in The Best Lawyers in America® (2004-present: Real Estate Law).
- Listed in Chambers USA® (2005-present: Real Estate).
- Listed in Wisconsin Super Lawyers® lists (2005-present: Real Estate).
- Milwaukee Business Journal “40 under 40”; Future Milwaukee “25 for 25.”
- Luther College Alumni Distinguished Service Award, 2008.
Professional and Civic Activities
- American College of Real Estate Lawyers
- CoreNet Global (MCR candidate, 2011).
- U.S. Green Building Council (Chicago Chapter).
- ABA Section of Real Property, Trust & Estate Law (Acquisitions Editor, Real Property, Trust & Estate Law Journal, 2009-present; Standing Committee on Publications, 2004-2006, 2008-2009; Section Advisory Board, 2005-2008; Property Preservation Task Force, 2004-2009; Chair of Committee on Economics, Technology and Practice Methods, 2001-2005).
- American Law Institute – American Bar Association (Editorial Board, The Practical Real Estate Lawyer,
- Marquette University (Adjunct Professor of Law, 1996-2000).
- National Association of Charter School Authorizers
- Wisconsin Charter Schools Association
- Wisconsin School Attorneys Association
- Milwaukee Habitat for Humanity, Inc. (Pro bono counsel, 1991-present).
- Milwaukee Area Technical College (Advisory Audit Committee, 2009-2012).
- Milwaukee County Pension Board (Member, 2004-2007).
- Village of Whitefish Bay (Historic Preservation Commission, 2006-2007).
- School District of Whitefish Bay (Facilities Finance Task Force, 2005-2006).
- Community Youth Assets (Founder and President; Golden Rule Award Recipient, 1996).
- Future Milwaukee (Class of 1995; Board Member, 1995-1996).
- Co-author, “Wisconsin Court of Appeals Upholds Statutory Changes to Procedures for Assessment Contests,” Quarles & Brady Real Estate Law Update, October 2009.
- Co-author, “Recent Developments in Project Financing under the American Recovery and Reinvestment Act of 2009,” Quarles & Brady Real Estate Law Update, May 2009.
- Co-author, “The American Recovery and Reinvestment Act: Bonding Opportunity Knocks for Indian Country,” Quarles & Brady Indian Law Update, March 2009. Also published at martindale.com.
- Co-author, “City of Milwaukee Passes New Ordinance Giving Lien Holders the Responsibility for Securing and Maintaining Abandoned Residential Property,” Quarles & Brady Real Estate Alert, December 2008. Also published at martindale.com.
- “Protect Your Rights and Remedies with Owner Default Clause,” in Commercial Tenant's Lease Insider, January 2005.
- “A Primer on Remedies for Landlord Defaults,” in The Practical Real Estate Lawyer, May 2004.
- “Termination and Amendment of Easements” and “Enforcing Easements,” in Wisconsin Law of Encumbrance; Easements and Rights of Way, Douglas S. Buck, et al., Professional Education Systems, 2003.
- “Comprehensive Alternative Fee Proposal for Project Development (with Form),” in The Practical Real Estate Lawyer, July 2002.
- “Charter School Freedoms Serve Policy Aims,” in Wisconsin Charter Schools Association Newsletter, Winter 2001.
- “An Introduction to the Global Positioning System,” in Land Surveys: A Guide for Lawyers and Other Professionals, ABA Publishing, 2000).
- “Wisconsin's New Lien Laws,” in Wisconsin Examining and Evaluating Title to Real Property, Marjorie Ramseyer Bardwell, et al., Professional Education Systems, Inc., 1999.
- “Preparing for Closing,” in Wisconsin Real Estate Practice for Paralegals, Colin D. Pietz, et al., Clearwater Information Systems, 1996.
- “Recent Developments in the Law Affecting Commercial Leasing,” in Current Issues in Commercial Real Estate Leases in Wisconsin, Larry J. Bonney, et al., National Business Institute, 1994.
Presentations - Real Estate
- “Structuring Alternative Fees for Transactional Counsel,” presentation to Counsel to Counsel, September 2011.
- “Value as the Cornerstone of the Inside-Outside Relationship,” presentation to Wisconsin Association of Corporate Counsel (WISACCA) Annual Conference, May 2011.
- “Alternative Fee Arrangements as a Source of Value,” presentation to Wisconsin Association of Corporate Counsel (WISACCA) Annual Conference, May 2011.
- “Alternative Fee Arrangements for Real Estate Lawyers,” webcast to American Law Institute/American Bar Association (ALI/ABA) and the American College of Real Estate Lawyers (ACREL), December 2010.
- “Alternative Fees: What Really Matters?,” presentation to the American College of Real Estate Lawyers (ACREL), March 2010.
- “Negotiating Title Coverage in Wisconsin,” presentation to Lorman Education Services program on “Title Examination in Wisconsin,” June 2005.
- “Is Technology a Lodestone or a Millstone to Good Practice Skills?,” panel presentation to ABA Section of Real Property, Probate and Trust Law, October 2004.
- “Drafting Easements” and “Amending and Terminating Easements,” presentation to Professional Education Systems Institute program on “Law of Encumbrances: Easements and Rights of Way,” March 2003.
- “Winning Alternatives to the Billable Hour: An Alternative Fee Proposal for Project Development,” panel presentation to ABA Annual Meeting, August 2002.
- “Technology and the Real Estate Transactional Practice–Is There Substance Behind the Glitz?,” presentation to ABA Section of Real Property, Probate and Trust Law, April 2002.
- “Task Based Billing and Other Fee Arrangements for the New Millennium,” Presidential Showcase presentation to ABA Annual Meeting, August 2001.
- “What's on the 'Net Now?,” presentation to ABA Section of Real Property, Probate and Trust Law, May 1998.
- “Case Law Matters Affecting Wisconsin Title Insurers,” presentation to Wisconsin Land Title Association Spring Convention, April 1997.
- “Preparing Your Real Estate Practice for the Information Age,” presentation to Wisconsin Bar Association program, January 1997.
- “Internet Resources for Real Estate Practitioners,” Milwaukee Bar Association program, 1996.
- “Current Issues in Commercial Real Estate Leases in Wisconsin,” National Business Institute program, 1994.
Presentations - School Financing and Development
- “Finding Suitable Facility Financing in Difficult Times,” panel presentation to Texas Charter Schools Conference, April 2009.
- “Innovative Answers to a Tight Facilities Market: Options for the Facility Financing Lifecycle,” presentation to The Renaissance Schools Fund Symposium, Chicago, Illinois, May 2008.
- “Plain Talk on Bond Financing: Facility and Capital Financing with Tax-Exempt Bonds,” presentation to Wisconsin Charter Schools Association Annual Conference, April 2008.
- “What Charter Authorizers Should Know About Bond Financing and Why,” presentation to Annual Conference of National Association of Charter School Authorizers, October 2007.
- “Accessing Facility Financing–Avoiding the Minefields,” presentation to National Charter Schools Conference, April 2007.
- “Creating Shared-Use School Facilities and Facility Sharing Agreements,” presentation to Council of Education Facility Planners International (CEFPI), Midwest/Great Lakes Regional Conference, May 2006.
- “Other People's Money: What and Who You Need to Know to Finance Your Facility,” panel presentation to Wisconsin Charter Schools Association Conference, April 2006.
- “Creating Shared-Use Public Facilities,” presentation to National Charter Schools Conference, March 2006.
- “Creating and Financing Public School Facility Partnership,” panel presentation to the Association of School Business Officials International, October 2004.
- “Documenting Shared Use and Shared Maintenance,” presentation to Wisconsin Charter Schools Association, March 2004.
- “Emerging Trends: Shared-Use School Facilities,” presentation to Wisconsin Association of School Boards, January 2004.
- “Financing and Developing Public School Facility Partnerships,” presentation to Virginia Education Law Conference of the Commonwealth Educational Policy Institute and July 2003 panel presentation to Tenth Annual Franklin Pierce Education Law Conference, April 2003.
- “Cyber and Non-Classroom-Based Charter Schools,” presentation to Annual Conference of the National Association of Charter School Authorizers, October 2002.
- “Developing Innovative Facility Partnerships,” panel presentation to U.S. Department of Education’s Charter Schools National Conference, June 2002.
- “An Overview of State Charter School Laws,” presentation to national conference for prospective charter school investors, March 2001.
- “Negotiating Charter and School Management Contracts,” presentation to Association of Educators in Private Practice, July 1999.
- “Legal Issues Affecting Non-instrumentality Charter Schools in Milwaukee,” presentation to Wisconsin Charter Schools Conference.