Attorneys

Tom Whelan

Thomas M. “Tom” Whelan

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Tom’s practice encompasses a broad range of leasing, financing, and other real estate transactions, as well as commercial litigation emphasizing landlord-tenant, lender liability, brokerage, and other real-estate-related matters.

Tom has authored numerous articles and frequently speaks on leasing, receiverships, real estate brokerage and other real estate related topics.

In addition, Tom is named to the Texas Super Lawyers list by Thomson Reuters as published in Texas Monthly.  He is rated AV Preeminent by LexisNexis Martindale-Hubbell and he is a Fellow of the American College of Real Estate Lawyers.

Representative Experience

  • Representation of private equity group in connection with its restructure of regional retailer’s real estate holdings in anticipation of disposition of real estate assets and retail operations
  • Representation of developer in negotiations with national retailers, national hoteliers and condominium developers in conceptual development and drafting of covenants, restrictions and easements governing a planned mixed-use development of a regional mall, luxury hotels, and condominiums connected to two major professional sports venues
  • Representation of developers in connection with negotiation and drafting of covenants, restrictions, and easements for retail and mixed-use developments
  • Representation of developers and owners in lease negotiations with national big-box tenants, regional retailers, luxury retailers and local retailers
  • Representation of owner of specialty “to the trade only” center for interior design professionals
  • Representation of international hardware wholesaler in negotiation of numerous warehouse and other leases throughout North America
  • Representation of restaurant chain in site acquisition and site leasing transactions
  • Representation of office landlords in negotiation of office leases, including lease of over 250,000-square-foot space to international tire manufacturer for its U.S.  headquarters
  • Representation of buyers, sellers, and lenders in real estate sales, purchase, and financing transactions
  • Representation of servicers for conduit lenders in connection with collection, foreclosure, and restructuring of troubled loans
  • Representation of borrowers in negotiations, foreclosure, and receivership proceedings, and other litigation with servicers and special servicers in connection with lenders’ defaults of post-closing funding and other obligations, borrowers’ exercise of loan renewal options, and documentation of forbearance and discounted pay-off agreements
  • Representation of national theater chain in litigation with developer and developer’s conduit lender
  • Broad range of real estate and commercial litigation experience, including successful first-chair jury trials, in landlord-tenant, lender liability, and loan participation and loan service contract disputes

Education

  • J.D., SMU School of Law, 1987
    • Citations Editor, Journal of Air Law & Commerce
    • Wagner Moot Court Team
    • Recipient, Bracewell & Patterson Legal Writing Award
    • Recipient, American Jurisprudence Awards in Constitutional Law II and Professional Responsibility
  • B.A., magna cum laude, University of Dallas, 1982

Professional Memberships

  • American College of Real Estate Lawyers, 2008-present
  • American Bar Association, 1987-present
  • State Bar of Texas, 1987-present
  • Dallas Bar Association, 1987-present

Honors and Distinctions

  • Texas Super Lawyers, Thomson Reuters, published in Texas Monthly, 2011 – 2017
  • AV Preeminent by LexisNexis Martindale-Hubbell, 2002 – 2016
  • Legal Leaders/Top Rated Lawyers, ALM and Martindale-Hubbell, recognized 2013 – 2016

Speaking and Writing

  • Author and Speaker, “Getting Your Priorities Straight: Commercial Lease Terms Important to a Landlord’s Lender,” 49th Annual William W. Gibson, Jr. Mortgage Lending Institute (Sept. 2015)
  • Author and Speaker, “Scattershooting While Wondering Whatever Happened Down at the Courthouse to Frequently Litigated Provisions in My Favorite Real Estate Sale Forms,” State Bar of Texas: 26th Annual Advanced Real Estate Drafting Course (2015)
  • Author and Speaker, “Annotated Office Lease,” State Bar of Texas: 35th Annual Advanced Real Estate Law Course (2013); CLE International Seminar: Negotiating Leases (2000-2001)
  • Author and Speaker, “Catastrophic Losses,” 38th Annual Advanced Real Estate Law Course, Texas Bar CLE (2016)
  • Author and Speaker, “Single Tenant Leases,” 25th Annual Advanced Real Estate Briefing Course, Texas Bar CLE (2014)
  • Planning Committee Member, University of Texas Law School, William W. Gibson Jr. Mortgage Lending Institute (2002-12)
  • Planning Committee Member, University of Texas Law School, Bernard O. Dow Leasing Institute (2008, 2011, 2012)
  • Co-Chair, CLE International: Negotiating Leases (2001-02)
  • Chair, SMU School of Law: Real Estate Transactions In-Depth (2000)
  • Chair, SMU School of Law: Leases in Depth (2000)
  • Author and Speaker, “Negotiating and Drafting Repair, Surrender, and Casualty Clauses in Commercial Leases,” Texas Bar CLE: 17th Annual Advanced Real Estate Drafting Course (2006); University of Texas Law School: Bernard O. Dow Leasing Institute (2012)
  • Co-Author with Jane Snoddy Smith, “Pigs Get Fed and Hogs Get Slaughtered – Lessons from the Financial Crisis,” American College of Real Estate Lawyers (2010); “Overreaching by Borrowers and Lenders,” ALI-ABA (2011)
  • Author and Speaker, “Defaults and Remedies from Landlord and Tenant Perspectives,” CLE International: National Negotiating Leases (2008)
  • Author and Speaker, “Landlord’s Remedies for Tenant’s Default,” University of Texas Law School: Bernard O. Dow Leasing Institute (2005); SMU School of Law: Leases in Depth (1999-2000); CLE International: Negotiating Leases (1991-98)
  • Author and Speaker, “Ad Valorem Tax Liens – Rights of Transferees, Mortgagees, and Subrogees,” University of Texas Law School: William W. Gibson, Jr. Mortgage Lending Institute (2005)
  • Author and Speaker, “Selected Retail Leasing Issues – Usage Controls,” Texas Bar CLE: 16th Annual Advanced Real Estate Drafting Course (2005); CLE International Negotiating Leases (2006)
  • Author and Speaker, “Lender’s Remedies Other than Foreclosure,” University of Texas School of Law: William W. Gibson, Jr. Mortgage Lending Institute (2004 & 2009)
  • Speaker, “Case Law Update,” University of Houston Law Foundation: Advanced Real Estate Law (2004)
  • Author and Speaker, “Tenant’s Remedies for Landlord’s Defaults,” CLE International: Negotiating Leases (2002, 2004)
  • Author and Speaker, “Compensation, Duties, and Liabilities of Real Estate Brokers,” University of Houston Law Foundation: Advanced Real Estate Short Course (2003); SMU School of Law: Real Estate Transactions in Depth (1998-2000)
  • Author and Speaker, “Negotiating and Drafting Leases for Small Businesses,” University of Houston Law Foundation: Advising Small Businesses (1999, 2001, 2003)
  • Author and Speaker, “Real Estate Remedies,” University of Houston Law Foundation: Real Estate Documents, Workouts, and Closings (2003)
  • Author and Speaker, “Negotiating and Drafting Office Leases,” University of Houston Law Foundation: Real Estate Documents, Workouts, and Closings (2000, 2002)
  • Author and Speaker, “Annotated Office Lease,” CLE International: Negotiating Leases (2000-2001)
  • Author and Speaker, “Office Leases: Operating Costs and Related Expense Allocations,” CLE International: Negotiating Leases (1999)
  • Co-author, “Determination of Usury in Commercial Transactions,” Dallas Bar Association (1993)
  • Co-author, “Discovery of Commercial Documents,” South Texas College of Law: Advanced Litigation Course (1991)
  • Contributor, “Legal and Ethical Aspects of Tenant Representation and Agency Issues,” Society of Industrial and Office Realtors (1989)