Barnatt, Theresa Ann

David joined Barris, Sott, Denn & Driker in 1990 and became a member in 1998.  David's practice covers all aspects of real estate (including financing, development and work-outs), environmental law, corporate law, business counseling and probate matters.  David also has an extensive creditor's rights practice, representing lender's both in and out-of-court workouts with borrowers and guarantors, as well as protecting creditors interests in bankruptcy proceedings.   David's breadth of experience has involved representing some of the area's largest real estate investors including commercial banks, life insurance companies, pension funds, as well as developers.  He has also represented equipment lessors and traditional lenders in bankruptcy proceedings, including several auto supplier cases. David also possesses significant litigation experience covering real estate-related litigation, corporate disputes, enforcing financing documents in court, property tax appeals, as well as litigating will contests and other probate matters. In 2003, David joined the adjunct facility with Ave Maria School of Law where he taught real estate transactions. In 2006, David was named as one of Michigan's Super Lawyers by Law and Politics Media, Inc.

Representative Cases/Transactions

Acting as primary counsel to the Detroit Metro Convention and Visitors Bureau, the area's primary tourism and convention marketing organization. Dave's counsel includes tax, corporate governance, employment, legislative, sponsorship and intellectual property matters.

Acting as primary counsel to the Detroit Super Bowl XL Host Committee, the organization that assisted the NFL with the staging of Super Bowl XL in Detroit. Dave incorporated the Host Committee and counseled it on corporate governance, contracting, intellectual property and tax issues, in addition to negotiating sponsorship agreements with many of the Fortune 500.

Acting a primary counsel to a computer services company in the spin-off its major division into an offshore joint venture with a foreign partner

Acting a primary counsel to several financial institutions in bankruptcy proceedings that included both loans secured by real estate or personal property and equipment leasing.

Counseling a German tier-one auto supplier on its warranty and recall liabilities to the original equipment manufacturers, as well as counseling an after-market auto accessories company that manufactures authorized accessories for OEM vehicles on similar issues 

Counseling a tier-one automotive stamping company on its real estate and supplier relationships

Represented developers in several multi-property portfolio acquisitions and sales, each totaling hundreds of millions of dollars in value.  

Defeated a preliminary injunction and obtained summary judgment at the end of the hearing for a client developing a residential site condominium project.  Plaintiff's lawsuit threatened to completely stop the project after a large investment had already been made.  

Assisted developer with acquisition of a brownfield from a large automotive company and negotiated indemnities and releases from environmental authorities to allow successful multi-phase re-development of the property with limited exposure for the client. 

Represented a large pension fund for many of its real estate investments, providing both mortgage and mezzanine financing. 

Represented several different commercial real estate lenders in multi-property loan workouts.

Documented and closed numerous commercial real estate loans.

Successfully defended a client against municipality's claim that contamination from client's property had migrated on to adjacent property and contaminated it.  

Acting a primary counsel to a computer services company in the spin-off its major division into an offshore joint venture with a foreign partner

Acting a primary counsel to several financial institutions in bankruptcy proceedings that included both loans secured by real estate or personal property and equipment leasing.

 
Education

B.A. Business Administration/Finance, Wayne State University, 1987

J.D. Magna Cum Laude, Order of the Coif, Wayne State University Law School, 1990

Professional Affiliations

Admitted: State Bar of Michigan; United States District Court for the Eastern District of Michigan

United States Supreme Court

Federal Bar Association 

Armenian American Bar Association 

American Bar Association

Member: Commercial Financial Services and  Banking Law Sub-Committees 

American Bankruptcy Institute
 
Civic Organizations

Southern Wayne County Chamber of Commerce Education Committee 

Trustee, Allen Park Board of Education, 1991, 1993 - 1996

U-Snap-Bac, Affordable Housing Group, Pro-Bono Counsel

St. Sarkis Armenian Church, Dearborn, Michigan 

Grosse Ile Youth Recreation Association 

Representative Publications

Intentional Infliction of Emotional Distress in the Child Custody Context 36 Wayne Law Review 125 (1990)