PRACTICE AREAS

Commercial Law, Transaction Law, Litigation, Bankruptcy

BACKGROUND & EXPERIENCE

Mr. Bogatz is a Martindale-Hubble® AV Preeminent™ rated attorney who has spent his entire 25 year career as a commercial business law attorney in Las Vegas. His practice has focused on the formation, financing, capitalization, and operation of businesses in Nevada, both on the transactional side as well as litigation, restructuring and bankruptcy related to those issues.

Within this general area of expertise, Mr. Bogatz has focused primarily on the real estate and development industries, gaming and technology companies as well as the restaurant and hospitality industries. Mr. Bogatz has provided his legal services through both traditional law firms and as General Counsel of both public and private companies. Mr. Bogatz has been named in the 2012, 2013 and 2014 editions of The Best Lawyers in America.

Mr. Bogatz has been named as a Super Lawyers® "Mountain States Super Lawyer" in 2016 and 2017.

LITIGATION EXPERIENCE

Mr. Bogatz has litigated and directed a wide range of commercial cases in southern Nevada, including:

  • Representing the plaintiff in a $500 million partnership dispute on a 2,000 acre master planned development, in the private arbitration and accompanying federal court and bankruptcy processes.

  • Representing entities in pre-packaged bankruptcy proceedings in numerous residential and commercial projects related to debt totaling over $300 million.

  • Representing the corporate and individual guarantor defendants on 25% of a $500 million action by Wachovia related to a syndicated credit facility on a 1,700 acre master planned development.

  • Representing entity and individual borrowers and guarantors on numerous bank actions for debt totaling over $500 million.

TRANSACTIONAL / CORPORATE / FINANCING EXPERIENCE

Mr. Bogatz has advised clients in numerous business and administrative law related areas. Key experiences include:

  • Oversaw over $2.5 billion in commercial debt financing facilities, including complex syndicated transactions.

  • Directly involved in over $1 billion in completed and ongoing debt restructuring transactions.

  • Orchestrated numerous corporate / equity transactions, including the reorganization of a real estate development organization with approximately $2 billion in assets, start-up private placement activity, as well as the structuring of subsidiary entities for domestic and foreign marketing and investment activities.

  • Lead numerous asset purchase transactions in the restaurant, hospitality and healthcare industries, among others.

  • Established marketing operations with offices in Hong Kong, Singapore and Taiwan, investment activity in mainland China, as well as licensing, marketing, joint venture and agency relationships throughout Europe, Asia, India and Canada.

  • Responsible for the creation and operations of public/private real estate joint ventures related to the bidding and development of over $1.5 billion in Bureau of Land Management real estate sale transactions.

  • Drafted, negotiated and closed millions of dollars in technology licensing agreements.

RESTRUCTURING / BANKRUPTCY

During economic downturns, Mr. Bogatz has also been deeply involved in the restructuring of businesses and debt, as well as Chapter 11 Bankruptcy Proceedings. Key experiences include:

  • From 2009 forward Mr. Bogatz has overseen and/or directly handled over 40 Chapter 11 Bankruptcy proceedings. Those Chapter 11s have resulted in successful Plans restructuring over $250 million in debt.

  • Mr. Bogatz has advised numerous companies with regard to restructuring options both outside and within bankruptcy proceedings.

  • Mr. Bogatz was directly involved in one of the largest real estate related Chapter 11 bankruptcies in southern Nevada's history involving a $1.2 billion project. The action started as an involuntary bankruptcy proceeding.

PROFESSIONAL EXPERIENCE 

Kaempfer Crowell Renshaw Gronauer & Fiorentino of Counsel (2008 to 2010)

Focus Property Group / Focus Management Services, Inc. (January 2005 to 2010)

Senior Vice President – General Counsel. Focus is privately held and was the largest real estate development company in Las Vegas, Nevada (with almost $2 billion in assets (at appraised value) and $1.4 billion in various financing facilities). Focus had six major master planned communities with residential and gaming components in southern Nevada and Victorville, California, ranging from 900 to 3,500 acres each, three of which remain at some level of development.

TRIRIGA / Marnell Corrao Associates (2000 to 2005)

Vice President – General Counsel and Secretary to TRIRIGA, and in-house legal services to MCA. MCA is a major gaming developer and design build firm in Las Vegas, having built Wynn, Bellagio, Mirage, parts of MGM and many other projects. Its wholly owned subsidiary, TRIRIGA, was a private technology company providing web-based facilities, operations, projects, and real estate management. Mr. Bogatz was a founding member of TRIRIGA, and the legal component of a small team that started TRIRIGA from initial concept, through acquisition of a competing entity to becoming a global leader in integrated workplace management. TRIRIGA was ultimately acquired by IBM.

Rio Suite Hotel Casino / Harrah’s Entertainment (1996 to 2000)

Vice President – General Counsel – Secretary to the Board of Directors for Rio Hotel & Casino while it was traded on the New York Stock Exchange, remaining as general counsel for the Rio division after the merger with Harrah’s Entertainment, Inc. in 1999.

Hale Lane (1990 to 1996)

Mr. Bogatz was a shareholder in the Las Vegas, Nevada firm of Hale Lane, which has since merged with Holland & Hart. Mr. Bogatz’ practice focused on business and corporate matters, gaming, as well as commercial litigation.

University of Nevada, Las Vegas (1990 to 1993)

Mr. Bogatz was a lecturer in business law and communications, and thereafter an adjunct professor in business law through 1993. Mr. Bogatz continues to remain active with the University on boards, as well as a guest lecturer on business law issues. In 2012, Mr. Bogatz partnered with business school professors in publishing a business law article for use at teaching universities and colleges.

Lionel Sawyer & Collins (1988 to 1990)

Mr. Bogatz was an associate attorney focusing on administrative law, lobbying, gaming and commercial litigation.

PROFESSIONAL ACTIVITIES

Mr. Bogatz is a founding member of the advisory board for the Boyd School of Law at the University of Nevada Las Vegas, as well as the University of Nevada Las Vegas Business School, where he chaired the Minority Development Task Force. Mr. Bogatz has been a lecturing and adjunct professor in business law and communications at the University of Nevada Las Vegas, and currently speaks often at education and legal continuing education programs, including the Clark County School District Pay Back Program and is an active participant in Nevada's Center for Entrepreneurship and Technology as well as Legal Aid Center of Southern Nevada.

BAR AND COURT ADMISSIONS

Mr. Bogatz is a member of the Nevada Bar and is admitted to practice in all state and federal courts in Nevada.

EDUCATION

J.D., University of Colorado, Boulder, Colorado, 1988 – Top 15%
B.A., University of Nevada Reno, Reno, Nevada, 1985 – With High Distinction

Harvard Business School, 2012 - Real Estate Executive Seminar - Capital Markets, Project Finance


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