Marc N. Epstein

Marc advises owners, developers, landlords, tenants and investors on commercial real estate and business transactions. For more than three decades, his work has covered the acquisition, sale, financing, leasing, development, management and construction of real estate. He structures and negotiates agreements for the acquisition, development and operation of properties, and has assisted clients with commercial real estate transactions on both domestic and international projects.

A significant part of Marc’s practice involves the agreements and investment structures behind real estate projects. He has helped clients form funds, joint ventures, partnerships, limited liability companies and real estate investment trusts (REITs) for investment in real estate. He has also negotiated more than a billion dollars’ worth of design, engineering and construction contracts, alongside agreements concerning the management, operation and leasing of commercial properties.

Marc advises on the development and operation of data centers and co-location facilities, including their particular design, engineering, construction, financing and leasing requirements. His work across other property types has included hotels and assisted living facilities, as well as retail, office, industrial, transportation, museum and entertainment projects.

• Represented a real estate investment fund in the sale of two data center facilities in the continental United States for a combined purchase price of $563 million.
• Represented a real estate investment fund in the development, construction and financing of more than 25 senior living facilities and 20 storage facilities.
• Represented a client in the formation of a new private equity fund with commitments of approximately $550 million.
• Represented a real estate investment fund in the acquisition and financing of three existing data center facilities in the continental United States, and the management company operating such facilities, for a combined purchase price of $545 million. The three facilities are owned by a REIT.
• Represented an investor/owner in the acquisition of two sites in the mid-Atlantic that will be used for the development of not fewer than six single-tenant, build-to-suit facilities. Represented the same client with respect to the construction financing of the project and in the negotiation of the related lease agreements, construction documents and operational documents for the transaction.

• Represented multiple clients with respect to data center construction loans in excess of $300 million in proceeds and loans on existing data center facilities with proceeds in excess of $1 billion, in the aggregate. 
• Represented an investor/owner in the sale of a 15 data center portfolio with an aggregate sales price of around $600 million.
• Represented a real estate investment fund with respect to the sale of a boutique hotel located in Washington, D.C.
• Represented a real estate investment fund in the acquisition and financing of a portfolio of stabilized office buildings in Southern Virginia valued at more than $167 million.

• J.D., Texas Tech University School of Law, cum laude, 1984

• B.A., Vanderbilt University, 1981

• The Legal 500 US, Real Estate, 2019–2025.
• The Best Lawyers in America, Real Estate Law, 2022.

• Member, Urban Land Institute.
• Fellow, Texas Bar Foundation.