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Heather Sutton

Heather Sutton

Associate
About

Heather concentrates her practice in commercial real estate, as well as other infrastructure and construction related matters, representing real estate funds, developers, private equity companies, joint venture partners, and financial institutions.  Heather’s practice ranges throughout the different cycles of development of medium to large scale projects, including property acquisitions and dispositions, financing (lender and borrower side), restructuring, design, engineering, procurement and construction contracts, development and management agreements, leasing and ancillary matters.

Heather also has a background in oil and gas where she routinely represented landowners and operators in oil and gas leases, top leases, pipeline, road, and surface use easements and agreements, water use agreements and ancillary matters. In connection with her oil and gas practice, Heather has obtained and renewed critical permits on tribal, federal and state lands for specific operations throughout the Southwest portion of the U.S. up to and including Wyoming and the Dakotas and has served as regulatory counsel for a surface waste management facility in its general operations and development of new facilities in New Mexico and West Texas. 

Heather has a particular focus on the infrastructure sector and routinely advises on other related sector matters including energy.

Bar admissionsNew MexicoTexas
CourtsUnited States District Court for the Northern District of TexasUnited States District Court for the Southern District of TexasUnited States District Court for the Eastern District of TexasUnited States District Court for the Western District of TexasUnited States Bankruptcy Court for the Northern District of TexasUnited States Court of Appeals for the Fifth Circuit

EXPERIENCE

  • Represented several developers in the acquisition, financing, operating, and eventual disposition of on-campus and off-campus student housing facilities throughout the country
  • Represented a leading Chicago-based real estate private equity firm in connection with various acquisitions, financings, joint ventures, developments, and dispositions of student housing facilities, senior housing complexes, and medical office buildings throughout the United States (including various large portfolios)
  • Represented a Publicly Listed Company on the contracting of capacity for gas assets in California and performed related due diligence as to the leases, licenses, easements, and related agreements
  • Represented a Publicly Listed Company in the negotiation of leases and construction agreements for the Company’s rapid expansion throughout the United States
  • Advised a publicly traded company on the strategic spin-off into two independent entities, overseeing the transfer of 50+ properties and leases across 18 states and two locations in Mexico
    • Led the drafting and negotiation of 30+ complex transaction documents to facilitate a seamless transition, ensuring regulatory compliance and operational continuity
  • DLA Represented Harrison Street, a leading investment management firm specializing in alternative real assets, and fifteenfortyseven Critical Systems Realty (1547), a prominent developer and operator of data centers, in their acquisition of DRFortress, Hawaii’s largest carrier-neutral data center, from GI Partners
    • Provided strategic legal counsel, navigating complex transactional, regulatory, and operational considerations to facilitate a seamless acquisition
Education
  • J.D., St. Mary’s University School of Law, 2009
  • B.B.A., Texas Tech University, 2006

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