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Fulbright & Jaworski L.L.P.


Jane Snoddy Smith - Fulbright & Jaworski LLP
Jane Snoddy Smith
Partner
D: +1 512 536 5238
Austin
600 Congress Avenue
Suite 2400
Austin, TX 78701-2978
T: +1 512 474 5201
F: +1 512 536 4598
"Practical business solutions for risk averse clients"
AREAS OF CONCENTRATION
EXPERIENCE

Jane Smith's practice focuses on transactional law with a concentration in commercial real estate. Her broad range of experience extends to the construction of mixed use and brownfield projects; the sale of industrial and office properties; the creation of joint ventures for multi-family, retail and office projects; the operation of shopping centers; the development of medical office buildings; the formation of urban redevelopment and public private partnerships and the negotiation of office, industrial, and retail space leases.

Jane has extensive expertise in shopping centers, having worked on transactions involving more than 130 regional, million-plus square foot centers in more than 34 states. She also has experience with equity investments in real estate, all types of lending secured by real estate representing life insurance companies, national banking associations and investment funds.

She represents clients on a range of complex multi-state and multi-national transactions. Her client counsel includes tax advantage strategies for investment property, the redevelopment of manufacturing sites into commercial uses, in-fill and mixed-used development and dispositions of properties needing remedial action plans.

Her clients have included banking institutions, real estate investment trusts, national insurance companies, pension fund advisors, national real estate developers and big box and department store retailers.

She has advised clients in all areas of land use regulation, including Brownfield No Further Action letters, zoning, taxation, air rights, public parks, public art and impact fees.

REPRESENTATIVE EXPERIENCE

Jane's recent projects include:

  • Representation of a national investment advisor to a state pension fund in the Midwest in the build-to-suit acquisition of multi-family housing in a city planned redevelopment project financed through tax abatements. City resolutions were successfully obtained so that all contract milestones were achieved on time.
  • Representation of a Canadian developer in the development, sale and financing of a regional shopping center with an associated planned residential, office and industrial community in the southeast involving a master plan of easements to divert existing waterways and control flooding in conjunction with the U.S. Army Corps of Engineers. All government permits were obtained and a layer of multiple covenant and restriction agreements permitted the development of the properties. The diversion of water also provided a recreational lake.
  • Representation of the nation's second largest bank in the finance of a U.S. REIT's acquisition of a substantial portion of the U.S. retail assets of a Dutch holding company. This transaction was completed on a fast track basis over a holiday season.
  • Representation of a national insurance company's foreign investment fund in the sale of a retail shopping center in Chicago prior to the completion of a Remedial Action Plan and receipt of a No Further Action letter. The client was able to close the fund as scheduled.
  • Representation of a pension fund advisor in the acquisition of a historic downtown Boston office building involving zoning issues and neighboring redevelopment concerns. The client was able to complete acquisitions within the quarter, allowing them to meet financial projections.
PROFESSIONAL ACTIVITIES AND MEMBERSHIPS
  • International  Council of Shopping Centers
    • Law Conference, Chair (2008)
    • Board (2000 - 2008)
  • CREW Network
    • President Elect (2008)
    • Director (2007 - 2008)
    • Recognition Committee Chair (2006)
    • Seattle Convention Program Committee (2005)
    • Nominating Committee (2005)  
  • CREW Austin, Inc., President (2005)
  • Texas General Counsel Forum - Austin San Antonio Chapter, Secretary (2008) 
  • Commercial Leasing and Strategy - Monthly Newsletter Editorial Board
  • American Bar Association - Real Property, Probate and Trust Law Section
  • State Bar of Texas
  • State Bar of Georgia
  • Missouri Bar Association
PROFESSIONAL HONORS
  • American College of Real Estate Lawyers (ACREL), Fellow (2008)
  • The Best Lawyers in America, Real Estate Law (2007)
PUBLICATIONS

Jane has published more than 25 articles on numerous topics and presented papers at the International Council of Shopping Centers U.S. Law Conference, the American Bar Association Annual Meeting, the Georgia Real Property Law Institute, Law Seminars International and the Texas Bar Advanced Commercial Real Estate Seminar.

Her recent publications and speeches include:

  • "Commercial Leases and Acquisitions: Serving the Unique Needs of Real Estate Investors and Users," (CTCAR - CLE) Instructor, Austin, Texas, July 17, 2008
  • "The Art of Business Conversation in an Increasingly Diverse Business World," ICSC 2008 ReCon, Las Vegas, NV, May 21, 2008 and BOMA International Conference, Denver, CO, June 24, 2008
  • "Four Things Lawyers Should Know About the Margin Tax," Texas Lawyer, February 18, 2008
  • “Effective Management of Corporate Real Estate Portfolios,” CCIM/IREM Success Series 2007, San Antonio, TX, October 19, 2007
  • "Protecting and Attacking Exclusive Use Provisions in Retail Leases," Commercial Leasing Law & Strategy, June 2007
  • “Recent Developments in Real Estate Law,” International Council of Shopping Center Law Conference, Orlando, FL, October 2006
  • "How Smart Tenants Lease Brownfields,” Commercial Leasing Law & Strategy, February 2005
  • “Recent Developments in Real Estate Law,” International Council of Shopping Center Law Conference, Orlando, FL, October 2006
  • "SNDA's and the Power of the Estoppel Certificate - How Landlords, Tenants and Lenders Can Learn to Play Together," International Council on Shopping Center Law Conference, October 2004
  • "Knowing What to Worry About Is the Key," The Flick Report, April 6, 2004
  • "Flexible Work Rules for Your Legal Department," The Texas General Counsel Forum, March 2004
  • "Options for Landlords with Troubled Tenants," Retail Law Strategist, December 2003
  • "Recent Development and Trends in Shopping Center Law," International Council of Shopping Center Law, October 2003
  • "Lessons Lenders Have Learned," International Council on Shopping Center Law Conference, October 2002
  • "The Dance of Negotiation," Advanced Conference on Commercial Real Estate Leases, Law Seminars International, May 2002
  • "When Subleasing Space, Three Can Be Company," St. Louis Business Journal, April 19-25, 2002
  • "The Critical Issues - The Economics of the Lease," Current Issues in Commercial Real Estate Leases in Missouri, National Business Institute, April 2002
  • "Bankruptcy and the Real Estate Lease - a Riddle, a Mystery, an Enigma," Current Issues in Commercial Real Estate Leases in Missouri, National Business Institute, April 2002
  • "Sublease Recognition Clauses: Achieving Stability While Protecting Against Risks," Commercial Leasing Law & Strategy, November 2001
  • "Covenants and Restrictions - Protecting the Future of Commercial Real Estate Developments," Missouri Annual Real Estate Institute, 2001
  • "Exit Strategies: No Fault Divorce in Commercial Real Estate," Texas Advanced Real Estate Law Course, 2001
  • "ALI-ABA's Practice Checklist for Drafting Leases III," December 2000
  • "How the Shifting Needs of High-Tech Have Caused Changes in Office Leasing," Commercial Leasing Law & Strategy, October 2000
  • "Airport Leasing: New Concepts in an Old Environment," The Commercial Property Lease, Volume III, American Bar Association, Real Property, Probate and Trust Law Section, August 2000
SPEECHES
  • "Joint Venture Investing" , NAREIM (National Association of Real Estate Investment Managers), Senior Officer Asset/Portfolio Management Discussion Forum, Chicago, Illinois, April 14, 2008
EDUCATIONAL BACKGROUND

1983 - J.D., Emory University School of Law
1976 - M.S., Special Education: Educational & Diagnostic Testing, Vanderbilt University
1975 - B.S., Biology, College of William and Mary

Jane is admitted to practice law in Texas, Georgia and Missouri.

INTERESTS

Jane enjoys spending time with her husband and three children.  She is dedicated to causes involving the health and development of young adults and advocacy for people with handicaps.

CIVIC INVOLVEMENT
  • "Fight SMA," a foundation supporting medical research for spinal muscular atrophy, Board Member (1991 - 2008)
  • United Way Law Section Women's Leadership Giving Program (1997 - 2008)
  • Trained Stephen's Minister






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