S. Leigh "Bo" Rodenbough IV

Bo Rodenbough focuses his practice on litigation of complex interest rate swap and other financial services, construction, real estate, professional malpractice, business tort and contract disputes. He also represents owners, developers and lenders in complex commercial real estate transactions.

He has a deep background in litigation, with specific experience in financial services, construction and contract and businesses tort litigation.

Since the credit crisis in the fall of 2008, Bo has been heavily involved in the restructuring, unwinding and litigation of interest rate swaps and other derivatives for real estate developers and other commercial, institutional and governmental clients. He has also counseled owners and developers, but sometimes lenders as well, in the workout of distressed real estate financing, including debt restructuring, non-judicial settlements, forbearances, foreclosures and guaranty obligations.

Bo has long worked with real estate construction and development clients in the prosecution and defense of claims by and against owners, lenders, subcontractors and suppliers involving the construction of schools, jails and other governmental buildings, multifamily projects and office and retail buildings. He also counsels owners and developers in the workout and litigation of distressed real estate projects, including the partitioning of properties, the dissolution of business entities and associations, and disputes involving development, leasing and property management contracts. Bo has also been involved in a number of complex land title and boundary line disputes and represents taxpayers in the prosecution of property tax valuation appeals.

He has litigated complex contract and business tort disputes in the state and federal courts of North Carolina and across the United States. Bo’s experience in this area includes ERISA class action, covenant not to compete, breach of environmental and other warranties, purchase price adjustment, intellectual property and trade secret cases.

Additionally, Bo successfully defends accounting, law, engineering and surveying clients in professional malpractice litigation in the state and federal courts of North Carolina and surrounding states. He also represents those professionals in defense of complaints filed with or by professional licensing boards.

Bo has long served as counsel to developers, builders and owners over the lifespan of projects, including the acquisition, development, construction, municipal entitlement, management, operation and sale of multifamily, commercial office, medical, mix-use and planned residential and resort developments. In the course of those projects, he provides advice and assistance on joint venture and other entity documentation, due diligence activities, contract negotiations and documentation, the imposition of easements and restrictions, the formation and governance of property owners associations and compliance with environmental, land use and other regulatory requirements, including the federal Interstate Land Sales Full Disclosure Act and state land sales regulations.

He advises clients on numerous types of debt and equity financing for their projects, including construction, permanent and mezzanine loans, participating financing and institutional joint venture investments and securitized mortgage and life insurance lender loans. He also works with clients in obtaining and closing on a variety of government-backed loans, including SBA and HUD financing.

Bo works with the Firm's clients in the acquisition and disposition of income-based properties in tax-free exchanges under Section 1031 of the Internal Revenue Code. His work in this area includes the structuring and implementation of deferred, reverse and build-to-suit exchanges, as well as the formation and divesture of tenant-in-common (“TIC”) exchanges.