Mark E. Lasee

(480) 429-4828
Partner
(480) 429-5001 Fax
Mark.Lasee@KutakRock.com

Mr. Lasee offers over 25 years of legal practice affording a vast array of experience in business and real estate matters in Arizona. An AV® Preeminent™ rated lawyer and a real estate specialist certified by the Arizona State Bar, Mr. Lasee’s practice focuses on significant commercial real estate and business transactions.

He is a member of Kutak Rock’s National Pension Practice Group, which represents plans in several states, his current focus being on private equity and hedge funds investments. He is a member of the National Association of Public Pension Attorneys and has represented pension plans in placing well over $1 billion of their assets in domestic and offshore deals.

His real estate experience includes negotiating and documenting scores of deals relating to the acquisition, leasing, and financing of commercial real estate. He also has guided mid-market clients through the purchase and sale of companies in most major industries, with an emphasis in construction-oriented businesses.

Mr. Lasee is also a member of the firm’s Alternative and Renewable Energy Group and is involved in the representation of lenders and developers in solar and wind energy projects located in the Western United States.

Testimonials:

“Mark and I worked together on a couple of real estate and development projects for a common client. Mark’s command of the issues and process were outstanding and his turn-around times were excellent. It was a pleasure working with him and I look forward to working with him again.”

     Michael V. Clements, Vice President, Key Bank

“Mark’s personable demeanor is key to his brilliance in relating to clients. His integrity, coupled with his vast and varied experiences in the legal profession have served him well in honing his craft and developing his keen eye for detail. Mark is a true professional, open to expanding horizons in his field of practice.”

     Lisa E. Holder, CEO, Fair Skies Development, LLC

“Mark has assisted both me and my clients on many occasions with real estate transactions large and small since 2005. He is particularly adept at quantifying risk, whether it be on an acquisition or sale. I find his advice and thoroughness to be critical in all my transactions. Most highly recommended!”

     Erik Swanson, President, Hague Creek Companies

Deals:

  • Bridgewater Pure Alpha Fund II, Ltd. $200 Million investment in a hedge fund trading in international futures, commodities, equity, fixed income, currency, options and other markets.
  • FrontPoint Offshore Multi-Strategy Fund Series A, L.P. $75 million investment in a hedge fund established as a Cayman Islands limited partnership, seeking risk-adjusted absolute returns with low correlation to the broad equity and fixed-income markets utilizing multiple investment strategies.
  • Global Ascent. $200 million investment in a hedge fund established as a Cayman Islands exempted company, seeking absolute returns by employing a long/short leveraged strategy in various global markets.
  • Blackstone Capital Partners V-AC L.P. $30 million investment in a $12 billion Delaware limited partnership, in large cap companies in the United States and Western Europe.
  • Goldman Sachs Credit Opportunities Institutional 2008 Fund, L.P. A $125 million investment in a Cayman Islands exempted limited partnership, in a portfolio of investments in publicly traded and privately held securities, derivatives and other instruments, primarily in the mortgage, asset-backed, commercial mortgage-backed and other mortgage-backed securities.
  • Blackstone Real Estate Partners VI.TE2 L.P. $70 million investment in a $10.2 billion Delaware limited partnership managed by affiliates of the Blackstone Group in the commercial office and hotel properties, and publicly traded REITs.

Case of Interest:

Main I Limited Partnership v. Venture Capital Construction and Development Corporation, 154 Ariz. 256, 741 P.2d 1234 (App. 1987). The Arizona Court of Appeals found that a technical violation of notice requirements under Arizona’s statutory scheme for foreclosure by a private trustee under a power of sale was insufficient to overturn the trustee’s sale.

Various Continuing Legal Education and client presentations:

  • “Arizona Real Estate Transactions from Listing to Closing”
  • “Commercial Real Estate Transactions”
  • “Arizona Operating Agreements for Real Estate Transactions”
  • “Arizona Mechanics’ Liens in a Nutshell”

Mr. Lasee’s representation concerning alternative investments consists primarily of the negotiation of private equity and hedge fund transactions with fund counsel for international and domestic funds targeted by public pension plan investment consultants. Such activities include the negotiation of side letter terms, including Most Favored Nations clauses, addressing regulatory and investment policy compliance and ensuring investment staff’s business deal terms are fully realized.

In conjunction with such negotiations, Mr. Lasee reviews the offering documents, including limited partnership and limited liability company agreements, articles of association, private placement memoranda, subscription agreements, investment advisory agreements and management agreements. Based on such review, he reports to pension plan investment staff on deal structure, material legal and deal terms, and identifies potential pitfalls. He is further involved in recommending elections under the side letter’s Most Favored Nations clause, overseeing due diligence investigations concerning fund general partners, investment managers and key personnel, addressing public records requests concerning such investments and undertaking a review of applicable formation, tax and securities legal opinions.