Brian Cheney's practice is concentrated in real estate and commercial finance law, focusing on condominium, hotel, condominium hotel, resort, mixed use, and commercial real estate development and acquisitions; interstate land sales registration and compliance; commercial/retail leasing; real and personal property secured financing transactions; and general commercial and corporate transactions.
Representative Transactions
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Recent Transactions
- The Cosmopolitan Resort & Casino - Las Vegas, Nevada: Counsel for multi-billion dollar mixed-use project on the Las Vegas Strip including two condominium hotel towers, a 75,000 square foot casino, 300,000 square feet of retail and restaurant space and various resort related amenities. Assisted with all aspects of development, including preparation of federal and state disclosure and registration documents, condominium formation documents and condominium unit purchase and sale agreements. Advised client on Interstate Land Sales Full Disclosure Act compliance, construction financing and development of a condominium hotel unit rental program and oversaw and advised client on various disputes between condominium unit purchasers and developer.
- Trump International Hotel & Tower Las Vegas - Las Vegas, Nevada: Counsel for high-rise condominium hotel project near the Las Vegas Strip containing 1284 units to provide advice regarding all aspects of development including compliance with Interstate Land Sales Full Disclosure Act, preparation of condominium and hotel documents including declaration of covenants, conditions and restrictions, federal and Nevada disclosure and registration documents, condominium hotel unit purchase and sale contracts and rental management agreements.
- City Center - Las Vegas, Nevada: Local counsel for a multi-billion dollar master-planned urban complex located at the heart of the Las Vegas Strip on a 76-acre site including a resort hotel/casino, 800 hotel rooms, 1800 resort condominium units, 1500 hotel condominium units within a number of high-rise towers, and a 600,000 square foot shopping center. Assisted with all aspects of residential development including preparation of Interstate Land Sales Act and Nevada disclosure documents and drafting of condominium documents and reciprocal easement agreements. Also advised client with respect to closing and post-closing disputes.
- Represented national developer in the acquisition and development of a large multi-million dollar industrial site in Salt Lake City, Utah.
- Represented client in drafting and negotiation of large commercial office space lease in Murray, Utah.
- Advised developer in all aspects of development of a mixed-use subdivision near Salt Lake City, Utah, including drafting of necessary declarations of covenants, conditions and restrictions and reciprocal easements.
- The Signature at MGM Grand - Las Vegas, Nevada: Local counsel for three high-rise hotel condominium towers with 576 units each, assisted in various aspects of development including development of rental program.
Education
- University of Utah College of Law (J.D., 2000)
- Senior Editor, Utah Law Review
- National Moot Court Team
- University of Utah (B.S., Business Finance, 1997)
Court Admissions
- Supreme Court of Utah
- Supreme Court of Nevada
- United States District Court, District of Utah
- United States District Court, District of Nevada
Professional Memberships & Activities
- Utah State Bar
- Real Property Section
- Banking and Finance Section
- Business Law Section
- Nevada State Bar
- American Bar Association
- Real Property Section
- Business Law Section
Representative Presentations & Publications
- Working Out Hotels With Residential & Other Non Hotel Components: Condo Hotels, Mixed Use/Timeshares/Destination Clubs, Presenter, IMN’s 2nd Annual Distressed Hotels Symposium, Los Angeles, CA (November 8-9, 2010)
- Legal Issues in the Complex Leasing Transaction Part I, Co-Author and Continuing Education Instructor, State of Utah Department of Commerce Division of Real Estate (Active License April 2010-April 2012)
- Legal Issues in the Complex Leasing Transaction Part II, Co-Author and Continuing Education Instructor, State of Utah Department of Commerce Division of Real Estate (Active License April 2010-April 2012)
- Distressed Condominium Projects-Look Closely Before You Buy, Author, The Utah Banker Magazine (March/April 2009)
- A Practitioner’s Guide to Key Legal & Documentation Issues: Sales & Marketing Compliance, Hotel Residence Documents, Operating & Management Agreements, Presenter, IMN’s Annual Florida Symposium on Financing, Developing & Operating Mixed-Use Hospitality, Hotel Residences & Condo Hotels, Miami, FL (April 29-30, 2008)
- What Every Real Estate Developer Should Know About The Interstate Land Sales Full Disclosure Act, Presenter, Utah State Bar, Real Property Section (April 19, 2007)
- Sales & Marketing Compliance, Presenter, IMN’s Annual Florida Symposium on Financing, Development and Operating Condo Hotels, Hollywood, FL (May 22-23, 2006)
Professional Recognition & Awards
- Utah Legal Elite: Real Estate, Utah Business magazine (2009-2012)
- Mountain States Super Lawyers®, Real Estate - Rising Stars Edition (2008-2011)
Community Involvement
- Boys & Girls Clubs of South Valley, Utah, Board of Directors/Executive Committee
