Thomas J. Phillips

Practice Areas

REAL ESTATE

DISTRESSED REAL ESTATE

ENERGY & ENVIRONMENTAL

FINANCE

ENTERTAINMENT & MEDIA

HOSPITALITY & LEISURE

BANKRUPTCY & RESTRUCTURING

BRAND & REPUTATION MANAGEMENT

SPORTS

NAME, IMAGE & LIKENESS (NIL

Career

Thomas Phillips, chair of Brown Rudnick’s Global Real Estate Leasing Group, is one of the country’s preeminent real estate leasing and transactional attorneys. With over 30 years of experience in real estate law, he advises owners, developers, landlords, tenants, lenders, and investors in property acquisitions/sales, leases, development and permitting projects, debt and equity financings, workouts/restructurings, and other sophisticated real estate transactions. He has significant experience working with retail, leisure, hospitality and mixed-use properties, including in the cross-border context.

Tom has for many years been recognized as a leading real estate lawyer in Chambers USA and Legal 500, with clients commenting:

“Tom Phillips is brilliant in solving complex problems.”

“Tom knows retail leasing inside and out.”

“[Tom] is a great attorney and someone that we have relied on heavily through the years.”

“Tom is one of the few attorneys that is able to figure out on first glimpse the real issue within a complex problem with many moving parts.”

Tom serves on the International Council of Shopping Centers’ (ICSC) U.S. Law Conference Committee and previously chaired the ICSC Legal Advisory Council. A past ICSC state director, he is also a recipient of the ICSC Trustees’ Distinguished Service Award in recognition of his longstanding leadership and service to the organization

Professional Memberships

Real Estate Bar Association (REBA)

Boston Bar Association

Massachusetts Bar Association (appointed to Property Law Section Council, 1995-1998)

American Bar Association: Real Property, Trust and Probate Law, and Business Law Sections

International Council of Shopping Centers (ICSC): Law Conference Planning Committee (2023-present); Trustees’ Distinguished Service Award (2022); Legal Advisory Council member (2012-present) and Chair (2019-2022); New Retail Study Lease Model Task Force (2020-2021); Ambassador (2014-present); State Director (2009-2012); New England Idea Exchange Chair (2009) and Co-Chair (2008); and Next Generation Advisory Group (2005-2010), Eastern Division Chair (2007-2009) and State Chair (2005-2007)

National Retail Tenants Association (NRTA)

NAIOP

Urban Land Institute

Real Estate Finance Association (REFA)

Work Highlights

Prominent national and global retailers, including

Primark, an Irish-based fashion department store, in its US rollout of over 40 stores across 14 states (and counting), including its recently opened flagship at Herald Square in New York City; in its US office and logistics facilities leasing; in lease disputes; and in general lease administrative matters across the US.

Staples for over 30 years in over 500 transactions throughout the US, including leases for retail stores, sales offices, warehouse/distribution facilities, and a 45,000 square foot corporate data center; the purchase in bankruptcy court of a portfolio of 40 leases encompassing 1.7 million square feet of retail and warehouse space in multiple states; dispositions of over 1.5 million square feet of surplus property; sale/leasebacks; purchase and development of freestanding retail store sites; and in lease and land use disputes.

Ulta Beauty in over 400 retail store lease transactions (including the lease for its flagship at Herald Square in New York City); in its lease of a 400,000 square foot warehouse and distribution center; and in various lease disputes.

Home furniture and furnishings “clicks to bricks” retailer, in its retail store and warehouse/distribution leasing in multiple states.

Wagamama, a UK based Asian-inspired fast casual restaurant, in the negotiation of its US restaurant leases in multiple states and in related construction, development, operations, permitting, disposition and lease administration matters.

DXL Stores in the leasing of its 675,000 square foot headquarters office and warehouse/distribution facility.

Bed Bath & Beyond and affiliated brands Christmas Tree Shops and Cost Plus World Market in over 100 retail store leases.

Cruise Terminals International (CTI), in a ground lease with the Virgin Islands Port Authority for the long-term lease and redevelopment of the Port of Crown Bay in St. Thomas.

MGM Resorts in its land assembly and development of a world-class resort casino in Massachusetts.

Prominent global retailer family office in its US portfolio holdings, including acquisitions and leasing of office buildings in Boston and in dispositions of office and hotel properties in California,

Biomed Realty Trust and Prudential Life (JV) in the acquisition and financing of millions of square feet of space for purchase prices exceeding $1.25 billion, as well as in subsequent leasing, development, permitting, construction, and refinancing activities.

Queensgate Investments, a U.K.-based global hospitality operator, in its acquisition, financing and operation of hotels in Chicago, Los Angeles, Miami, New York City, and Washington, D.C.

The Fallon Company and Cornerstone (JV) in the retail and restaurant leasing components of a multi-building, multi-use development project in Boston’s Seaport.

Carpionato Group, owner of the largest portfolio of retail properties in Rhode Island, in the leasing of shopping centers in Massachusetts, Rhode Island and Connecticut, including leases to anchor tenant grocers and department stores.

F.X. Messina Enterprises in its sale of a 35-acre former industrial campus in suburban Boston for redevelopment into a multifamily residential project providing for 750 units of housing.

Finard Properties and AEW (JV) in the acquisition, permitting, clean-up, construction, debt and equity financing and lease-up for the redevelopment of an historic 18th century paper mill in Boston into a modern grocery-anchored shopping center.

Urban Meritage in leases to luxury and other high-end retailers on Newbury Street, Boston’s premier luxury and boutique shopping district.

GCP Applied Technologies, a publicly-traded construction products company, in the sale/leaseback of its 300,000 square foot, 26-acre corporate campus in Cambridge, MA and leases for new research and development facilities totaling over 60,000 square feet.

Herald Media, publisher of the Boston Herald, in leasing and relocating its headquarters to a 50,000 square foot facility.

Osram Sylvania in the sale/leaseback of a 300,000 square foot headquarters facility and four regional warehouse and distribution facilities totaling 750,000 square feet.

Global department store chain in over 40 development projects and proposals for freestanding facilities throughout New England, including negotiating purchase agreements for land assemblies, ground leases, joint development agreements and reciprocal easement agreements; rezoning projects; appearances in front of planning boards; zoning appeals; and tax assessment negotiations.

Boston Renaissance Charter School in the sale of its historic school building in the Back Bay of Boston and the purchase, clean-up, construction and financing of an old industrial site in the Hyde Park neighborhood of Boston for redevelopment into a new modern school campus.

Prominent technology company in its lease of a build-to-suit office building in Cambridge, Massachusetts, and in subsequent conversion of the building to lab use and attendant subleasing program.

National commercial bank in its management, leasing, redevelopment, and eventual sale of a distressed 250,000 square foot urban shopping mall and in an industrial revenue bond financing for an adjacent 1,000-car parking facility.

Developer in development, permitting, and financing of 65-lot planned residential open-space subdivision community north of Boston.

Education