Brian Auger

Of Counsel

Phone: 314.726.0405

Fax: 314.726.6786

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Brian joined the firm in 2024 and is a member of the Firm’s Real Estate and Corporate Practice Groups.  Brian focuses his practice on all areas of commercial real estate, including real estate development, sales, acquisitions, leasing, operations and management.  He has extensive experience with shopping center leasing as well as all forms of real property agreements related to the development and redevelopment of regional shopping centers.

Prior to joining the firm, Brian spent his entire career as in-house counsel and as an executive for retailers and landlords/developers, some of which are currently Fortune 500 companies. He has assisted his employers/clients in the drafting, negotiating and closing on acquisitions and sales of several chain retailers and numerous commercial properties including vacant land for shopping center and single tenant development and undeveloped land and developed outparcels.  He has extensive experience in assisting both landlords and tenants in the development, redevelopment, leasing and selling of retail properties.

Brian has also been a speaker at the International Council of Shopping Centers’ Law Conferences.

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  • Representative Experience

    Brian has represented clients in all types of commercial real estate transactions including the following:

    • Co-led acquisition of two regional mall shopping centers having very short due diligence periods and closed during the holidays within 30 days of each other.
    • Led and co-led negotiations and closings on several underperforming real estate assets valued at or below $40 million which required the coordination of the client’s various departments while addressing buyers’ due diligence and closing concerns.
    • Led negotiations and closings on ground leases and sales for a portfolio of outparcels that generated revenue as high as $50 million a year.
    • Responsible for redevelopment and leasing of a former department store building at regional mall in St. Louis.
    • Drafted, negotiated and completed master agreement for a package of 70+ renewals in less than 30 days.
    • Co-led acquisitions of several retail chains and co-led coordination of due diligence efforts by a team of attorneys to acquire a multi-billion dollar 62-store department store chain.
    • Provided legal and strategic business support to senior executives in various real property related matters such as assisting in the formation of deals prior to and during LOI negotiations, the formation of JV agreements and modifications thereto, and the acquisition or disposition of the client’s portfolio of centers and excess property.
    • Drafted and negotiated complex development/redevelopment/acquisition documents (development agreements, master declarations, confidentiality agreements, letters of intent, ground, space and air-rights leases, assignment agreements, bills of sale and service agreements).
    • Created forms for quicker ways to lease space and land including short form leases, popup licenses and master leases and licenses.
    • Implemented the legal process for a client’s newly created outparcel program by establishing research protocols, creating new forms of LOIs, leases and purchase and sale agreements, and establishing the standard legal positions for such transactions.
    • Drafted easement agreements for various purposes, including access, roadways, roundabouts, cross-parking, air-rights, encroachments, cell towers and billboards.
    • Drafted easement and operating agreements and declaration of easements, covenants and restrictions for developers to subdivide and sell off portions of their property.

  • Professional Affiliations & Memberships

    • The Tennessee Bar Association
    • Member of ICSC

  • Community Involvement

    • Volunteer to the Family Room, Greensboro, NC