S. Joshua Kahane
Josh Kahane is a leading national commercial litigator with extensive experience representing clients in a broad range of complex commercial disputes. He has been featured in Forbes, Fortune, Money, and Bloomberg Business Week and was the cover and feature attorney in the 2020 Top 100 Attorneys in America publication. Licensed to practice in Tennessee, Mississippi, Arkansas, Texas, New York, New Jersey, and the District of Columbia, and having been specially admitted as lead counsel in no fewer than nine other states, Josh is considered a “BET THE COMPANY” trial attorney who has successfully litigated public and private companies’ most important and highest-stakes matters in federal and state courts throughout the United States. In 2021, Josh was named the “Face of Litigation” by Memphis Magazine and one of Memphis’ Business “Power Players.”
With broad experience in all aspects of the litigation lifecycle, Josh deploys a business minded approach to litigation strategy and dispute resolution. As an advocate for both plaintiffs and defendants in the courtroom, boardroom, and before government agencies, he couples a unique brand of creative thinking with a command of the facts and law that allows him to drive exceptional results for his clients. Clients value his approach to problem solving and aggressive advocacy. Josh is a key asset for his clients – someone to whom they regularly turn for guidance and strategic thinking beyond the scope of a legal dispute.
Josh often represents multi-family and commercial property owners and management companies defending targeted efforts by financial institutions who seek to adversely restructure commercial loans, implement receiverships, and foreclose real property assets. In addition to serving as lead counsel in litigation, he has also assisted clients in loan renegotiations, modifications and restructurings. He works closely with clients to assess their individual needs, and then assists them in finding the best possible options to reach their unique short- and long-term goals including Discounted Payoffs (DPO), debt subordinations (A/B Notes), interest rate and amortization relief and recapitalizations.
Josh also represents shopping centers, national property management firms, property owners and investors, and high-volume residential investors, with portfolios that include over 4 million multi-family housing units, more than 1.5 billion square feet of commercial space, over 2 million units of affordable housing, and 25,000 units of military housing, advising them regarding drafting and interpretation of leases, amendments, indemnification agreements, releases, and other types of contracts and has broad experience in other areas of real estate litigation, such as actions for specific performance of real estate contracts, reformation of deeds and quiet title actions, partition, premises liability, and other areas. He has resolved hundreds of lease disputes and lease interpretation issues, such as restrictive and exclusive-use covenants, radius clauses, anchor tenant clauses, constructive eviction, successor liability, tenant improvement disputes with national tenants, jurisdiction issues, mold and habitability issues, and others. A recognized authority in the area of Landlord-Tenant matters, Josh is highly experienced representing multi-family and commercial property owners and management companies before Courts in Memphis, Tennessee; Nashville, Tennessee; Jackson, Tennessee; Northern Mississippi; and Jackson, Mississippi. In addition, he regularly represents individuals and companies before the General Sessions 14 Environmental Court in Memphis on code citation, zoning, and commercial signage matters, and before the City of Memphis and administrative departments on land use matters of all types.
Josh has developed a highly successful practice providing counsel and representation to owners and management entities across the United States before city councils, local governments, and municipality departments. This counsel has been in connection with a wide range of redevelopment and real estate related issues such as building standards, zoning requirements, neighborhood preservation, and other conditions or conduct affecting public health, safety or welfare. He has successfully shielded clients from the commencement of costly litigation and negotiated instead improvement plans with government representatives and their attorneys which resulted in the dismissal of city and county claims, preservation of the subject assets, and the waiver of millions of dollars in fees, fines, and penalties.
Josh, literally, wrote the book on landlord and tenant law. In 2011, he authored “Landlord Tenant Law – Guide and Handbook” a reference to the practice of landlord and tenant law in Shelby County, Tennessee. Having sold and distributed the first edition in less than 6 months, and its second printing in less than 3 months, Landlord Tenant Law – Guide and Handbook, is currently in its third printing. From its thorough and easy-to- read description of the eviction process and post-judgment collection strategies, to the text of the updated Uniform Residential Landlord Tenant Act with interlineated comments, to sample form pleadings and notices, Landlord Tenant Law – Guide and Handbook has become a must-have resource for legal practitioners, property management companies, and multi-family property owners.
A well-known and sought after lecturer, Josh has presented seminars commercial litigation, landlord and tenant practice, fair housing, and CAM training, for judges, lawyers, and property professionals across the mid-south.
Josh is a SUPERLAWYER© in the areas of Real Estate Law and Business Litigation and has been recognized as one of the BEST LAWYERS IN AMERICA©.
While not verified, it is believed that he is the only real estate lawyer in the United States for whom a bobble head doll, bearing his exact likeness, has been made.
- Temple University School of Law, 2004
- University of Pennsylvania Wharton School, Graduation with Honors, 2004
- Yeshiva University, Magna Cum Laude, Political Science and Sociology, 2001
ADMITTED TO PRACTICE
- New York
- New Jersey
- District of Columbia
- United States Supreme Court
- United States District Court for the Western District of Tennessee
- United States District Court for the Middle District of Tennessee
- United States District Court for the Eastern District of Tennessee
- United States District Court for the Southern District of Mississippi
- United States District Court for the Northern District of Mississippi
- United States Court of Appeals for the District of Columbia Circuit
- United States Court of Appeals for the Fifth Circuit
- United States Court of Appeals for the Sixth Circuit
- Named the “Face of Litigation” – Memphis Magazine, 2021
- Named “Memphis Buisness Power Player,” 2021
- The Best Lawyers in America – Real Estate Litigation – 2019, 2020, 2021
- “Best of the Bar” – Litigation – Memphis Business Journal – 2020
- Attorney for Justice Award, Tennessee Supreme Court, 2020
- SuperLawyers – Real Estate and Business Litigation – 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020
- America’s Top 100 Bet-the-Company Litigators – 2020
- Gold Medalist, Maccabi USA Men’s Masters National Basketball Team, Mexico City, 2019
- “Guests of Honor” – Margolin Hebrew Academy/Feinstone Yeshiva of the South 69th Annual Scholarship Banquet – 2019
- Bronze Medalist, Maccabi USA Men’s Masters National Basketball Team, 20th Maccabiah Games, Israel, 2017
- Chairman, Maccabi USA Men’s Masters National Basketball Team, 20th Maccabiah Games, Israel, 2017
- Silver Medalist, Maccabi USA Men’s Masters National Basketball Team, Santiago, Chile, 2015
- “Jefferson Award” Nominee – Commercial Appeal – 2011
- “Top 40 Under 40” – Memphis Business Journal – 2009
- “Community Service Award” – Baron Hirsch Synagogue – 2009
- “National Leadership Award” – Yeshiva University (Presented in Orlando, FL) – 2009
- “Man of the Year” – Margolin Hebrew Academy/ Feinstone Yeshiva of the South – 2008
- “National High School Basketball Coach of the Year Nominee” – JVElite (New York, NY) – 2008
- White House Intern – Office of the Public Liaison – Clinton Administration
- Board of Directors: Orthodox Union, 2021-2022
- Officer and Executive Committee Member: Young Israel of Memphis – 2020-Present
- Legal Counsel: Young Israel of Memphis – 2017-Present
- Legal Counsel: Margolin Hebrew Academy/Feinstone Yeshiva of the South Board of Trustees- 2014-Present
- Executive Committee Member: Margolin Hebrew Academy/Feinstone Yeshiva of the South Board of Trustees- 2008-Present
- Executive Committee Member– Memphis Kollel 2015-Present
- Board of Trustees: Yeshiva University Azrieli Graduate School of Education and Administration, 2013-Present
- Board Member: Young Israel of Memphis – 2018-2020
- Legal Counsel: Memphis Jewish Community Center Board of Directors (Executive Committee Member)- 2008-2010
- President: Margolin Hebrew Academy/Feinstone Yeshiva of the South Board of Trustees- 2011-2014
- Board Member: Apartment Association of Greater Memphis- 2012-2015
- Director: Jewish Foundation of Memphis- 2012-2016
- Executive Committee Member: Baron Hirsch Synagogue Board of Trustees- 2008-2011
- Member: Memphis Jewish Federation Board of Directors- 2007-2016
- Founder/Director: Cooper Yeshiva High School National Invitational Basketball Tournament
- Intern: Office of the Public Liaison, The White House: Clinton Administration
- File and prosecute 500+ residential evictions per month in courts across Western and Central Tennessee, North Mississippi, and Metro Jackson, Mississippi.
- Represent owners and management entities in bankruptcy proceedings, secure creditor side interest in real property, gain foreclosure and/or dispossession authority for post-petition delinquent tenants.
- Represented buyers and sellers in acquisitions and disposition transactions valued at well over $375,000,000.00.
- Negotiated loan restructure post borrower default of $17,000,000.00 loan with return by lender to borrower of $700,000.00 in default interest.
- Negotiated settlement of a 9.2 million dollar litigation claim involving 116 parties spread throughout the United States, Canada, London and Israel.
- Defended lawsuit filed by Texas area City Attorney’s office against national real estate investment company seeking judicial foreclosure of several multi-family assets, and the imposition of fines and penalties against owners. Successfully gained dismissal of City’s lawsuit and the underlying claims, removal of all encumbrances to title of the asset, and the waiver of fines and penalties.
- Won complete dismissal by summary judgment of $100,000,000 lawsuit filed against national real estate trust.
- Shielded Client from lawsuit threatened by Texas’s Attorney General for violation of the particular state’s strict “health and safety regulations”; negotiated improvement plan for Client; presented plan to City Mayor and City Council; resolved matter with waiver of fines and penalties previously assessed against owners.
- Successfully defeated injunction sought to block closing of multifamily portfolio sale.
- Negotiated $2,500,000.00 settlement in favor of Client for lawsuit against insurance company alleging bad faith and breach of contract.
- Represented post-merger national labor union in dispute involving ownership rights over valuable commercial property held by the predecessor local union. Negotiated conveyance of real property from local union to Client. Devised conveyance strategy and negotiated reduction in conveyance tax liability.
- Negotiated a significant settlement on behalf of a 9 year old girl exposed to lead based paint.
- Represented Daimler Chrysler Corporation in multiple regional lawsuits involving vehicle warranty, contract litigation and corporate purchase agreements.
- Special emphasis on Estate Planning, Administration, and Litigation, Trust Formation, and Petitions for Conservatorships
PRESENTATIONS & PUBLISHED ARTICLES
- Kahane Report- Monthly newsletter on topics of relevance to multi-family owners and managers.
- Tennessee Real Estate Law Conference, Nashville, TN- Presentation: Landlord-Tenant Law and Litigation,October 2015
- Sterling Executive Seminars- Full day presentation on Landlord-Tenant Law and Bankruptcy- 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017
- Tennessee Attorney’s Memo- National Webinar on Commercial and Residential Leasing, June 2015
- Tennessee Attorney’s Memo- National Webinar on Evictions, Court and Litigation, July 2015
- Apartment Association of Greater Memphis Fair Housing Seminar- 2014, 2015, 2016
- Apartment Association of Greater Memphis Education Conference- Legal Section Instructor- 2015, 2016, 2017
- National Apartment Association, Certified Apartment Manager, Legal Section Instructor- 2014, 2015, 2016, 2017
- National Business Institute Seminar- Retail, Office & Restaurant Leases: Key Provisions and Warranties, 2013, 2015, 2015
- Landlord Tenant Law- Guide and Handbook, 1st Edition Published 2012, 2nd Edition Published 2013