David H. Gunning II

Member;
Cleveland
P: 216.430.2026

David is co-chair of our national real estate practice and understands the complex and challenging issues facing the real estate industry. David’s experience spans the areas of real estate, commercial finance, construction, public finance, economic incentives, and general corporate law and includes real estate acquisition and dispositions, joint venture agreements, complex loan and finance documentation, negotiations/contracts, economic incentive transactions, and fund development. David has represented national lenders and other financial institutions; borrowers; national, regional and local developers; institutional and corporate owners; national retailers, and privately held businesses. David is the former president and chief executive officer of APM Management, LLC, one of the leading multifamily real estate acquisition and management companies in the Midwest.

David earned a J.D. from Cleveland-Marshall College of Law in 1994. He received a B.A. from Lake Forest College in 1989.

Representative Cases/Matters

Represented developer to obtain economic incentives for $35 million hotel project
Represented private equity company in the acquisition and financing of Colorado company and 2 facilities
Represented lender in the financing of $150 million credit facility
Represented borrower in a $30 million bond financing and economic incentive transaction for construction of manufacturing facilities in Ohio
Represented owner in sale of 5,300 apartments in multiple states to single buyer
Represented lender group in the $800 million financing for two casinos
Represented owner in the acquisition of 500 unit apartment complex in South Carolina
Represented owner in the acquisition and development of shopping center in Salina, Kansas
Represented owner in the acquisition of 450 unit apartment complex in Ohio
Represented owner in the development of 500,000 square feet of industrial property in South Carolina
Represented lender in a $670 million construction loan for a mixed-use project in New York, New York
Represented lender in the financing of acquisition of 16 retail sites in four states totaling $20 million
Represented lender in the financing of over $50 million in retail acquisition financing
Represented sponsors in private-placement offerings for multifamily, retail, and industrial acquisitions
Represented lender group in the financing of $130 million Racino
Represented an owner in the construction of a one million square foot new world corporate headquarters.
Represented an owner in the construction of 100,000 square foot aquarium
Represented national retailers in leasing work around the country
Represented private equity company in financing $100 million acquisition
Represented developer in the development of a $45 million mixed-use university project
Represented lender in multi-site healthcare facility transactions
Represented large non-profit agency in acquisition and sale of numerous commercial property in Cleveland Arcade.
Represented an owner in the acquisition and financing of multiple manufacturing facilities in multiple states
Represented a buyer of a national brand hotel
Represented developer in the development, financing, and construction of a hotel
Represented lender in the construction financing of 500 multi unit apartment complex in Florida
Represented university in construction of over 500,000 square feet of new buildings

Credentials

Admissions - Court

U.S. District Court for the Northern District of Ohio

Admissions - State

Ohio

Education

Cleveland-Marshall College of Law
Lake Forest College

Honors and Awards

Named by The Best Lawyers in America for Construction and Real Estate Law (2008-2013, 2017-2021)
Named an “Ohio Super Lawyer” by Ohio Super Lawyers magazine (2009-2011)
Named an “Ohio Super Lawyer-Rising Star” by Ohio Super Lawyers magazine (2005-2008)

Professional Membership

American Bar Association, Member
Ohio Bar Association, Member
Cleveland Metropolitan Bar Association, Board Member (2007-2009)

Public Service and Volunteerism

Cleveland State University, Chairman of the Board of Trustees
Cleveland Clinic Children's Hospital for Rehabilitation, Board of Trustees
Cleveland Clinic Children’s Hospital, Leadership Counsel
The Centers for Families and Children, Board of Directors
International Council of Shopping Centers, Member
Neighborhood Centers Association, Board Member
Greater Cleveland YMCA, Board of Trustees, Past Chairman of the Board
Ohio Republican State Central Committee’s 21st District, Elected Member (2006 to 2012)
Association of Corporate Growth, Member

Insights

Alerts

Blog Posts

News

Events

Speaking Engagements

Annual speaker since 1996 at the Cleveland Metropolitan Bar Association Real Estate Institute on real estate, finance and construction related topics
Frequent speaker for NBI, Inc., on real estate, finance and construction related topics
"Real Estate Transactions: Avoiding Pitfalls with Purchase and Sale Agreements, Loan and Other Documentation" National Business Institute, November 2020