Katherine A. Tapley

Partner
Norton Rose Fulbright US LLP

San Antonio
United States
T:+1 210 270 7191
San Antonio
United States
T:+1 210 270 7191
Katherine A. Tapley

Katherine A. Tapley

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Biography

Katherine has amassed experience with all aspects of complex commercial real estate transactions, with a specific emphasis on the financing and development of multi-family projects, healthcare facilities, entertainment venues and other commercial real estate across multiple jurisdictions.  Katherine has extensive experience representing developers and lenders in a broad range of real estate financing matters, including construction financing, mezzanine financing and new markets tax credit financings, as well as workouts, foreclosures and other remedial matters.   Katherine's experience extends beyond the borders of Texas, and she is well-versed in multistate real estate transactions.  Katherine also routinely works on land use matters.  In addition, Katherine represents entities on a wide range of economic development and municipal law issues.

Katherine also serves as the US Chief of Diversity, Equity & Inclusion and the US Chair of the Diversity, Equity & Inclusion Committee for Norton Rose Fulbright and previously served as the Chair of the US Women in Norton Rose Fulbright Network.

Katherine served as the City Attorney for the City of Schertz, Texas (San Antonio's largest suburb) during 2013, after previously serving as the Assistant City Attorney.

While in law school, Katherine served as a judicial intern for the Honorable Emilio Garza, United States Court of Appeals for the Fifth Circuit, as well as a judicial intern for the Honorable Leif Clark, United States Bankruptcy Court for the Western District of Texas.

Prior to her legal career, Katherine worked in marketing for industries including optometry / ophthalmology, semiconductors and electronic design automation, Internet technologies, digital photography and financial services.


Professional experience

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JD, summa cum laude, St. Mary's University School of Law, 2007
BA, BJ, French and Journalism with Public Relations Concentration, The University of Texas at Austin, 1999

While in law school, Katherine served as the Solicitation and Articles Editor (2006 - 2007) and Staff Writer (2005 - 2006) for the St. Mary's Law Journal. She was a member of Phi Delta Phi and the John M. Harlan Honor Society. Katherine was awarded the Pro Bono Achievement Award.

Katherine is admitted to practice law in Texas.

  • Texas State Bar

Katherine's recent projects include:

  • representation of a private equity firm in connection with real estate aspects of the acquisition of a Texas-based restaurant chain with 800+ units across 10 states with reported annual sales of more than $2 billion
  • representation of a leading community foundation in connection with the acceptance of the largest philanthropic gift in the U.S. in 2015, which gift included operating motion picture theatre businesses, rental retail real estate businesses and other assets valued at more than $600 million;
  • representation of lender in connection with the sale of a portfolio of more than 670 multi-family loans valued at more than $280 million;
  • representation of lender in connection with the sale of a portfolio of 110 commercial loans valued at more than $98 million;
  • representation of lender in connection with the sale of a loan portfolio involving more than 22,000 loan documents;
  • representation of a national high-end multi-family developer in connection with multiple projects, including a three-phase mixed use development project with a total estimated value of approximately $364 million;
  • real estate loan workout on behalf of a lender consortium involving more than 50,000 acres of ranch land related to loans in the original principal amount of more than $52 million, including preparation and negotiation of settlement agreement among lender consortium, borrowers and guarantors, and closing the settlement transaction in which property was conveyed to new special purpose entities, as well as assisting the lender consortium in the sale of all property that was acquired in connection with the settlement to various third party purchasers;
  • representation of borrowers in connection with development and financing related to new markets tax credit transactions;
  • representation of municipality and economic development corporation regarding economic development incentive agreement for the development of a one million plus square foot distribution center;
  • workout related to property portfolio consisting of more than 90 properties;
  • annexation and related development agreements in lieu of annexation of approximately 3,300 acres;
  • representation regarding suspected elections irregularities in connection with one county's administration of a portion of a multi-county election, including coordination with the Texas Secretary of State and observance of a court-ordered county-wide multi-election recount; and
  • establishment of new commercial developments, including negotiation and drafting of commercial easements, covenants, and restrictions and negotiation and drafting of owners' association declarations and related documentation.
  • Lawdragon 500 Leading Global Real Estate Lawyers (Inaugural List), Lawdragon, 2024
  • Legal 500 US, Recommended lawyer: Real estate, The Legal 500, 2024
  • Best Lawyers in America - Real Estate Law, Best Lawyers, 2019 – 2024
  • Best S.A. Lawyers - Real Estate, San Antonio Scene - Multi-year recipient
  • American College of Real Estate Lawyers, Fellow
  • Women's Leadership Award, San Antonio Business Journal, 2024
  • Outstanding Lawyer Award, San Antonio Business Journal, 2019
  • College of the State Bar of Texas, 15+ year Fellow
  • Texas Bar Foundation, Fellow
  • 40 Under 40, San Antonio Business Journal, 2011
  • Texas Rising Star, Real Estate, Thomson Reuters, 2012 – 2017
  • Rising Star, S.A. Scene, Scene Publications, LLC, 2009, 2012 – 2013
  • Americas Region Diversity Champion, IFLR, 2024
  • Diversity & Inclusion Award (Inaugural Recipient), San Antonio Business Journal, 2021
  • Diversity Leader Award, Diversity Journal, 2023 & 2024
  • Global Inclusion Award, Norton Rose Fulbright, 2019
  • "Distressed Loans, Workouts, and Communicating with Your Lender When Your World is Upside Down" State Bar of Texas 46th Annual Advanced Real Estate Law, July 12, 2024
  • "Distressed Loans and Drafting Issues Related to Workouts and Foreclosures," State Bar of Texas 35th Annual Advanced Real Estate Drafting, March 14, 2024
  • “Practice Tips Related to Loan Defaults and Workouts,” State Bar of Texas 16th Annual Advanced Real Estate Strategies, December 9, 2022
  • “Real Estate Joint Ventures Involving Private Equity Funds: Regulatory, Structuring and Practical Considerations,” American College of Real Estate Lawyers Spring Meeting, Joint Paper with Panel, March 25, 2022
  • "Practice Tips Related to Loan Disputes and Workouts," State Bar of Texas 43rd Advanced Real Estate Law, July 10, 2021 
  • "Update and Refresher on Foreclosures and Workouts: Ten Things Every Real Estate Attorney Needs to Know," State Bar of Texas 41st Advanced Real Estate Law, July 12, 2019
  • "Potential Issues Related to Negotiation and Documentation of Commercial Real Estate Construction Loans," State Bar of Texas 11th Annual Advanced Real Estate Strategies, Chapter 3, December 7, 2017
  • "Using Condominium Regimes to Help Achieve Successful Development Results," State Bar of Texas Advanced Real Estate Drafting Course, March 24, 2017
  • "Development Related Financing Issues," State Bar of Texas 37th Annual Advanced Real Estate Law, Chapter 30, July 9-11, 2015
  • "Solving Development Problems - A Discussion of Selected Development Issues," State Bar of Texas 8th Annual Advanced Real Estate Strategies, Chapter 5.1, December 5, 2014
  • "Master Leases: A Guaranty Substitute or the Gift that Keeps on Taking," The University of Texas School of Law's Mortgage Lending Institute, September 18, 2014 and October 2, 2014
  • "Mixed Use Master Plan Developments – An Overview of Drafting Issues," Advanced Real Estate Drafting Course, March 1, 2012
  • "New Law Complicates Foreclosure Sales in Texas," St. Mary's Law Journal, 41 St. Mary's L.J. 525 (2010)
  • "Foreclosure Sales May Face Trouble," San Antonio Express-News, August 25, 2009
  • "Automatic Tolling of the Voluntary Departure Period - A Circuit Split" Recent Development, St. Mary's Law Journal, 39 St. Mary's L.J. 185 (2007)
  • "Distressed Loans, Workouts, and Communicating with Your Lender When Your World is Upside Down" State Bar of Texas 46th Annual Advanced Real Estate Law, San Antonio, Texas, July 12, 2024
  • "The Current State of Lending: Strategies for Obtaining Capital in an Ultra-Competitive Market," CRE Investment Forum, Panel, Dallas, Texas, April 18, 2024
  • "Distressed Loans and Drafting Issues Related to Workouts and Foreclosures," State Bar of Texas 35th Annual Advanced Real Estate Drafting, Dallas, Texas, March 14, 2024
  • "Alternative Assets & Real Estate," The Global 51 Salon Series, Panel, Dallas, Texas, June 1, 2023
  • “Guaranty Agreements in Commercial Real Estate Financing,” State Bar of Texas 34th Annual Advanced Real Estate Drafting, Houston, Texas, March 31, 2023
  • “Practice Tips Related to Loan Defaults and Workouts,” State Bar of Texas 16th Annual Advanced Real Estate Strategies, Panel, Fredericksburg, Texas, December 9, 2022
  • “Real Estate Joint Ventures Involving Private Equity Funds: Regulatory, Structuring and Practical Considerations,” American College of Real Estate Lawyers Spring Meeting, Panel, Amelia Island, Florida, March 25, 2022
  • "Practice Tips Related to Loan Disputes and Workouts," State Bar of Texas 43rd Advanced Real Estate Law, San Antonio, Texas, July 10, 2021 
  • “How to Negotiate with Your Lender When the World is Upside Down," State Bar of Texas 14th Annual Advanced Real Estate Strategies, Panel, Dec. 10-11, 2020
  • “Danger! Danger! Letters of Intent – When Non-Binding Letters of Intent Become Binding,” State Bar of Texas 42nd Advanced Real Estate Law Course, July 9, 2020
  • "Update and Refresher on Foreclosures and Workouts: Ten Things Every Real Estate Attorney Needs to Know," State Bar of Texas 41st Advanced Real Estate Law, San Antonio, Texas, July 12, 2019
  • "Potential Issues Related to Negotiation and Documentation of Commercial Real Estate Construction Loans" Panel Participant, State Bar of Texas 11th Annual Advanced Real Estate Strategies, Horseshoe Bay, Texas, December 7, 2017
  • "Using Condominium Regimes to Help Achieve Successful Development Results," State Bar of Texas Advanced Real Estate Drafting Course, Houston, Texas, March 24, 2017
  • "Development Related Financing Issues," State Bar of Texas 37th Annual Advanced Real Estate Law Course, San Antonio, Texas, July 11, 2015
  • "Solving Development Problems" Panel Presentation, State Bar of Texas 8th Annual Advanced Real Estate Strategies, Galveston, Texas, December 5, 2014
  • "Master Leases: A Guaranty Substitute or the Gift that Keeps on Taking," The University of Texas School of Law's Mortgage Lending Institute
    • Austin, Texas, September 18, 2014
    • Dallas, Texas, October 2, 2014
  • "Crisis Management: From Internal Understanding to External Action: Protecting Business Continuity and Real Estate Assets" Panel, ACCA, San Antonio, Texas, December 4, 2013
  • "Legal Issues Facing Texas Cities Q&A," Texas Municipal League, Region 7 Conference, Schertz, Texas, April 13, 2012
  • "Mixed Use Master Plan Developments – An Overview of Drafting Issues," Advanced Real Estate Drafting Course, Irving, Texas, March 1, 2012
  • "Legal Issues Facing Texas Cities," Texas City Managers Association Annual Meeting, Salado, Texas, February 16, 2012
  • "2011 Real Estate Legislative Update," South Texas College of Law 26th Annual Real Estate Law Conference, Houston, Texas, June 2, 2011
  • "Legal Issues for Small Businesses," San Antonio Women's Chamber of Commerce, Smart Women Series, San Antonio, Texas, April 20, 2011
  • "The Law of Easements," Texas Land Law for Civil Engineers and Land Surveyors, San Antonio, Texas, March 26, 2010
  • "Gifting Real Estate to the San Antonio Area Foundation," John Thurman's Real Estate Focus Radio Talk Show AM930 KLUP, San Antonio, Texas, July 11, 2009
  • "Real Estate Legislative Update: What You Need To Know"
    • Fulbright & Jaworski L.L.P. Breakfast Briefing, San Antonio, Texas, June 16, 2009
    • Fulbright & Jaworski L.L.P. Luncheon Briefing, Austin, Texas, June 16, 2009
    • Fulbright & Jaworski L.L.P. Luncheon Briefing, Houston, Texas, June 23, 2009
  • State Bar of Texas
    • Council of the Real Estate, Probate & Trust Law Section
    • Real Estate Forms Committee
    • Annual Advanced Real Estate Law Course - Course Director (2022); Planning Committee (Multiple Years)
    • Annual Advanced Real Estate Strategies Course - Course Director (2019); Planning Committee (Multiple Years)
    • Annual Advanced Real Estate Drafting Course - Planning Committee (Multiple Years)
    • Real Estate Legislative Affairs Committee of the Real Estate, Probate and Trust Law Section (2009 - 2012)
  • Junior Achievement of South Texas, Board of Directors (2022 - present)
  • San Antonio Area Foundation, Real Estate Service Board of Directors (2009 - present)
  • SA Youth
    • Special Advisor to the Board of Governors (2023 - 2024)
    • Board of Governors, Past Chair, Vice Chair & Secretary (2016 - 2023)
  • Leadership San Antonio Alumni Association
  • Leadership San Antonio - Class 35
  • Women's Leadership Forum (2014 - present)
  • Bexar County Women's Bar Association
  • Real Estate Council of San Antonio
  • Autism Community Network
    • Board of Directors, Past President, Vice President & Secretary (2008 - 2014)
  • SAMMinistries
    • Board of Directors (2008 - 2014)
    • Secretary, Board of Directors (2009 - 2012; September 2013 - September 2014)
  • San Antonio Bar Association
    • Publications Committee Member (2008 - 2012)
  • Pro Bono Counsel to Various Nonprofit Organizations
  • Community Justice Program - Family Law and Wills Clinic Pro Bono Volunteer (Multiple years)
  • Susan G. Komen San Antonio - Race for the Cure - Fulbright & Jaworski L.L.P. Team Captain (2009 - 2012)
  • Junior League of San Antonio (2008 - 2011)
  • Austin Habitat for Humanity, Board of Directors (2002 - 2004)
  • Chairman, Home on the Green Golf Tournament, Austin Habitat for Humanity (2001, 2003)
  • International Association of Business Communicators - Austin Chapter, Board of Directors (2001 - 2004)