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Michael J. Lubben

Michael J. Lubben

Director, Corporate

Mr. Lubben has extensive experience with financial, corporate, and business matters for a variety of private and public companies, including healthcare companies, banks, governmental authorities, and charter schools. Mr. Lubben’s practice focuses on transactional work, with an emphasis on real estate financing transactions, issues relating to the Uniform Commercial Code, and cross-border transactions. He also represents companies involved in the healthcare field, both on a transactional basis and for general counsel purposes. He regularly counsels clients with respect to joint ventures and strategic alliances; shareholder disputes; sales, distribution, and agency agreements; the formation and structure of business entities; and the merger, acquisition, and disposition of business interests. He has represented investors, banks and other financial institutions, governmental authorities, and businesses involved in, among other matters, secured commercial financings; lease securitizations and financings (including new market tax credits transactions, mezzanine lending, sale-leasebacks, and lease-leasebacks); syndications and participations in multi-lender financings; trading of distressed debt; bond indenture financings; securitizations; workouts of commercial and industrial loans, including debtor-in-possession financings; real estate loans; letters of credit; restructurings of large businesses; and foreclosures.

Mr. Lubben also represents and provides general counsel to private and public companies in the manufacturing, telecommunications, healthcare, pharmaceutical, technology, and service industries in connection with a broad range of general and transactional matters, including regulatory issues.

Areas of Focus

Healthcare

Mr. Lubben provides a variety of healthcare providers and entities with a wide range of corporate transactional and outside general counsel services. In addition, with the enactment of the HITECH Act of 2009 and the promulgation of the interim Breach Notification Rule in August 2009, he has been advising clients, including pharmacies and agencies selling health insurance, on the resulting changes to HIPAA and the need to revise privacy and security policies as well as Business Associate agreements.

Governmental Entity Representation

Mr. Lubben has significant experience in transactions involving governmental entities. For over ten years, he represented New Jersey Transit Corporation in a variety of complex transactions, including in connection with the sale/leaseback and lease/leaseback (both U.S. and cross-border) of locomotives, rolling stock, buses, bus facilities, and qualified technological equipment. Mr. Lubben has also represented the New Jersey Sports and Exposition Authority in leasing transactions and the New Jersey Department of Banking and Insurance in connection with the proposed conversion, in 2005, of Horizon Blue Cross/Blue Shield from a nonprofit insurer to a for-profit insurer. His representation included advising on the New Jersey statutory and regulatory scheme governing conversions and the potential use by the state of any funds generated by the transaction. Mr. Lubben also represented the New Jersey Treasurer’s office, Division of State Lottery (the “Lottery Division”) in engaging a private company to provide management and other services to the Lottery Division pursuant to a 15-year Services Agreement with Northstar New Jersey.

Charter School Representation

Mr. Lubben was a founding board member of Build with Purposes, Inc., a nonprofit corporation whose primary activities include providing real estate development and consulting services to charter schools in New Jersey. He has represented numerous New Jersey charter schools and their associated fundraising entities in a variety of matters, including new market tax credit financing transactions.

Community Redevelopment Loans

Mr. Lubben represents various nonprofit entities in their making community redevelopment-related loans to facilitate growth in areas of decline or in other need, such as disadvantaged neighborhoods and victims of disasters, as well as in connection with other related transactions.

Credentials

Education

New York Law School (J.D.)

  • Notes and Comments Editor, NYLS Journal of Human Rights

Fairleigh Dickinson University (B.S., magna cum laude)

Professional Admissions

State of New Jersey

State of New York

United States District Court for the District of New Jersey

Professional Activities

New Jersey Bankers Association
Bank Lawyers Council Committee, June 2004 – Present

New Jersey State Bar Association
Chairman, Board of Trustees, Section on Banking Law, 2013 -2015
Past Vice Chair, Financial Transactions Committee
Section on Corporate and Business Law

Essex County Bar Association
Past Chair, Corporate Law Section

Association of the Bar of the City of New York

New York State Bar Association
Section on Banking Law

American Bar Association
Section on Business Law

Portugal-US Chamber of Commerce
Member, Board of Directors
Member, Executive Committee
Secretary
Chairman, Legal, Tax & Audit Committee

Civic/Charitable Activities

Board of Trustees of Build with Purpose, Inc., a nonprofit corporation that provides real estate consulting and development services in low income and “at risk” communities, 2003-2013