Five Questions With: Armando Batastini

International law firm Nixon Peabody LLP recently named Armando Batastini as managing partner for the firm’s Providence office. Batastini leads Nixon Peabody’s Distressed Commercial Debt Litigation team, often representing businesses in a wide variety of contractual, shareholder and commercial realty disputes involving foreclosures, receiverships and actions to enforce guarantee agreements.

A U.S. Navy veteran who served in Operation Desert Storm, Batastini is the secretary of the Rhode Island Bar Foundation. He previously served as president of the Rhode Island Bar Association and was a recipient of the 2008 Rhode Island Bar Association Pro Bono Publico award.

PBN: What’s your reaction to your recent appointment to lead the Providence office of Nixon Peabody?

BATASTINI: We have a strong group of people in our Providence office. I am honored and humbled to lead this great team, and I look forward to building on the platform we’ve established in the region and beyond. We are firmly committed to supporting Rhode Island businesses and strengthening our communities through legal work, civic engagement and pro bono service.

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Nixon Peabody’s attorneys in Providence pave the way for businesses and nonprofits to innovate, grow and meet their strategic goals. Our office provides a full range of legal services, with a particular emphasis on employment, litigation, privacy, corporate services, health care, real estate development, financial services, insurance and education.

PBN: What have been some of the most important lessons you’ve learned in commercial real estate litigation?

BATASTINI: First and foremost, no two cases can be treated the same. There are always unique aspects and challenges. We aim to resolve disputes for our clients with minimal disruption and maximum results. While this can sometimes mean staying out of the courtroom, litigation is often necessary.

People are very passionate about real estate – perhaps more so than other areas. Many feel an emotional connection to their projects or properties, and that can easily give rise to disagreements. Part of our role as litigators is to advocate zealously for our clients, but also to bring an objective point of view to a subjective process.

PBN: What does it take for a law firm to become a leader in commercial litigation?

BATASTINI: We’re honored the Providence office was recognized in the 2021 edition of Chamber USA: America’s Leading Lawyers for Business. One of the ways we earn that status is by always keeping our clients’ goals and their business needs top of mind. We make every effort to minimize legal costs through efficient representation of our clients. We utilize state-of-the-art technology and project management tools, where appropriate, to deliver value to our clients. In our effort to avoid the financial stress that litigation can pose, we have also introduced alternative service models and fee structures for our clients. The course we chart is always based on the client’s unique business goals.

PBN: You’ve led your firm’s Distressed Commercial Debt Litigation team. Can you describe this field of litigation, talk about how Nixon Peabody is able to successfully represent clients facing commercial debt litigation and what are the challenges that come with this type of litigation?

BATASTINI: In this area, I represent special servicers, balance sheet lenders and purchasers with respect to every aspect of distressed commercial debt – from sale and acquisition to work-out, foreclosure, receivership, and associated guaranty and lender liability litigation. I successfully sought the first federal receiver for commercial mortgage-backed securities debt in New England, and I represent holders in federal and state receivership proceedings throughout the Northeast and Mid-Atlantic.

COVID-19 accelerated preexisting trends with respect to retail and has also disproportionally affected the hotel and hospitality sectors. These factors have detrimentally affected the ability of maturing loans to refinance, particularly given more stringent underwriting and the reset in real estate values. Moreover, the pandemic has increased the number of disputes related to business disruptions, many of which our team is addressing. The critical factor in this uncertain environment is understanding the client’s goals and being nimble and creative in helping them achieve those goals.

PBN: What other real estate-related situations have you been seeing, particularly amid the pandemic?

BATASTINI: Related to retail trends – but not exclusive to that sector – we continue to help clients steer through commercial lease issues. COVID-19 has had such a profound effect on the working relationship between landlords and tenants, and we established a Commercial Lease Disputes team early in the pandemic, co-led by Jeffrey Brenner in our Providence office.

Where disputes have arisen, we’ve seen some landlords and tenants negotiate mutually acceptable changes to their leases. In some instances, state or local regulations and directives have imposed requirements on landlords and tenants and affected the availability of court remedies to address disagreements. We help our clients navigate this fast-changing environment. The team brings together litigators and commercial leasing attorneys to counsel clients before litigation begins. We make sure clients know all their options, from the negotiating table to the courtroom, and we help them maintain the best legal position throughout a dispute.

Marc Larocque is a PBN staff writer. Contact him at Larocque@PBN.com. You may also follow him on Twitter @LaRockPBN.