Commercial Finance

Experience

Stepping to the Plate for “America’s Game”

Client: USA Baseball
Stepping to the Plate for “America’s Game”

Baseball is about as “American” as you can get, and USA Baseball has been the national governing body for amateur baseball since 1978, including representing the United States as a member of the U.S. Olympic Committee and internationally as a member of the World Baseball Softball Confederation.  

“Our first interaction with Dinsmore was in the area of IP and trademark protection, but as our organization and needs have changed, our counsel has not,” said Paul Seiler, Executive Director/CEO of USA Baseball.

“That’s due to the fact Dinsmore is a full service team that provides for all of our legal needs, from contract work to real estate guidance to sponsor relations. This allows USA Baseball to be connected across all of our business units with a common and knowledgeable firm that understands who we are, in all facets of our operations,” he added.  


Dinsmore serves as USA Baseball’s outside general counsel and handles all legal issues for the organization, including intellectual property, data protection, corporate, litigation, employment and finance.  Among recent work, Dinsmore provided legal support to USA Baseball’s efforts to develop and implement a performance standard for non-wood bats used in youth baseball.  This work began several years ago and, ultimately, reached a variety of legal areas including intellectual property, corporate, licensing, insurance and agreement work.  The performance standard was announced on August 7, 2015, and on January 1, 2018, USA Baseball’s National Member Organizations will require non-wood youth bats meet the performance standard, which will be indicated by the USA Baseball trademark on bats that have passed performance testing.  

“One of our former board members had a saying, ‘You do business with your friends.’  And while perhaps not always literal or possible in business, in this case it is,” Seiler said.  “Our decision to have Dinsmore represent USA Baseball is based on the relationship we have, as well as for the quality counsel provided on a daily basis.”  


As the national governing body of amateur baseball, USA Baseball engages with nearly every major national amateur baseball organization in America, which equates to millions of amateur players in ballparks and playgrounds across the country. The organization also promotes and develops the game on a grassroots level nationally and internationally.  Dinsmore attorneys have assisted the organization with finance and real estate work related to further development of USA Baseball’s National Training Complex in Cary, North Carolina.

“The great thing about our relationship with Dinsmore is that we know our best interests are always being looked out for.  We never feel like we are just a client.  For that matter, I don’t think we even use that word (client) when referencing our partnership,” Seiler said.  “Dinsmore is an impactful brand in the legal world, yet it would be hard to argue that we have a more personal relationship with anyone we do business with.”

Commercial Foreclosures

I am regularly involved in commercial foreclosures throughout Ohio on behalf of numerous commercial interests.

Commercial Landlord / Tenant Representation

Litigated claims on commercial leases throughout Ohio on behalf of landlords and tenants at multiple commercial sites.

Commercial Loan

We represented our lender client with multiple revolving loans secured by the borrower's interest in government contracts. We worked closely with borrower's counsel to ensure our client obtained a continuing, perfected security interest in the receivables generated by the borrower's performance under the government contracts by working within the statutory framework of the Assignment of Claims Act, the UCC, and available common law rights and remedies.

Commercial Loan

Dinsmore & Shohl represented a national restaurant chain in a $23 million commercial loan refinancing.

Commercial Loan Transactions

We have represented this client in complex commercial real estate loan matters.

Commercial Receivership

I have overseen multiple commercial receivership filings on behalf of clients with liens/mortgages on commercial, income-producing property.

FHA/HUD Financing

Represented national real estate developers in the FHA/HUD financing in the amount of $920,955 as a mark-to-market loan and $537,600 as contingent repayment loan for a multifamily apartment complex located in Marietta, Ohio as well as in a $2,062,000 FHA/HUD insured financing for a multifamily apartment complex located in Lancaster, Ohio.

FHA/HUD Financing under the LEAN Program

Represented Lutheran Social Services of Central Ohio, Inc. and its affiliates in the FHA/HUD financing in the amount of $1,800,000 for a senior housing apartment complex located in Mansfield, Ohio.

Financing - General

Represents lenders and borrowers in commercial financing transactions of various sizes.

Freddie Mac Lending

Represented a national lender in a $5,750,000 Freddie Mac financing of a multifamily apartment complex located in Hamilton, Ohio, as well as in a $8,250,000 Freddie Mac financing of a multifamily apartment complex located in Heath, Ohio.

HUD Section 202 Financing

Represented a national nonprofit as local counsel in the HUD Section 202 financing in the amount of $4,700,800 for an apartment complex located in St. Bernard, Ohio.

HUD Section 231 and Section 202 Financing

Represented a local housing authority in the HUD Section 231 financing in the amount of $2,500,000, as well as HUD Section 202 financing in the amount of $3,800,000 for Elim Manor Apartments located in Columbus, Ohio.

HUD Section 236 Decoupling

Represented North Columbus Jaycee Housing, Inc. in the negotiation and closing of the HUD Section 236 decoupling and financing of a multifamily apartment complex located in Columbus, Ohio.

HUD Special Programs

Represented NCJC Housing & Development Foundation in establishing a Housing Trust Fund in the amount of $1,400,000 with the U.S. Department of Housing and Urban Development for the future development and preservation of affordable housing in Ohio.

HUD Transfer of Physical Assets Transactions

Represented a national healthcare REIT in the negotiation and closing of the Transfer of Physical Assets of a skilled nursing facility located in Hilliard, Ohio.

Represented NCJC Housing & Development Foundation in the negotiation and closing of the Transfer of Physical Assets of Jaycee Manor Apartments, a multifamily apartment complex located in Martin’s Ferry, Ohio.

Lien Claims

I have successfully litigated and mediated multiple lien claims in numerous construction-related cases throughout Ohio.

Loan Transaction Involving Refinancing of an Office Building

We represented a commercial lender in a loan transaction for the refinancing of an office building in Maryland. We advised the client at all steps of the process, including due diligence, negotiation of documents and the closing. We also had to incorporate several state-specific provisions into the documents to account for Maryland’s unique deed of trust laws. The borrower (our client’s customer) also sought an unusually quick closing date, causing our team to expedite the process and work around the clock to meet their deadline. The transaction was completed efficiently, enabling the borrower to move forward.

Property Acquisitions and OHFA Preservation Loans

Represented NCJC Housing & Development Foundation in the acquisition and OHFA preservation financing of a 44-unit and a 48-unit apartment complex in Hillsboro, Ohio.

Property Sale

Represented The Wallick Companies and its affiliates in the sale of a $12,500,000 nursing facility and independent living facility located in Springfield, Ohio.

Representation of Graeter's Manufacturing Company

Graeter's Manufacturing Company. Corporate representation of fifth generation family owned business which manufactures ice cream and confection products. Nationally known supplier of premium quality products (as referenced on Oprah Winfrey, the West Wing, and in other national media outlets). Counsel for franchise program with Graeter's as franchisor and business counsel for all corporate operations, inclusive of labor, real estate and general corporate work.

Represented Graeter’s Manufacturing in all Aspects of Construction of its Manufacturing Facility

We represented Graeter’s Manufacturing Co. with respect to the acquisition, development and construction of its manufacturing facility on Paddock Road in Cincinnati, Ohio.

Title Insurance Defense

We defend mortgage lenders on behalf of a national title insurance company. Often times these representations occur in the context of personal bankruptcies -- the bankruptcy trustee will seek to avoid the mortgage lender's mortgage based on an error in the execution or recording of the mortgage. In one such case, we defended a mortgage that was recorded in the wrong county. We quickly negotiated a settlement with the trustee that prevented the filing of an adversary proceeding and saved on costs. The settlement also permitted the mortgage lender to record its mortgage in the correct county and completely resolved the title defect.

USDA Rural Development Lending

Represented Lancaster Pollard Mortgage Company in a $1,630,000 U.S. Department of Agriculture Rural Development Section 538 financing of a multifamily apartment complex located in West Milton, Ohio.