Kevin K. Malof
Kevin is a Member with Frost Brown Todd LLC and works with both public and private sector clients as general counsel to identify and proactively manage legal risk to ensure that their business issues do not become legal obstacles. Kevin accomplishes this, in part, by utilizing his expertise in general corporate/transactional law, real estate law and construction law.
In his private sector practice, Kevin represents businesses ranging from start-ups to medium sized corporate entities. He frequently advises clients on transactional matters such as contract negotiations, business formation matters, shareholder agreements, buy-sell agreements, succession planning, real estate purchase and lease agreements, development and construction agreements, licenses, non-compete and supply agreements. He also has substantial experience advising clients in banking and commercial loan matters, having spent 10 years in the banking industry in both retail management and commercial lending.
In his public sector practice, Kevin represents municipalities, townships and schools on a wide range of legal matters which impact the decisions of elected officials and administrators. Similar to the private sector, Kevin advises public clients on and has negotiated numerous real estate purchase and lease agreements, transportation agreements, incentive and development agreements, secured financing and loan agreements and facility construction, operation and maintenance agreements. Kevin’s practice also focuses on the creation and implementation of public-private partnerships from both public and private sector client perspectives.
Counsel to a local township in connection with a $2.4 million TIF financed roof recovery project.
Counsel to a local township in the development of a $2,000,000 park system (includes installation of boardwalks, walking paths, wetlands and playground equipment).
Counsel to a local township in the $12 million TIF financed relocation and construction of a community library, which includes a café, community meeting room, group study areas, and outdoor reading areas.
Counsel to a local township on a newly-constructed multi-purpose firehouse, which serves as the township’s fire headquarters and training facility.
Counsel to a local school in the development of a $48,000,000 school campus and athletic sports and wellness facility.
Construction counsel on the expansion and renovation of multiple hospital facilities throughout the East Coast.
Construction counsel to a premier developer, owner and manager of high quality commercial real estate who specializes in student housing and mixed-use communities throughout the Midwest.
Advised a major retail chain in the acquisition, development and construction of a $46,000,000 materials preparation plant.
Negotiated a $17,000,000 casino expansion in connection with private equity financing.
Co-counsel in the representation of a major national bank in the acquisition of approximately 90+ in-store branches. The transaction involved, among other things, the review of 90+ occupancy agreements; the verification of occupancy terms; the negotiation with retail operators to approve the acquisition; the rectification of defaults under the occupancy agreements; and the redocumentation of many of the occupancy agreements.
Representation of retailers, financial institutions, developers, tenants and owners on commercial real estate developments.
Representation of national association banks in commercial and real estate loan transactions.
Counsel in the acquisition, zoning, development, financing and construction of a $70,000,000 campus containing a national headquarters, warehouse and manufacturing facility.
Local counsel in a $650,000,000 loan facility for the acquisition of private golf courses.
Highlights & Recognitions
- The Best Lawyers in America® 2016-2018
- Volunteer of the Year Award, The Clermont County Chamber of Commerce Foundation, 2015
- Ohio Super Lawyers Rising Stars® 2006, 2010
- Clermont 20/20, Inc. LEAD Class of 2010
- Cincinnati Academy of Leadership for Lawyers Class XIII
Memberships & Affiliations
- American Bar Association (ABA Forum on the Construction Industry)
- Allied Construction Industries
- Associated General Contractors of Ohio
- American Bar Association
- Cincinnati Bar Association
- Ohio State Bar Association
- Clermont County Bar Association
- Butler County Bar Association
- Design-Build Institute of America
Recent Blog Posts
- New Tax Bill Threatens Important Tax-Exempt Bond Provisions
- Creating More Value out of Excess Local Government Land and Buildings
- Changes in Ohio's Prevailing Wage Law
- House Bill 153 And Public Construction Reform
- Ohio House Bill 153 and Public Construction Reform
- House Bill 153 and Public Construction Reform
Civic & Charitable Organizations
- Miami Township Zoning Board, Chairman, 2004-present
- Clermont County Chamber of Commerce, Advisory Board Member, 2010-present
- Clermont County Workforce Readiness Commission, Co-Chair and Team Leader (West Clermont and Loveland Schools) 2013-present
- Miami University Delta Upsilon House Corporation, President, 2014-present
- Clermont County Boys and Girls Club, Board Member, 2009-present
- West Chester Chamber of Commerce, Member, 2009-present
- Miami University National Mock Trial Judge, 2008-present
- St. Thomas More Society, Red Mass Planning Committee, Board Member 2008-present
- West Clermont Education Foundation, President, 2013-2015
- Cincinnati Fury Select Baseball, Board Member, 2012-2014
- Cincinnati Mock Trial Coach/Judge, St. Ursula, 2006-2012
Non-FBT Publications and Events
Speaker: “Why Design / Build for Ohio Projects"
A joint event presented by DBIA and SMPS, 2012
Speaker: “Construction Reform & Prevailing Wage: Understanding the New Law"
Ohio Township Association, 2012
Speaker: “Changes in Ohio's Public Bidding and Prevailing Wages”
Ohio Township Association, 2011
Speaker: “Leasing and Rental Agreements: A Contractor's Responsibility”
ACI Regional Trade Association, Cincinnati, Ohio, 2010
Speaker: “Who Should Bear The Risk? Top 10 Things Developers Need To Know About Loan Documentation”
Lorman Education Services, 2009, 2010
Speaker: “Ohio Mechanics Lien Law and Prompt Payment Act”
ACI Regional Trade Association, Cincinnati, Ohio, 2009
Speaker: “Killer Contract Clauses In Construction”
ACI Regional Trade Association, Cincinnati, Ohio, 2008, 2009
Speaker: “Financing Commercial Real Estate”
Lorman Education Services, February 2008
Speaker: “Differences Between The AIA and ConsensusDOCS”
ACI Regional Trade Association, Cincinnati, Ohio, 2008
Speaker: “How To Get Paid: A Contractor's Toolbox”
ACI Regional Trade Association, Cincinnati, Ohio, 2007, 2008
Speaker: “A Lender's Guide to Revised Article 9”
Lorman Education Services, April 2007
Speaker: “Best Practices for Design-Build Contracting and Subcontracting”
ABC National Trade Association, Nashville, 2006
Speaker: “Design-Build Contracting and Subcontracting”
ACI Regional Trade Association, Cincinnati, Ohio, February 2005
Article: “Ohio HB 153: Ohio's Construction Reform Act”
FBT Client Advisory, 2011, ACI Region Trade Association Newsletter, 2011
Article: “AIA Releases New Documents For 2007: Are They Balanced And Fair?”
FBT Client Advisory, 2008
Article: “Protecting An Owner's Interest With Design-Build Projects”
FBT Client Advisory, 2007
Article: Co-Author, “Risk Management - Deal Killer or Opportunity Enhancer?”
Goering Center Newsletter, August 2014