Kevin K. Malof
Kevin has been a Member with Frost Brown Todd LLC for 17 years and works with public and private 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 and relying upon his 10 years in the banking industry to help clients approach challenges and opportunities from both a legal and financial perspective.
In his private sector practice, Kevin serves as outside general counsel to private and family owned businesses. He advises clients on ways to reduce and mitigate business risk through the proactive use of specialized attorneys (labor and employment, intellectual property, tax) as well as legal "tools" such as shareholder agreements, buy-sell agreements, and non-compete agreements and through succession planning strategies. He actively works with clients to develop solutions to real estate, development and construction projects, general corporate matters, and various financing needs.
In his public sector practice, Kevin serves as general counsel to schools, municipalities, and townships on a wide range of legal matters which impact the decisions of elected officials, superintendents, and administrators. Kevin advises public clients on matters ranging from acquisition and development of real estate, construction of new facilities, transportation agreements, contract negotiations, dispute resolutions and general administrative matters. Kevin looks for ways to maximize the limited resources of public clients in order to achieve short and long-term goals while drawing on ever changing reforms and regulations which impact the public sector.
In addition to his legal practice, Kevin owns several small businesses located in both West Chester and Loveland, Ohio.
Counsel to a local school in connection with a $10,642,000 bioscience facility.
Counsel to a local school in connection with a $75,000,000 new vocational facility.
Counsel to a local school in connection with the development of a new multi-sport athletic complex.
Counsel to a local school in connection with a $34,000,000 new middle school and elementary school.
Counsel to a local school in connection with a $2,850,000 new athletic and wellness stadium and sports complex.
Counsel to a local school in connection with a $35,000,000 new high school.
Counsel to a local school in connection with a $32,000,000 new high school and middle school.
Counsel to a local school in connection with a $46,500,000 new high school and middle school.
Counsel to a local school in connection with a $21,700,000 new 220,000 sf pre-kindergarten through 12th grade school.
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, 2017, 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
- Cincinnati Bar Association
- Ohio State Bar Association
- Clermont County Bar Association
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
- Clermont County Chamber of Commerce, Board of Directors, 2016-present
- Clermont County Chamber of Commerce, Chair of Government Affairs, 2018-present
- Clermont Senior Services, Board of Trustees, 2018-present
- Loveland Legacy Foundation, Founder and Board member, 2018-present
- Butler Technology Foundation, President, 2017-present
- Miami University Delta Upsilon House Corporation, President, 2014-present
- Miami University National Mock Trial Judge, 2008-present
- Clermont County Workforce Readiness Commission, Co-Chair, 2013-2017
- Clermont County Boys and Girls Club, Board Member, 2009-2016
- West Clermont Education Foundation, President, 2013-2015
- Miami Township Zoning Board, Chairman, 2004-2015
Non-FBT Publications and Events
Speaker: "Public Private Projects and Alternative Financing Models"
Speaker: "Public/Private Partnerships for Ohio Schools"
OSBA Treasurers'' Conference, 2015
Speaker: "Public Private Projects and Alternative Financing Models"
CDFA Annual conference, 2015
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: Co-Author, “Risk Management - Deal Killer or Opportunity Enhancer?”
Goering Center Newsletter, August 2014
Article: “Ohio HB 153: Ohio's Construction Reform Act”
FBT Client Advisory, 2011, ACI Region Trade Association Newsletter, 2011
Article: "House Bill 153 and Public Construction Reform"
Allied Construction industries, 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