Richard D. Faulkner, Jr. concentrates his practice in the areas of real estate, finance and health care, including acquisitions, sales, finance, leasing, development and general corporate law. He is the leader of the Transactions group for the firm's Long Term Care Industry Services Team.
Mr. Faulkner has been involved in billions of dollars of finance, acquisition, development and sales transactions. His experience spans many areas of long term care, including skilled nursing, assisted living, independent living, home health, physical therapy, urgent care and institutional pharmacy businesses. His finance experience includes commercial loans, HUD-insured financing, accounts receivable, Fannie Mae, Freddie Mac, securitizations, sale-lease back, equipment financing, letters of credit and other financing. His real estate experience includes assisting with feasibility and strategic planning; site due diligence, including title, survey, environmental, zoning and land use issues; negotiating site acquisition contracts and closing documentation; construction; commercial leasing; and outparcel and project sales.
Prior to joining Baker Donelson, Mr. Faulkner served as legal counsel and Vice President of Strategic Growth for Life Care Centers of America, a national privately owned long-term care provider, where he was responsible for legal matters relating to finance, acquisition, development and construction transactions and corporate matters.
Mr. Faulkner's experience includes representation of owners and lenders, landlords and tenants, small operators and national companies, and single site and large multi-state transactions.
Acquisitions, Sales and Development
Real Estate and Leasing
Health Care Financing and Receivables Financing
Certificate of Need and Licensure
Publications & Speaking Engagements:
- Panelist – "Buying and Selling Long Term Care Facilities: Overcoming Complex Regulatory and Business Challenges," Strafford Publications (August 26, 2015);
- Moderator – "10 Key Things That Could Bite You When Acquiring Facilities," Long Term Care Symposium, Nashville, Tennessee (November 2014);
- Speaker – "Insights on Financing Your Project or Portfolio – Getting the Results You Want," Baker Donelson Long Term Care Symposium, Nashville, Tennessee (November 2014);
- Panelist – "Transfers of Distressed LTC Facilities," 2014 American Health Lawyers Association's Long Term Care and the Law Program, Las Vegas, Nevada (February 20, 2014);
- Speaker – "Financing and Acquisitions in Today's Marketplace," webinar (July 16, 2013);
- Co-author – " Tennessee Changes Corporate Practice of Medicine to Permit Nursing Facilities to Employ Physicians ," Health Law STAT (September 14, 2012) ;
- Speaker – "Legal Landscape," National Medicare/Medicaid Conference (February 2008);
- Speaker – "Commercial Purchase and Sale Agreements," in-house presentation (May 2007);
- Speaker – "Fundamentals of HUD Loan Documents," in-house presentation (April 2007);
- Speaker – Fundamentals of Real Estate Development, "Acquiring Financing," Sterling Education (May 2006);
- Speaker – "Legal Opinions in Business Transactions," Tennessee Bar Association (May 2006);
- Speaker – "Commercial Real Estate Purchase and Sale Transactions in Tennessee," Tennessee Bar Association (July 2005);
- Speaker – "Advanced Real Estate Law in Tennessee," National Business Institute (July 1998);
- Author – "The Ten Commandments of Title Insurance for Borrower's Counsel," Property & Probate, American Bar Association (May/June 1998);
- Speaker – "Keys to Success in Real Estate Transactions in Tennessee," National Business Institute (April 1998);
- Co-author – "Environmental Citizens Suits: The Private Enforcement of Federal Regulations," The Verdict (April 1993);
- Author – "CERCLA and the Constitution: Reardon v. United States Permits Constitutional Jurisdiction and Invalidates Federal Lien," 26 Georgia Law Review 861 (1992)
Professional Honors & Activities
AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
Notes Editor – Georgia Law Review
Member – Tennessee and Georgia Bar Associations (Real Property Law and Healthcare Sections)
Member – American Health Lawyers Association
Member – Health, Education and Housing Facilities Board, Town of Signal Mountain, Tennessee