Alexander Maniscalco

Associate

Alexander is an attorney at FSG LAWYERS. Alexander is experienced in business and real property operation, transactions, and development. He has served as outside general counsel for entities at all stages: formation, operations, high-stakes negotiations and disputes, windups, and sales.

Practices

• Corporate & Business
• Real Estate & Construction

Experience

As an attorney at FSG, Alexander provides legal advice to startup, small, and mid-size businesses He represents companies and family offices in a variety of enterprises and industries-from land development, commercial real estate, and multifamily, to businesses offering novel products and services.  

Corporate and Business Transactions

Alexander has counseled companies, corporate entities and equity holders in transactions, operation, legal strategy, and risk management. He represents companies in securities transactions using state and federal exemptions-such as with stock issuances, convertible debt, Simple Agreements for Future Equity (SAFE), and warrants. Alexander also assists companies and founders with the planning and implementation of employee and director equity compensation plans: grants, nonqualified stock options, appreciation rights, profits interests, and other forms. Companies also benefit from forward-looking strategy, and Alexander has negotiated a variety of buy-sell agreements, shareholder agreements, and advocated the creation of statutory closely-held corporations, as well. He has taken these agreements through their exercise, by representing founders and equityholders in business disputes, separation, and buy-out-both in alternative dispute resolution and amicable settlements. 

Real Estate Transactions

Real estate purchase, sale, and finance transactions are a core part of Alexander’s responsibilities as part of the Real Estate and Construction team at FSG. He has experience in real estate finance on behalf of both private lenders and borrowers, as well as the negotiation of forbearance agreements and mezzanine lending. Property ownership and development also calls for real estate instruments and agreements, and Alexander has experience with an array: easements (shared or exclusive use, for view, access, utility, and otherwise); temporary licenses; real covenants and equitable servitudes limited to specific concerns, and broader covenants, conditions, and restrictions typical of residential and commercial common interest developments. He also reviews and negotiates title coverage, and supports purchasers as part of their due diligence process. 

Land Use and Development

Land use entitlement and permitting strategy, negotiation, satisfaction of conditions, and implementation documents are fundamental parts of Alexander’s land use and development duties within FSG’s Real Estate and Construction team. Alongside design professionals, he has obtained subdivision maps, variances, conditional use permits, and other discretionary entitlements-approaching local jurisdictions and opposition with a collaborative approach, but grounded in the economic reality of development, and the constitutional rights of property owners to improve their land. Even ministerial permits like lot line adjustments and building permits can pose challenges with strong, persistent opposition; Alexander has been successful in obtaining these contested permits, with attention to the development standards, and preparing the matter for appeal or a writ of mandate where necessary. While filing land use litigation is often a last resort, Alexander has also represented property owners and developers in strategies to overcome unlawful exactions and regulatory takings, as well as the failure by local jurisdictions to follow administrative procedure. He has negotiated conditions directly with local staff, with elected designees in mediation, and where necessary has personally handled exhaustion of administrative remedies and appeals, preparation of the administrative record, and filing writs of mandate.

Alexander also has experience representing nonprofit corporations, particularly commercial and common interest owner associations, in their formation, obtaining of exemption, operation, and management. This is an important component of the development process, and plays a role in the successful operation and sale of properties after the conclusion of development.

Prior to joining FSG, Alexander was a shareholder with a boutique law firm in San Diego, CA, representing a variety of businesses and individuals in formation, operations, development, transactions, and disputes. He has also served as a Vice President and General Counsel at a residential land development company in Orange County and the Inland Empire. These experiences have provided Alexander a pragmatic view of the role of general and outside counsel, and the importance of economically-rational decision making in business and legal strategy.

News and Publications

o NBI, “California Real Estate Law 101: Your Comprehensive Guide to Purchases and Sales, Title, Leasing, Easements, and More” presenter (2021)
o San Diego Superlawyers, “Rising Stars” (2020)
o NBI, “Land Use Law: Current Issues in Subdivision, Annexation and Zoning” presenter (2020)
o San Diego Superlawyers, “Rising Stars” (2019)
o San Diego Superlawyers, “Rising Stars” (2018)
o San Diego Daily Transcript, “Top Young Attorneys” (2014)