Steven P. Katkov

Member

Recent Publication:

Northern District of Alabama Finds CTA Unconstitutional [Alert]

The U.S. federal district court for the Northern District of Alabama ruled the Corporate Transparency Act (CTA) unconstitutional, finding it exceeded Congress's authority, prompting a Justice Department appeal.

Steve represents and counsels clients in a broad range of commercial real estate transactions, including financings/commercial lending, acquisitions, dispositions, sale-leaseback transactions, commercial leases, rights-of-way and easement agreements, and portfolio acquisitions and dispositions around the nation ranging from $50 – $900 million. He also advises builders, developers, and landlords seeking government approvals to pursue project entitlements and in defending alleged regulatory violations. He represents borrowers in varying financing transactions, including mezzanine loans. Steve regularly represents national industries in leasing across all product types and leads the firm’s real estate initiatives for clients engaged in the cannabis industry in 13 states. 

Steve is first and foremost a business lawyer and applies his strong business sense to a practice focused on real estate, both during times of economic prosperity and during downturns and times of crisis. He has substantial experience with  foreclosures, loan workouts, complex lease and joint venture restructurings, and pursuing borrowers and guarantors for deficiencies and for fraud. For example, Steve was a member of a team of lawyers who represented Resolution Trust Corporation in creditor remedies against borrowers and guarantors of commercial real estate loans following the savings and loan crisis, resulting in workouts; foreclosures; negotiated settlements; and state, federal, and bankruptcy court proceedings.

Coming from a family of successful entrepreneurs, Steve has an entrepreneurial spirit and mindset. He is familiar with accounting, tax, economic, and risk management concepts, and has held significant management positions in two public Fortune 300 companies with an emphasis in real estate, banking, and finance. His diverse business and legal experience allows him to understand clients' objectives and help them develop creative and efficient strategies for achieving them. Steve has written and presented on a variety of real estate and cannabis-related topics and has been published in The Real Estate Finance Journal.

Steve received his J.D. from the University of Minnesota Law School. He was a staff member and then managing editor of Law and Inequality: A Journal of Theory and Practice and a graduate research assistant to Professor Carol Chomsky (professor of American legal history). He holds a M.S. in justice studies from Arizona State University, summa cum laude, and a B.A. in sociology, magna cum laude, from Macalester College.

Experience

News

Best Lawyers Honors More Than 200 Cozen O'Connor Attorneys to its Best Lawyers in America 2024 Edition

August 17, 2023

Best Lawyers selected 232 Cozen O’Connor lawyers from 24 of the firm’s U.S. offices for inclusion in the 2024 edition of The Best Lawyers in America.

How to Navigate Retail Real Estate

August 08, 2023

Steve Katkov discusses the challenges associated with the retail real estate market in the cannabis industry, such as the volatility in property prices, the oversaturation of dispensaries in some regions, and the impact of legislation on property acquisition in mg Magazine.

Residential Real Estate Cases To Watch In 2023

January 02, 2023

Steve Katkov is quoted in a Law360 article discussing significant 2023 real estate litigation cases.

More Than 200 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch

August 22, 2022

210 Cozen O’Connor lawyers from 24 of the firm’s nationwide offices for inclusion in the 2023 edition of The Best Lawyers in America.

Judge Axes Minneapolis 2040 Plan

June 16, 2022

Steve Katkov is quoted in a Finance and Commerce article discussing a court ruling in connection with one of the country's most progressive and controversial approaches to city planning, the Minneapolis 2040 Plan.

Cozen O’Connor Announces Seven New Shareholders

August 31, 2021

Cozen O’Connor is pleased to announce the promotion of seven members to shareholders: Steven P. Katkov, Erick J. Kirker, Cheri L. MacArthur, Alycen A. Moss, Lisa J. Myers, Michael Rafalko, and David A. Shimkin.

More Than 205 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

August 19, 2021

Best Lawyers selected 210 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2022 edition of The Best Lawyers in America.

New York, New Jersey Marijuana Legalization May Spark Flurry of Commercial Real Estate Activity

May 16, 2021

Steve Katkov discusses the potential increase in commercial real estate activities in New York and New Jersey if marijuana is legalized in those states in CoStar News.

In New Jersey and New York, Towns Can Block Growth of Marijuana Businesses

April 14, 2021

Steve Katkov discusses how towns in New Jersey and New York can block the growth of the marijuana business in CoStar News.

Steven Katkov Appointed Member at Large of the Landlord Tenant Section Council of Hennepin County Bar Association

May 22, 2020

Steve Katkov, a member of Cozen O'Connor's Real Estate Practice, has been appointed a member at large of the Landlord Tenant Section Council of the Hennepin County Bar Association.

COVID-19 And Marijuana: Can Cannabis Municipal Bonds Help Government Budgets?

April 07, 2020

Steve Katkov discusses how Cannabis Based Municipal Bonds (CMBs) could offer relief for governments and financial institutions impacted by the COVID-19 pandemic in Forbes.

Publications

Northern District of Alabama Finds CTA Unconstitutional [Alert]

March 22, 2024

The U.S. federal district court for the Northern District of Alabama ruled the Corporate Transparency Act (CTA) unconstitutional, finding it exceeded Congress's authority, prompting a Justice Department appeal.

Minnesota Adult-Use Cannabis Bill Emerges from Reconciliation [Alert]

May 17, 2023

The bill emerged from reconciliation on May 17, 2023 and would legalize the recreational use of cannabis for adults 21 and older.

SCOTUS Goes to Mall of America: Court Recognizes Jurisdiction Over Appeals of Bankruptcy Sale Orders [Alert]

May 10, 2023

The U.S. Supreme Court recently overruled lower courts in a dispute involving Sears' $10/year lease at the Mall of America.

FinCEN Issues Final Regulation for Beneficial Ownership Reporting [Alert]

November 15, 2022

This regulation will require most business entities created in or registered to do business in the U.S. to report personal identifiable information about their beneficial owners to FinCEN.

Modernizing Real Property Easements For The 21st Century

March 22, 2022

The Uniform Easement Relocation Act (UERA) was approved by the NCC in 2020 in order to resolve the myriad regional approaches to the relocation of easements.

Fannie Mae and Freddie Mac Update all Uniform Legal Instruments [Alert]

July 22, 2021

Steve Katkov discusses Fannie Mae and Freddie Mac's new uniform instruments (notes, security instruments, and riders) for use with loans to make them eligible for purchase by the corporations.

Legalization of Marijuana Gaining Momentum in Connecticut

June 01, 2021

Steve Katkov discusses legislation in Connecticut to legalize the recreational use of marijuana.

Minnesota Cannabis Legalization Bill Clears House of Representatives [Alert]

May 19, 2021

Steve Katkov discusses the progress of H.F. 600 in the Minnesota Legislature.

Consumer Financial Protection Bureau Enters Eviction Fray With New Ruling Under FDCPA [Alert]

May 04, 2021

Steve Katkov and Amy Katz discuss the CFPB interim final rule and First Amendment challenges to the CDC moratorium currently pending.

Second Minnesota Adult-Use Marijuana Bill Survives House Committee [Alert]

March 02, 2021

Steve Katkov and Jon Schoenwetter discuss a Minnesota bill that would establish a framework for the legal use of recreational marijuana.

Congress Enacts Modification to Bankruptcy Procedures Governing Assumption and Rejection of Leases

February 12, 2021

Steve Katkov and Joel Nesset discuss provisions in the Consolidated Appropriations Act that narrowly target companies to assist those that have filed for protection under the U.S. Bankruptcy Code by temporarily modifying the rules governing a tenant’s performance under its leases.

IRS Issues Final Regulations Governing 1031 Exchanges – The “Like Kind” Standard Defined [Alert]

January 21, 2021

Steve Katkov discusses the Treasury and the IRS final regulations governing tax-deferred exchanges of like-kind real property under Section 1031 of the Internal Revenue Code. These final regulations address revisions to Code Section 1031 enacted as part of the Tax Cuts and Jobs Act.

Are “Fair Chance” Housing Ordinances an Unconstitutional Infringement on Landlords’ Rights?

April 07, 2020

Steve Katkov and Jon Schoenwetter discuss fair chance housing ordinances in Seattle, Minneapolis, and Oakland Calif., and the case Yim v. City of Seattle challenging the constitutionality of these ordinances.

Minneapolis’s Great Experiment: An Introduction to the Minneapolis 2040 Comprehensive Plan [Bench & Bar of Minnesota]

March 06, 2020

Steve Katkov and Jon Schoenwetter discuss components of Minneapolis’s urban planning initiative designed to combat the affordable housing crisis.

Rent Control National Momentum [Alert]

February 26, 2020

Steven P. Katkov and Jon Schoenwetter discuss rent control measures throughout the United States.

Recent Federal Court Decision Adds Clarity to “Ordinary Wear and Tear” Lease Provisions [Real Estate Alert]

March 15, 2017

Steven P. Katkov discusses a recent federal court decision in a case involving a landlord-tenant dispute regarding the Woolworth Building in St. Paul, Minn., in which Foot Locker Foot Locker was the tenant under a lease from 1920. The landlord claimed that Foot Locker failed to keep the building in good repair, and the court considered the measure of damages for the landlord’s claims.

Text Messages Add New Layer of Risk to Deal-Making in the Modern Age [Real Estate Alert]

June 09, 2016

Steven P. Katkov discusses a recent decision in Massachusetts Land Court that text messages between two real estate brokers regarding the purchase and sale of a commercial building may constitute a “writing” sufficient to meet the requirements of the Massachusetts Statute of Frauds.

Industry Sectors

Education

  • University of Minnesota Law School, J.D., 1989
  • Arizona State University, M.S., summa cum laude, 1986
  • Macalester College, B.A., magna cum laude, 1984

Awards & Honors

Best Lawyers in America, 2022-2024

Top Lawyers in Minnesota, Minnesota Monthly, 2023

  • Minnesota
  • Wisconsin
  • Texas
  • U.S. District Court -- Minnesota
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. District Court -- Eastern District of Wisconsin
  • U.S. District Court -- Western District of Wisconsin

Chair, Landlord-Tenant Section, Minnesota State Bar Association, 2023-2024