Erwin Cabán joined the San Antonio location of the firm in 2003. His practice presently focuses on all aspects of commercial and multi-family residential real estate matters, including development, acquisition, disposition, leasing, financing and operation of improved and unimproved real property, as well as foreclosures. His practice areas include public finance, economic development, tax-exempt financings, tax credits and governmental contracts (federal, state and local).
Erwin has consulted on real estate development projects involving EB-5-based investment and financing. The employment-based preference EB-5 visa program is a process through which foreign investors can ultimately secure Permanent Residency status in the US by investing capital in a commercial enterprise that will benefit the U.S. economy and create full-time U.S. jobs -- typically in the context of real estate development projects in designated Regional Centers and Targeted Employment Areas (TEAs). Erwin's work in this area involves potential investors from China, Mexico and South America.
In his practice, Erwin has served as special counsel for various political subdivisions, special districts and private entities throughout the State of Texas in implementing their economic development programs and negotiating development, management and operating contracts involving governmental entities and integrating such contracts with tax-exempt financing. He has served as bond counsel in matters related to the authorization and issuance of various types of public debt and projects authorized under Texas law, for both "new money" and refunding financings, payable from an assortment of taxes, revenues, and combinations thereof, including bond elections, general obligation tax bonds, notes and other obligations, revenue bonds, lease purchases of both real and personal property, special project bonds, tax anticipation notes and time warrants.
Some of the types of projects have included traditional municipal projects, such as streets, roads, bridges, drainage facilities, libraries, schools, parking facilities, administrative office and maintenance facilities, parks, playgrounds, golf courses, playing fields, and other recreational facilities, stadiums, arenas, motocross racetracks, and similar sports facilities, civic centers, convention facilities, hotels, municipal utilities, toll roads, educational facilities such as elementary, middle and secondary schools, athletic, maintenance and administrative facilities, universities, colleges and junior and community colleges, student housing, housing facilities, including for-profit, not-profit, public, and governmental multi-family housing, single-family housing, detention centers, economic and industrial development facilities and health facilities.
Erwin's practice also focuses on energy and oil and gas transactions, including matters in the Eagle Ford Shale. Erwin's oil and gas representation includes: acquisitions and dispositions, production agreements, oil and gas leases and assignments related thereto, surface use agreements, correlative rights of land surface owners versus mineral interest owners, and matters related to competing ownership interests, royalty and title disputes, breach of contract, tresspass to try title claims, fraud, and breach of fiduciary duties.
Erwin also has experience with the Foreign Corrupt Practices Act ("FCPA") and has conducted government and internal investigations and compliance reviews for foreign and domestic clients.
- Negotiation and drafting of agreements for purchase of EB-5 Regional Centers
- Acquisition, sale and purchase of commercial properties and multi-family residential properties
- Negotiation and settlement of commercial development mechanic's and materialman's lien priority disputes
- Preparation and management of sports and community venue project election processes
- Preparation and management of economic development corporation sales and use tax election processes
- Preparation of development agreements, operating agreements, and economic incentive and grant agreements between public and private entities in support of numerous economic development projects involving recreational facilities, multi-family housing facilities, amateur and professional sports facilities, convention centers, museums, performing arts facilities, hotels, educational facilities, tourist attractions and various others
- Participated in representation of developers and housing authorities in connection with different tax credit programs for the purpose of enhancing multi-family housing developments
- Preparation and management of numerous bond election processes, including preparation of documents calling the elections and preparation of all of the requisite documents for state and federal law compliance, including the submissions to the United States Department of Justice for preclearance of the elections to the extent necessary
- Participation in numerous complex public financing transactions, including revenue bond issues, special district bonds, special tax bonds, 501(c)(3) financings and private activity bonds
- Special counsel in the creation of various economic development corporations, tax increment zones, water districts, road districts, hospital districts, special districts and non-profit corporations
- Represented clients in issues pertaining to open records act rules and public meetings act rules applicable to public agency clients located within the State of Texas, including issues related to agendas, closed meetings, action items and the consequences of violating such rules
- IIUSA-Association To Invest In USA
- State Bar of Texas
- San Antonio Bar Association
- National Association of Bond Lawyers (NABL)
- "Top Young Lawyers in Texas," Thomson Reuters (2010)
- "Texas Rising Star," Thomson Reuters (2010)
- Co-author, "Texas Public Finance Legislative Review – 82nd Session," Fulbright - Public Finance, September 9, 2011
- Co-author, "Texas Public Finance Legislative Review – 81st Session," Fulbright - Public Finance, July 2009
- "War-Risk, Hijacking & Terrorism Exclusions in Aviation Insurance: Carrier Liability in the Wake of September 11, 2001," 68 Journal of Air Law and Commerce 421, 2003
- "The FAA Tarnishes a National Park – Friends of Gateway v. Slater," 67 Journal of Air Law and Commerce 1015, 2002
2003 - J.D., Southern Methodist University Dedman School of Law
2000 - B.A., magna cum laude, The University of Texas, San Antonio
While attending law school, Erwin was the managing editor of the SMU Law Review, a member of The Barristers, a scholarship and leadership organization, as well as a judicial intern for the Honorable Fred Biery of the U.S. District Court for the Western District of Texas.
He was admitted to practice law in Texas in 2003.
Erwin enjoys rock climbing, scuba diving and spending time with his two children.
- North San Antonio Chamber of Commerce, Board of Directors
San Antonio Hispanic Chamber of Commerce (SAHCC)
- Board of Directors (effective January 2013)
- Economic Development Committee
- Alex Briseño Leadership Development Program
- Firm Representative
- Government Affairs Committee
- Greater San Antonio Chamber of Commerce, Finance Committee
- Our Lady of the Lake University School of Business, Advisory Board
- San Antonio Mays Family YMCA, Board of Managers
- Spanish - Fluent
- Portuguese - Limited