Jack M. Epps
Get to Know
Kansas City Office
9225 Indian Creek Parkway
Suite 600
Overland Park, KS 66210-2000
T: 913.253.2159
F: 866.347.5156
jepps@foulston.com
Practice Areas
Business & Corporate Law
Mergers & Acquisitions
Real Estate
Family Business Enterprise
Emerging Small Business
Education
University of Kansas, J.D. (1993)
  • Kansas Law Review, Associate Editor
Kansas State University, M.B.A., (1987)
Kansas State University, B.S., (1985)
Admissions
  • Kansas (1994)
  • Missouri (1993)

Jack M. Epps, Partner


Jack Epps has devoted his practice to helping clients be successful in their business and real estate ventures in Johnson County and across the Globe. Mr. Epps is known for bringing creative solutions for his clients. With over 20 years of private practice, Mr. Epps brings significant legal experience to the table and as a former college and professional athlete, he brings a relentless commitment to excellence and hard work – which translates into success for his clients. Mr. Epps leads the firm’s Kansas City area Real Estate Investment, Development, and Transactions practice and also provides ongoing business and transaction counsel to businesses of all sizes in Kansas City and across the US as described in more detail below.

Mr. Epps provides business counsel in the areas of planning, designing, structuring, negotiating, documenting, closing and enforcing all types of business deals, relationships and arrangements. He serves as a trusted “outside business counsel” to a variety of businesses large and small in Kansas City and across the U.S – for businesses who do not have in-house counsel, or those that want to utilize his experience. Mr. Epps is frequently called on to represent clients in the acquisition or sale of existing businesses and/or assets.

Mr. Epps represents clients in the acquisition, entitlement, financing, development, leasing and/or sale of real estate projects in the Johnson County area and across the U.S. in all phases of real estate investment, including: (a) structure and formation of appropriate entities, (b) capital fundraising and debt financing, (c) identification and acquisition of properties, (d) obtaining development entitlements, including zoning and plan approvals and incentives, (e) vertical construction, (f) leasing and sales, and (g) providing general counsel with respect to other legal issues arising from real estate investments.
Professional Memberships, Affiliations, and Honors
  • Selected by peers for inclusion in The Best Lawyers in America© in the area of Business Organizations (including LLCs and Partnerships), 2017
  • Kansas City Metropolitan Bar Association Business Law Committee, Real Estate Law Committee
  • National Football League Former Registered Player Representative / Contract Advisor
  • National Football League Players Association Former Player / Safety with Kansas City Chiefs, 1986 and 1987
Community Involvement
  • Johnson County Parks and Recreation – Past Board Member
  • Juvenile Diabetes Foundation – Kansas City Chapter, Past Board Member
  • Leadership Overland Park – Graduate
  • Legacy Christian Church – Legacy Endowment Board Member

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  • General Business, Transactions and Investment Counsel

    Mr. Epps has provided legal counsel in the areas of planning, designing, structuring, negotiating, documenting, closing and enforcing all types of business deals, relationships and arrangements, including those that relate to the following:

    • Starting a new Business beginning with working with the founders / entrepreneurs to design and establish the best structure for the business venture, including corporations, limited liability companies, partnerships and limited partnerships;

    • Funding / financing a new or existing Business utilizing various debt and equity strategies;

    • Growing the Business thru acquisition transactions, including joint ventures, mergers, and acquisitions via various stock and asset transactions;

    • Representing unrelated 3rd party’s investment into an existing business in the various stages of business life-cycles;

    • Growing and protecting a successful Business thru various business strategies and agreements designed to incent winning and loyal performances by principals, employees, associates and consultants, including stockholder and operating agreements, stock option plans and agreements, employment and consulting agreements, and non-compete, non-solicitation and confidentiality agreements;

    • Executing and securing the Business plans thru various deals and arrangements with 3rd parties, including manufacturing, distribution and licensing agreements, etc.; and

    • Selling or disposing of the Business and/or the Investors’ interest in the business thru various sale and exit strategies.

  • Real Estate Investment, Development and Transactions

    Mr. Epps has represented developers and investors in every phase of their real estate investments and/or development projects, including:

    • Identification, negotiation of contracts, and acquisition of properties or existing development projects;

    • Structure and formation of appropriate entities for each real estate venture;

    • Coordination of the development team of professionals, including, appraisers, surveyors, land planners, engineers, architects, appraisers, contractors, brokers, etc.;

    • Identifying available project entitlements, including zoning and planning approvals as well as any available incentives (e.g. STAR Bonds, Tax Increment Financing, property tax abatement, sales tax capture/incentives, including Transportation Development Districts and Community Improvement Districts);

    • Securing optimal development entitlements thru discussions and negotiations with representatives of the various governmental entities, and presentations to the various governing bodies, including City and County Planning Commissions, City Councils and County Boards of Commissioners, and Appeal Boards;

    • Securing financing for the project thru capital fundraising and debt financing;

    • Horizontal and vertical development and construction; and

    • Leasing and/or sale of the project or parts thereof.

    Mr. Epps has provided counsel in various types of real estate investments/projects, including: 1) developed and undeveloped properties; 2) retail shopping centers; 3) office buildings and complexes; 4) mixed-use developments; 5) hotels; 6) single-tenant buildings; 7) multi-family projects; 8) single-family residential subdivisions; and 9) senior/assisted living facilities.

  • Mr. Epps provided lead counsel to national developers and/or investors competing and/or investing in the single-tenant “build-to-suit” and “sale-leaseback” market-place across the Country representing clients in each step of the client’s business plan, including: a) designing, structuring and forming the venture / entity; b) negotiating and documenting the build-to-suit (or sale-leaseback) lease with credit-worthy tenants; c) selecting and acquiring the optimal site; d) entitling the site thru local governmental approvals, including zoning, planning and available incentives; e) negotiating and documenting the appropriate construction agreements; f) securing financing for the project thru debt and equity funding; and g) negotiating, documenting and executing of the best exit strategy maximize the clients return on their investment.

    Successful ground-up “build-to-suit” projects – where Mr. Epps was the lead outside counsel - include the development and sale of numerous national single-tenant properties across the U.S., including Walgreens, CVS, McDonald’s, Burger King, Hooters, Denny’s, Whataburger, Damon’s, Good Year, Quaker Steak, Damon’s, Quick Trip and Quick Stop, and Fresenius Dialysis Center.

Shareholder, Polsinelli Shughart, 2003-2012
Associate and Partner, Bryan Cave, 1993-2003

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2010
  • New Strategies for M&A Buyers and Sellers
    -Inside the Minds: Dealing with M&A Financing and Risk in a Changing Market
2009
  • Kansas Corporate Practice and Forms
    -Data Trace Publishing Co.
2003
  • “Missouri Corporate Practice and Forms
    -Data Trace Publishing Co.


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