W. Foster Gaillard

Principal

5 Exchange Street, Charleston, SC 29401

Phone: (843) 720-4610 | Fax: (843) 723-7398 | Email: fgaillard@buistmoore.com

Practice Areas
Business and Banking
Economic Development Incentives
Real Estate
Zoning and Land Use

W. Foster Gaillard is a principal in the law firm of Buist Moore Smythe McGee P.A. where he concentrates his practice in the area of complex commercial real estate transactions, banking law and business law. He has extensive experience in representing corporate and individual clients in all aspects of real estate law, including contract negotiations, zoning and land use issues, financing, regulatory matters and closing the transaction. His clients include owners and developers of shopping centers, office buildings, industrial facilities, apartment complexes, hotels, retail and mixed use developments, condominium and planned unit developments. His practice also includes the representation of various banks and other institutional lenders in all aspects of real estate lending and asset-based financing. He also handles economic development incentive work for new and expanding businesses.

Mr. Gaillard received his undergraduate degree from Washington & Lee University in 1970 and his law degree from the University of South Carolina in 1973. He is a member of the Real Estate Practices Section of the South Carolina Bar and the Real Property, Probate and Trust Law Section and the Business Law Section of the American Bar Association. He served as the Chair of the Real Estate Practices Section of the South Carolina Bar in 2001-2002 and served as Chairman of the Continuing Legal Education Committee of the South Carolina Real Estate Practices Section in 1995. He is a past member of the South Carolina Bar Professional Responsibility Committee and is a past member of the South Carolina Bar Ethics Advisory Committee. He is a former member of the Books/Media Committee and a former member of the Foreclosure and Related Remedies Subcommittee of the American Bar Association and co-authored a summary of South Carolina foreclosure law for the American Bar Association publication entitled Foreclosure Law and Related Remedies: A State by State Digest (ABA, 1995).

Mr. Gaillard is a member of the American College of Real Estate Lawyers, where is currently serves as Chair of the Common Interest Ownership Committee, and formerly served as a member of ACREL's Membership Selection Committee. He also serves on ACREL’s Hotel, Resort & Hospitality Committee. He is listed in the current editions of The Best Lawyers in America, Chambers USA: America's Leading Business Lawyers, South Carolina Super Lawyers, and The International Who's Who of Business Lawyers (Real Estate) and was named “Charleston Real Estate Lawyer of the Year” for 2009 by Best Lawyers in America. Mr. Gaillard is a past member of the House of Delegates of the South Carolina Bar and a past President of the Charleston Young Lawyers Club. He served as a member of the City Council of the City of Charleston for twelve years and served as Mayor Pro-Tempore of the City of Charleston in 1984. He is very active in the community and serves on numerous local boards and commissions.

Representative Matters:

•	Lead counsel to owner in connection with a $60,000,000 conduit loan refinance of hotel portfolio
•	Lead developer counsel in connection with the development of an $80,000,000 luxury hotel
•	Lead counsel in the acquisition of resort facilities, including golf courses, lots, undeveloped land, and various amenities
•	Lead counsel in connection with the development of $100,000,000 industrial distribution facility
•	Lead lender counsel in connection with a $65,000,000 public/private mixed use development
•	Lead counsel in the acquisition and development of numerous hotels, shopping centers, office buildings, apartment complexes and industrial facilities
•	Lead counsel for developers in connection with the development of numerous mixed-use, condominium and planned unit developments
•	Assist owners and developers in permitting, zoning, and other land use issues, including negotiating and obtaining approval of Development Agreements pursuant to the South Carolina Local Government Development Agreement Act

Educational Background:

•	University of South Carolina School of Law, 1973 - J.D.
•	Washington and Lee University, 1970 - B.A.

Honors:

•	2009 “Charleston Real Estate Lawyer of the Year” by Best Lawyers in America
•	The Best Lawyers In America, Real Estate Law
•	Chambers USA: America’s Leading Lawyers for Business, Real Estate Law
•	South Carolina Super Lawyers, Real Estate
•	The International Who's Who of Business Lawyers, Real Estate Law
•	Who's Who Legal USA - Real Estate
•	Recipient of the Historic Charleston Foundation's Robert N.S. and Patti Foos Whitelaw Founders Award for Distinguished Achievement in Historic Preservation in Charleston, SC

Professional Organizations:

•	American College of Real Estate Lawyers • Common Interest Ownership Committee, 2002-Present; Chair, 2010-Present • Member Selection Committee, 2003-2006 • Hotels, Resorts & Hospitality Committee, 2009-Present • Member Development Committee, 2010-Present • Orientation and Integration Committee, 2010-Present
•	South Carolina Bar Real Estate Practices Section • Section Council Member, 1996-2003 • Chair, 2001-2002 • Vice-Chair, 2000-2001 • Chair, CLE Committee, 1995
•	South Carolina Bar • Member, House of Delegates, 1984-1988 • Member, Ethics Advisory Committee, 1980-1990 • Member, Professional Responsibility Committee, 2000-2003
•	Past President, Charleston Young Lawyers Club, 1980-1981
•	American Bar Association • Member, Real Property, Probate and Trust Law Section • Member, Foreclosure and Related Remedies Committee, 1994-2000 • Member, Books/Media Committee, 2002-2004
•	Contributing Author, "Summary of South Carolina Foreclosure Law," Foreclosure Law & Related Remedies: A State by State Digest, American Bar Association, 1995

Bar Admissions:

•	South Carolina, 1973

Community Organizations:

•	Councilmember, City Council, City of Charleston, 1980-1992
•	Mayor Pro-Tem, City of Charleston, 1983-1984
•	Ways and Means Committee, City of Charleston, 1980-1992
•	Carolina Youth Development Center, Board of Directors, 1981-1987
•	United Way Budget and Allocations Board, 1980-1983
•	Trident United Way, Board of Directors, 1983-1986
•	Carolina Art Association, Board of Directors, 1988-1992
•	Preservation Society of Charleston, Member
•	Charleston County Board of Ethics (Charleston County Bar Association Representative), 1981-1985
•	Charlestowne Neighborhood Association, Board of Directors, 1984-1992
•	City of Charleston, Tourism Commission • 1980-1992 • 1999-2005 • 2000-2002, Chair
•	Junior League of Charleston Community Advisory Board, Board Member, 1992-1995
•	Vestry, St. Philip's Church, 1992-1995
•	Member, Rotary Club of Charleston • Board of Directors, 1993-1995
•	Downtown Neighborhood Coalition, Director, 1991-1994
•	Trident BEST Base Reuse Committee, 1993-1994
•	Lowcountry Open Land Trust, Board of Directors, 1993-1999
•	Charleston Symphony Orchestra, Board of Directors, 1995-1998
•	Historic Charleston Foundation, Board of Directors, 2001-Present •Treasurer, 2008-Present
•	Joseph P. Riley, Jr. Institute for Urban Affairs and Policy Studies, Advisory Board, 2002-2006
•	Porter-Gaud School, Board of Trustees, 2006-Present