Practice/Industry Group Overview
Greenberg Traurig lawyers have consistently represented Real Estate Investment Trust (REIT) industry leaders since the early 1980s. Our REIT practice unites transactional and regulatory experience from GT’s Corporate & Securities, Real Estate and Tax Practice groups, providing clients with a multidisciplinary legal team. We have experience representing both public and private REITs in virtually every phase of their corporate existence. Our clients include both equity and mortgage REITs, as well as infinite life, finite life and incubator REITs.
We advise on numerous tax and securities matters associated with forming and operating a REIT. Our counsel encompasses determining whether a REIT structure is a suitable vehicle to meet the objectives of our clients and their investors (including any foreign and tax-exempt investors) and, if so, structuring transactions and facilitating client access to public and private capital markets.
REIT Industry Commitment
Our client-centered focus is reflected in our commitment to individual REIT clients as well as the industry in general. Our contributions to the REIT industry and other investment vehicles in the real estate market include:
- Representing the REIT industry on Capitol Hill with respect to roll-up legislation
- Representing clients with respect to various SEC issues
- Representing the industry before the National Association of State Securities Administrators with respect to the adoption of REIT guidelines and general roll-up rules
- Representing REITs and affiliated broker-dealers before the corporate financing division of the Financial Industry Regulatory Authority (FINRA) with respect to new rule making initiatives
Our REIT capabilities include sophisticated know-how specific to initial public offerings and follow-on offerings, triple net lease transactions and matters concerning federally insured and other mortgage programs. We regularly advise clients on structuring tax-deferred like-kind exchanges, investments by tax-exempt entities and various types of real estate joint ventures, partnerships and issues pertaining to limited liability company law. We serve as outside counsel for several multi-billion dollar REITs and regularly advise on corporate governance, contracts, and corporate and securities matters, including those related to compliance with the Sarbanes-Oxley Act.
Our experience encompasses most types of real estate properties, including office buildings, senior living facilities, medical office facilities, shopping centers, hotels, and industrial warehouses and distribution centers. In addition, our work representing real estate operating companies in connection with their capital markets transactions, mergers and acquisitions, and other corporate reorganizations provides insight to a REIT’s objective.
Our lawyers have served on the Executive Committee and the Board of Governors of the National Association of Real Estate Investment Trusts (NAREIT) and on the Board of the Investment Program Association (IPA), which is the industry association for non-traded REITs.
- REIT formation and operation
- SEC compliance
- Public and private offerings (debt and equity)
- Financings and preferred equity investments
- Mergers and acquisitions
- Mortgage securitization
- UPREIT and down-REIT transactions
- Tax matters related to REIT operation and income distribution
- Land development
- Joint ventures
- Use of derivative financial products
- Traditional and reverse IRS Section 1031 exchanges
Articles Authored by Lawyers at this office:
CFPB Releases Spring 2015 Rulemaking Agenda
Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, July 15, 2015
The CFPB recently released its spring 2015 rulemaking agenda as required by the Regulatory Flexibility Act. It described the following upcoming rulemakings:
CFPB's First ILSA Enforcement Action
Peter L. Cockrell,Mark D. Hillier,Gil Rudolph, May 29, 2015
The Consumer Financial Protection Bureau (CFPB) recently announced an enforcement action against a property developer in Tennessee for violation of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§1701 et seq. (ILSA). According to the administrative consent order, the developer...
CFPB Observer: Recent Developments from Feb. 9-13, 2015
Peter L. Cockrell,Brett M. Kitt,Gil Rudolf,J. Scott Sheehan, March 24, 2015
On Feb. 9, the CFPB issued a report on consumer complaints regarding reverse mortgages. A reverse mortgage, which is only available to people above a certain age, is a particular type of home mortgage loan that permits older homeowners to access the equity in their homes. Repayment of the loan is...
U.S. Developers Flock to Tel Aviv Financial Markets
Joey T. Shabot, March 12, 2015
As the Wall Street Journal (subscription required) has recently reported, the Tel Aviv Stock Exchange has turned into a destination for large and medium sized U.S. real estate developers to access Israeli capital.