Practice Areas & Industries: Greenberg Traurig, LLP

 




Real Estate Investment Trusts (REITs) Return to Practice Areas & Industries

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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 Capabilities

  • 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

 

Services Available

 
Past Seminar Materials
IMN - Western Non-Traded REIT Industry Symposium, December 5, 2013
IMN - Non-Traded REIT Industry Symposium 10th Annual, November 20, 2013
REITWorld 2013 - NAREIT's Annual Convention for All Things REIT, November 13, 2013
IPA - 2013 Fall Conference, November 5, 2013
 
 
Articles Authored by Lawyers at this office:

CFPB Takes Action against Mortgage Insurer for Alleged Kickbacks
Robert E. Bostrom,Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, November 26, 2013
On November 15th, the CFPB filed a complaint and a proposed consent order against Republic Mortgage Insurance Corporation, a private mortgage insurance company (RMIC). The complaint alleges that RMIC violated Section 8 of the Real Estate Settlement Procedures Act by paying illegal kickbacks to...

Cordray Speaks to Mortgage Bankers Association to Tout and Defend the Qualified Mortgage Rule
Robert E. Bostrom,Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, November 06, 2013
On October 28th, CFPB Director Richard Cordray spoke at the Mortgage Bankers Association Annual Convention in Washington, D.C. Cordray’s speech touted the CFPB’s “open, inclusive, [and] transparent decision making” in crafting its Qualified Mortgage or Ability-to-Repay rule.

Ninth Circuit Holds that a Properly Structured Voluntary Rental Program Offering Does Not Convert Hotel Condominium Units into Securities
Richard F. Davis, September 30, 2013
In a case involving the offering of 450 condominium hotel units and a rental program at the Hard Rock Hotel in San Diego, California, the Ninth Circuit Federal Court of Appeals found in favor of the sponsor and upheld the real estate purchase and sale agreements as just that, a real estate contract...

Florida's New Fast Track Foreclosure Law Creates Additional Requirements for Lenders and Mortgage Servicers
Cory W. Eichhorn,Michele L. Stocker, July 19, 2013
According to the Florida House of Representatives, the State of Florida has been negatively impacted by the national foreclosure crisis, and, as a result, Governor Rick Scott and the Florida Legislature want to minimize the impact upon the judicial branch both in terms of funding and caseload. It...

Vermiculite Regulation Update
Daniel J. Ansell,Stephen C. Jones,Paul R. McIntyre,Steven C. Russo, July 15, 2013
New York City building owners and tenants are required, prior to any significant demolition or alteration work, to perform environmental testing to determine if “asbestos-containing material” or “ACM” (defined as material containing more than 1% asbestos) is present at the...

Supreme Court Decision Limits Ability of Government Agencies to Impose 'Extortionate' Permit Conditions on Landowners
Kerri L. Barsh,Jerry Stouck, July 01, 2013
On June 25th, the U.S. Supreme Court issued an important Takings Clause decision with far-reaching implications for real estate developers and others who rely on federal or state permits. In Koontz v. St. Johns River Water Management District, the Court extended the doctrine of...

CFPB Releases Small Entity Compliance Guides for Loan Originator and Mortgage Servicing Rules
Justin Angelo,Robert E. Bostrom,Thomas J. McKee,Gil Rudolph,J. Scott Sheehan, June 18, 2013
On June 7th, the CFPB published small entity compliance guides for its loan originator and mortgage servicing rules. The CFPB cautioned that the guides are not a substitute for the underlying rules but merely provide a user-friendly overview to assist those entities with limited resources in...

Georgia Court Sets High Bar to Vacate Arbitration Award for Manifest Disregard of Law
Andy Clark,Terry R. Weiss, June 03, 2013
The Georgia Arbitration Code (GAC) is unusual among arbitration statutes in that it explicitly provides that the arbitrator’s “manifest disregard of the law” is grounds for vacatur of an arbitration award. That amendment was added in 2002, and there have been few cases construing...

CFPB Settles Enforcement Regarding Real Estate Kickbacks
Justin Angelo,Robert E. Bostrom,Thomas J. McKee,Gil Rudolph,J. Scott Sheehan, May 28, 2013
The CFPB recently settled an enforcement action against a homebuilder who had allegedly received illegal referral fees through affiliated business arrangements in violation of the Real Estate Settlement Procedures Act.

The Florida Building Commission Clarifies the Application of the Florida Accessibility Code to Multifamily Housing Projects
Robert S. Fine, April 24, 2013
On April 9, 2013, the Florida Building Commission voted to issue a declaratory statement to resolve confusion among building officials regarding the proper application of the 2012 edition of the Florida Accessibility Code for Building Construction, which is published as the Accessibility Volume to...