Capital Markets and Securities Regulation
Our corporate and securities attorneys have represented REITs in connection with numerous initial public offerings and secondary offerings of common stock, public and private offerings of preferred stock and debt securities, securitized rated debt transactions, “at-the-market” common stock offerings and medium-term note programs. In addition, our attorneys regularly counsel REITs and other public companies and their insiders on U.S. securities law matters, including SEC, NYSE and Nasdaq reporting and corporate governance, tender offers, dealing with financial analysts and other capital market participants, and compliance with SEC disclosure rules and regulations, including SEC periodic filings (10-K, 10-Q, 8-K and proxy materials).
Our national real estate practice consists of over 125 attorneys with extensive experience in acquisitions, dispositions and financing of individual properties and multi-property portfolios in all 50 states. The Fox real estate team is led by nationally ranked transactional attorneys with years of experience representing REIT clients and navigating the real estate market in both upswings and downturns. Our real estate team is also well-versed in key areas such as leasing, zoning and land use, construction, tax appeals and condemnation.
Our tax attorneys have considerable experience with all aspects of REIT taxation, REIT formation, REIT operations, REIT conversions and income distribution. We also have extensive experience and provide essential advice with respect to business structures that address various REIT tax issues, including UPREIT and downREIT structures and other pass-through entities utilized by REITs and their operations.
Mergers and Acquisitions
Our M&A practice is deep and varied and delivers responsive representation and practical advice at every stage of the transaction. Our M&A attorneys have advised REITs in connection with public and private mergers, roll-ups, OP unit exchanges, joint ventures and other sophisticated portfolio acquisitions. In addition, our lawyers have represented special committees of directors in connection with acquisitions, including in connection with hostile takeover advances and other contested change of control transactions.
Other REIT-Related Practices
Our REIT Practice Group also provides legal services in the following areas:
- real estate joint ventures, partnerships, and limited liability companies
- land development
- employee benefits and executive compensation
- intellectual property
- privacy and data security
- use of derivative financial products
- traditional and reverse IRS Section 1031 exchanges