Howard S. Hirsch, shareholder in the Atlanta office, focuses his practice in the areas of real estate investment trusts (REITs), securities law and commercial transactions.
Securities and Public Company Experience
Mr. Hirsch has extensive experience in public securities offerings, SEC reporting, corporate and securities compliance matters, and private placements. He frequently handles securities and general corporate matters for publicly-held traded and non-traded REITs, along with public and private securities offerings. Mr. Hirsch's experience includes multiple Form S-11 registrations under the Securities Act of 1933 and reporting under the Securities Act of 1934, including quarterly, annual and periodic reporting. Mr. Hirsch advises boards of directors and all committees of various REITs and other public companies. He counsels public companies on corporate governance best practices and Sarbanes-Oxley compliance. Mr. Hirsch represents several issuers on SEC, FINRA, and "Blue Sky" regulatory matters in connection with registrations of public offerings of non-traded REITs and real estate partnerships, including detailed analysis and negotiation of NASAA Guidelines provisions. He also represents broker dealers on various FINRA compliance matters.
Mr. Hirsch has represented non-traded REITs in connection with public offerings in excess of $12 billion. He has represented some of the leading sponsors of public non-traded REITs in all aspects of their business including internalization of the advisor in anticipation of listing. He regularly works with publicly-traded REITs, tenant-in-common sponsors and traditional real estate sponsors seeking to form a non-traded REIT or otherwise access non-traded REIT distribution channels.
Corporate Transactional Experience
Mr. Hirsch's experience includes buy and sell side representation in mergers and acquisitions for public and private companies. He has general business transaction experience and has negotiated various agreements in the hospitality industry. Mr. Hirsch advises clients in forming, structuring and restructuring business organizations, such as corporations, limited liability companies and partnerships, including structuring and drafting of complex shareholders agreements, partnership agreements and limited liability company operating agreements in addition to general representation of businesses in corporate and commercial matters. Mr. Hirsch handles various corporate transactions for non-traded REITs including joint ventures, mergers and roll ups.
Mr. Hirsch also represents assisted living facilities in various health care regulatory and operations matters. His previous experience includes mediations and arbitrations, airline litigation, medical malpractice litigation and municipality defense. Additionally, he has career experience in restaurant management and sales.
- "Preparing for a Due Diligence Audit: Best Practices & Practical Solutions for Small-Mid-Sized Broker/Dealers," Tenth Annual New York Non-Traded REIT Industry Symposium, New York, New York, June 2013
- "Non-Traded REIT Regulatory Update: The Latest Need-to-Know from FINRA, the SEC, NASAA & Blue Sky," Eighth Annual Western Non-Traded REIT Industry Symposium, Dana Point, California, December 2012
- "Best Practices in Non-Traded REIT Corporate Governance," Eighth Annual Western Non-Traded REIT Industry Symposium, Dana Point, California, December 2012
- "What Labor and Employment Lawyers Need to Know About Financial Statements," American Bar Association Labor and Employment Annual Meeting, Atlanta, Georgia, November 2012
- "An Introduction to Non-Traded REITs and Their Pros and Cons as a Retail Investment Product in Today's Market," Ninth Annual New York Non-Traded REIT Industry Symposium, New York, New York, June 2012
- "Change is Coming: Understanding the Latest Regulation Impacting the Non-Traded REIT Market," Seventh Annual Western Non-Traded REIT Industry Symposium, Dana Point, California, December 2011
- "Point-Counterpoint Panel Debate: Waive, Subordinate or Charge Internalization Fees," panelist, Eighth Annual New York Non-Traded REIT Symposium, New York, New York, June 2011
- "Regulatory Update: The Latest Need-to-Know from FINRA, the SEC and Blue Sky and Other Key Regulatory Issues," 6th Annual Western Non-Traded REIT Industry Symposium, San Diego, California, December 2010
- "SEC Update and Dodd-Frank Wall Street Reform and Consumer Protection Act Overview," public company seminar presented to clients of Habif, Arogeti & Wynne, LLP, Atlanta, Georgia, October 2010
- "Examining Opportunities within Alternative Asset Classes: Which Offer the Greatest Investment Potential?" IMN's Non-Traded REIT Industry Symposium, New York, New York, June 2010
- "Blue Sky & FINRA: Key Regulatory Update and Perspectives," The 5th Annual Western Non-Traded REIT Industry Symposium, Los Angeles, California, December 2009
- "Exiting Today: Options, Key Considerations: What can be Learned from Past Exits," IMN's 6th Annual Private & Non-Traded REIT Industry Symposium, Panel Moderator, New York, New York, June 2009
- "Which REIT Exit Strategy is Most Appropriate and Under What Particular Circumstances?" IMN's 3rd Annual Western Non-Traded and Private REIT Industry Symposium, Scottsdale, Arizona, November 2007
- AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
- Named as one of Georgia's Legal Elite in Corporate Law by Georgia Trend Magazine, 2012
- Named as one of Georgia's Legal Elite in Business Law by Georgia Trend Magazine, 2009 and 2012
- Georgia Super Lawyers Rising Star, 2006
- Investment Program Association (IPA)
- Atlanta Bar Association
- Illinois State Bar Association
- Indiana State Bar Association
- State Bar of Georgia
Indiana, 1996 (inactive)
Georgia Superior Courts
Illinois State Courts
U.S. District Court for the Northern District of Illinois
- The John Marshall Law School (Chicago), J.D., 1996
- Indiana University, B.S., 1991