Quick Results
Industries

Real Estate Investment Trust (REIT)

Print Version

We are one of the premier law firms in the country with significant experience representing publicly-traded REITs, public non-traded REITs and private REITs.

Featured Experience

Represented a major real estate developer in its merger with a publicly traded REIT, which involved in excess of $500 million with projects located in 12 states.

Represented a national health care REIT in the development, acquisition and leaseback of hospital facilities throughout the United States in transactions exceeding $1 billion.

Represented a publicly traded real estate investment trust in connection with numerous development transactions related to hospital and medical office buildings throughout the United States.

Industry Overview

Overview

Baker Donelson has an extensive and diverse real estate investment trust (REIT) practice. We are one of the premier law firms in the country with significant experience representing publicly-traded REITs, public non-traded REITs and private REITs.

Types of clients. Our clients include equity REITs, investment banks acting as underwriters to REITs and lenders to REITs. 

Securities experience. We represent both issuers and underwriters in initial public offerings and subsequent offerings of both equity and debt securities, including collateralized mortgage-backed securities. We counsel both publicly traded and non-traded REITs concerning disclosure and regulatory issues before the SEC, including Exchange Act reporting. We have also represented REITs in establishing and suspending share repurchase plans (SRPs) and distribution reinvestment plans (DRPs), in addition to issuer tender offers and third-party tender offers.

Public non-traded REITs. We have represented non-traded REITs in connection with public offerings in excess of $12 billion. We work with parties seeking to form a non-traded REIT – including publicly-traded REITs, tenant-in-common sponsors and traditional real estate sponsors.

Portfolio and cutting-edge transactions. We have particular strength in handling portfolio transactions – gearing up quickly, efficiently and cost effectively for high-volume work. We have represented REITs in innovative transactions, including first-time transactions (one of which relied on new SEC guidance) in the non-traded REIT industry.

Comprehensive legal counsel. We represent REITs in every facet of their businesses, including formation, capital raising, real estate acquisitions, mergers and acquisitions, joint ventures, RIDEA structures, tax compliance, executive compensation, ERISA, benefits, and corporate governance and compliance.

Industries served. Our lawyers counsel REIT clients in the health care, retail, office, industrial, hospitality, multi-family (including student housing), self-storage and telecommunications sectors.

Mergers and acquisitions. We represent both acquirers and targets in REIT M&A transactions and are intimately aware of the myriad of issues involved in successfully structuring, negotiating and closing these transactions. We also counsel our publicly-traded REIT clients on anti-takeover measures.

Joint ventures and other strategic investments. REITs are continuing to look for alternative sources of capital to share in the risk of making real estate investments. We counsel REIT clients on the structure, formation and operation of joint ventures with private capital. We also work with clients' tax groups and public accounting firms to structure joint ventures to achieve the desired accounting treatment.

Board and special committee counsel. At times, the board of directors of a public company must engage separate counsel to advise the board, or a special committee of the board, regarding conflict of interest transactions or other transactions. We advise boards and their special committees on complex REIT transactions, including M&A, going private and UPREIT contribution transactions.

Industry leaders. We have longstanding, solid working relationships with key regulators at the SEC, FINRA and the state securities divisions. Our lawyers serve on key industry committees, helping to establish industry rules and policies.

Representative Matters
  • Represented a major real estate developer in its merger with a publicly traded REIT, which involved in excess of $500 million with projects located in 12 states.

  • Represented a national health care REIT in the development, acquisition and leaseback of hospital facilities throughout the United States in transactions exceeding $1 billion.

  • Represented a publicly traded real estate investment trust in connection with numerous development transactions related to hospital and medical office buildings throughout the United States.

  • Represented national REIT in its acquisitions and leasing.

  • Assisted with the acquisition and divestiture by a publicly traded real estate investment trust client of multiple health care office buildings with a total value of approximately $160 million.

2015 Client Successes Report
  • Click here to read Baker Donelson's 2015 Client Successes Report

Baker Donelson has substantial depth in real estate and some excellent people.

Email Disclaimer

NOTICE: The mailing of this email is not intended to create, and receipt of it does not constitute an attorney-client relationship. Anything that you send to anyone at our Firm will not be confidential or privileged unless we have agreed to represent you. If you send this email, you confirm that you have read and understand this notice.
Cancel Accept