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REITs

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Given our preeminent real estate practice, it is no surprise that we are widely recognized as a leader in advising REITs. Our lawyers work together, across practices, to assist REITs with capital markets, corporate, investment management, mergers and acquisitions, real estate, and tax advice.

We work with REITs, REIT sponsors, contributors and investors, investment banks and investment advisers, and lenders. We assist with the formation of REITs, including private single and multi-sponsor REITs, UPREITs and Down REITs, initial public offerings of REITs, and consolidation of existing partnerships and properties into REITs. We also have particular expertise advising non-U.S. REITs, including J-REITs. We work with equity REITs as well as mortgage REITs.

Our lawyers advise REITs with their securities and corporate governance and compliance matters, as well as with financings in the public and private markets. We regularly assist in connection with mergers and acquisitions of REITs and REIT and non-REIT combinations.

Our tax lawyers have substantial expertise with REITs and assist with formation and conversion transactions, OP unit transactions, mergers, and acquisitions and dispositions. On a regular basis, our tax lawyers assist our REIT clients to comply with REIT tax requirements, including the income and assets tests, as well as with methods to minimize cash distributions of REIT income and gains. We advise on restructurings and modifications of operational tax compliance procedures in connection with pending and recently enacted tax legislation. We regularly follow tax legislation affecting REITs, including proposals relating to the depreciable lives of property, to eliminate preferred umbrella partnership units as "good property" for purposes of the investment company limitations, the REIT Modernization Act and other similar initiatives.

Click here to read a NAREIT interview with partner Thomas A. Humphreys on REIT IPOs.

Click here to read Frequently Asked Questions about Real Estate Investment Trusts

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