Private Equity, REITS and Real Estate Capital Markets TRANSACTIONAL
We represent public companies, REITs, private equity advisers, real estate operating companies, mutual funds investment managers and pension funds in all types of real estate transactions, including acquisitions, dispositions, equity investments, restructurings, workouts and mezzanine debt. Our clients include both taxable and tax-exempt investors (including pension and endowment funds). Our tax and ERISA groups work closely with us on many transactions. We have overseen the offerings of billions of equity in public and private REITs. We are familiar with market terms and conditions on economics, including registration rights and tax protection provisions.

Contacts

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Boulger, Sean T.

Sean T. Boulger

Vice Chair, Real Estate Practice Group

+1 617 526 6870 (t)

sean.boulger@wilmerhale.com

Burton, Douglas L.

Douglas L. Burton

Partner

+1 617 526 6270 (t)

douglas.burton@wilmerhale.com

Burke, Robert D.

Robert D. Burke

Partner

+1 617 526 6470 (t)

robert.burke@wilmerhale.com

Barnett, Keith R.

Keith R. Barnett

Partner

+1 617 526 6930 (t)

keith.barnett@wilmerhale.com

Boulger, Sean T.

Sean T. Boulger

Partner

+1 617 526 6870 (t)

sean.boulger@wilmerhale.com

Burke, Robert D.

Robert D. Burke

Partner

+1 617 526 6470 (t)

robert.burke@wilmerhale.com

Burton, Douglas L.

Douglas L. Burton

Partner

+1 617 526 6270 (t)

douglas.burton@wilmerhale.com

Jakubowski, Paul

Paul Jakubowski

Partner

+1 617 526 6948 (t)

paul.jakubowski@wilmerhale.com

Edwards, Stephen M.

Stephen M. Edwards

Special Counsel

+1 617 526 6067 (t)

stephen.edwards@wilmerhale.com

Gold, H. David

H. David Gold

Special Counsel

+1 617 526 6425 (t)

david.gold@wilmerhale.com

Kincaid_Susan.jpg

Susan M. Kincaid

Special Counsel

+1 617 526 6577 (t)

susan.kincaid@wilmerhale.com

Experience

Representative transactions in the area of REITs and public companies include:

  • Representing a national commercial real estate investment firm in the rollup of several syndicated limited partnerships and the subsequent listing of the rolled-up entity as a $1 billion public company. Issues included complying with the SEC's rollup rules.
  • Representing entrepreneurial real estate developers in the disposition of properties to public UPREITs. Issues included tax protection, resale registration, valuation, and negotiation of representation and warranties.
  • Representing a public UPREIT, valued in excess of $1 billion, in going private, including the tax-free disposition of the operating partnership.
  • Advising on the formation of a joint venture with an offshore REIT in a $435 million recapitalization of the client's senior housing investments with a foreign financing source.
  • Representing an investor in the formation of private REITs for the acquisition of investment properties.
  • Representing the special board committee of a public REIT in the acquisition of properties from affiliated entities.
  • Advising on the formation for a mortgage REIT of a mezzanine finance fund in order for an offshore client to invest in multi-family projects in conjunction with first-mortgage loans.
  • Representing a joint venture of a public REIT and a local partner in the development of a 1,250,000-square-foot mixed-use development involving the preservation and rehabilitation of 400,000 square feet of space in two historic structures and the construction of a new adjoining tower.
  • Representing a publicly traded industrial warehouse REIT on numerous acquisitions of large distribution facilities across the United States.
  • Representing a publicly traded life sciences REIT in the high-profile acquisition of developments in the United States and Canada.
  • Representing a publicly traded healthcare REIT in the acquisition of a portfolio of seven nursing homes in New York and Michigan; and the acquisition of a portfolio of 13 New England nursing homes and assisted living facilities.
  • Advising on the conversion of a public REIT to a private investment company and assisting that company in apartment property portfolio sales throughout the mid-Atlantic and southeast regions.
  • Representing a public REIT in the redevelopment and sale of Boston's Russia Wharf as a 900,000-square-foot mixed-use hotel, office and residential facility.

Representative transactions in the area of private equity and institutional investors include:

  • Representing a private equity firm in a co-investment joint venture with the country's largest public pension system for the purchase and development of apartment projects in the eastern United States.
  • Advising on the acquisition of a portfolio of "workforce" housing projects in New York City, valued at $164 million.
  • Numerous joint venture transactions, including:
    • the formation of several joint ventures with different senior housing operators to acquire and develop more than $500 million of senior housing projects;
    • the formation of a partnership to acquire the historic Ames Building in Boston, which was then converted into a boutique hotel; and
    • the acquisition of interests in partnerships that own premier office buildings in Boston's Back Bay.
  • Representing a mutual fund company in the acquisition and financing of a portfolio of seven multi-family projects, including a $130 million loan from a government-sponsored enterprise and the refinancing of a separate portfolio with a $140 million loan from another government-sponsored enterprise.

Publications & News

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May 26, 2017

WilmerHale Lawyers and Practices Recognized in 2017 Edition of Chambers USA

Chambers and Partners announced its rankings for the 2017 edition of Chambers USA: America's Leading Lawyers for Business, with WilmerHale listed among the nation's best in 50 practice area categories. Chambers also ranked 86 WilmerHale lawyers as leaders in their respective fields.

May 27, 2016

WilmerHale Lawyers and Practices Recognized in 2016 Edition of Chambers USA

Chambers USA: America's Leading Lawyers for Business announced its final rankings for the 2016 edition, with WilmerHale ranking among the nation's best in 47 practice area categories. Chambers also ranked 82 WilmerHale lawyers as leaders in their respective fields.

November 1, 2013

WilmerHale Among U.S. News – Best Lawyers® “Best Law Firms” and Again Named International Arbitration “Law Firm of the Year”

The 2014 edition of the U.S. News – Best Lawyers® “Best Law Firms” list names WilmerHale as “Law Firm of the Year” in International Arbitration—this is the second consecutive year that the firm has won this honor—and honors WilmerHale as a first-tier law firm in 27 national and 60 metro-area rankings.

August 31, 2012

The 2013 Best Lawyers in America® List Includes 101 WilmerHale Lawyers

June 7, 2012

Chambers USA 2012 Final Results Announced

September 15, 2010

U.S. News Media Group and Best Lawyers Release Inaugural Best Law Firms Rankings

WilmerHale earns first-tier rankings for a dozen national practices.

August 12, 2010

90 WilmerHale Lawyers Named to The Best Lawyers in America® 2011

Best Lawyers is based on an exhaustive peer-review survey in which more than 39,000 leading attorneys cast almost 3.1 million votes on the legal abilities of lawyers in their practice areas.

June 11, 2010

Chambers USA 2010 Reveals Final Results Ranking 101 WilmerHale Lawyers and Dozens of Practices

One-hundred and one WilmerHale lawyers are recognized in the eighth edition of the guide and the firm is listed as among the best in dozens of practice areas throughout its six US locations.

March 18, 2010

Chambers USA 2010 Honors WilmerHale, Ranking Over 100 Lawyers and Dozens of Practices

One-hundred and two WilmerHale lawyers will be recognized in the eighth edition of Chambers USA: America's Leading Lawyers for Business.

February 16, 2010

Firm Helps Walden Woods Project Preserve Nature and History