REITs
O’Melveny helps position REITs to succeed, no matter the state of the market.
“O'Melveny & Myers boasts a full-service capital markets team that represents issuers and underwriters, including investment banks, REITs and multinational corporations, in a variety of debt and equity transactions.”—Chambers USA (2024)
O’Melveny helps position REITs to succeed, no matter the state of the market.
“O'Melveny & Myers boasts a full-service capital markets team that represents issuers and underwriters, including investment banks, REITs and multinational corporations, in a variety of debt and equity transactions.”—Chambers USA (2024)
Upmarket real estate investing is complex. Real Estate Investment Trusts (REITs) in particular require counsel with practical, sector-specific real estate, finance, securities, tax, and executive compensation knowledge. For more than three decades, O’Melveny has helped the nation’s premier REITs navigate market cycles and evolving regulatory regimes.
More than just experience, we offer clients a nationwide team that Chambers describes as “hands-down among the best commercial real estate lawyers in the country.” Clients know us not only for our responsiveness and business-oriented approach but for our fluency across every relevant legal discipline. That’s why many REITs have relied on our counsel for decades—and why you will find O’Melveny alumni in senior legal and commercial roles at some of the industry’s most prominent REITs.
Over the past five years, we have advised on nearly US$15 billion in M&A transactions and more than US$30 billion in capital-raising transactions for top-tier REITs focused on lodging and resorts, health care, retail, residential, and infrastructure. And beyond those headline numbers, our lawyers have provided valuable day-to-day support on new investments and dispositions, financings, corporate governance, ‘33/’34 Act compliance, and general corporate and tax matters, including issues arising from post-COVID uncertainty.
Advised AFC Gamma, a Florida-based REIT, on its US$119 million initial public offering and NASDAQ listing and on dozens of subsequent direct loans to real estate companies.
Advised Ashford Hospitality Trust, Inc. on the formation and capitalization of Stirling Hotels & Resorts, Inc., a newly-formed NAV (“Net Asset Value”) REIT, including advising on all tax matters and certain corporate matters associated with this NAV REIT transaction.
Counseled CareTrust, one of the nation’s most successful operators of senior housing and health care properties, on public-company reporting matters and on numerous capital-raising transactions, including multiple underwritten public offerings, senior notes offerings, and the establishment of its at-the-market equity program for common stock.
Handled all real estate and corporate finance matters for Griffin Realty Trust’s sale of a majority interest in a 41-property, 53-building office portfolio across the US at a US$1.13 billion valuation.
Throughout a decades-long relationship, we advised shopping center owner and operator Macerich on hundreds of matters, including multi-billion dollar acquisitions of REITs, public offerings and corporate financings raising billions of dollars, and on amending financing for dozens of properties amid the COVID-19 pandemic.
Secured a landmark no-action letter from the Securities and Exchange Commission clarifying the application of Rule 144’s safe harbor to the resale of REIT common stock received upon the exchange of privately placed units in an UPREIT umbrella operating partnership.
Represented PNC Bank, National Association as administrative agent in connection a term extension to, and administration of, Easterly Government Properties’ US$100 million senior unsecured term loan facility. The facility will mature in January 2025 and was cited by Easterly for containing market leading terms. Easterly Government Properties, Inc. is a fully integrated real estate investment trust focused primarily on the acquisition, development and management of Class A commercial properties leased to the US Government.
Advised one of the nation’s leading health care REITs in its initial formation through a spin-off transaction in 2010 and for all of its capital markets transactions since its formation, including dozens of public offerings of equity and debt raising billions of dollars and Sabra’s transformative US$7.4 billion all-stock merger with public REIT Care Capital Properties.
“O'Melveny & Myers LLP has notable experience in real estate matters…the firm has a strong record of handling real estate transactions…for a variety of clients, including large corporations, state agencies and banks.”
—Chambers USA Southern CA offices recommended for Real Estate (2024)
“O'Melveny & Myers boasts a full-service capital markets team that represents issuers and underwriters, including investment banks, REITs and multinational corporations, in a variety of debt and equity transactions.”
—Chambers USA CA offices recommended for Capital Markets: Debt & Equity (2024)
“An impressive practice and frequently advises on private equity investments and loans... hands-down [some] of the best commercial real estate lawyers in the country.”
—Chambers USA
Four-time Winner, Project Finance Group of the Year
—Law360 (2016, 2017, 2020, 2021)
“They go well beyond negotiating and structuring deals to add tangible business value. That means vetting financial advisors, introducing financing options, and leveraging our considerable professional network to generate opportunities and deal flow.”
—IFLR1000