David Levy represents clients on a wide range of public and private transactions in the real estate, finance, infrastructure and investment management industries. Mr. Levy represents publicly traded real estate investment trusts (REITs), master limited partnerships (MLPs), “yieldcos” and “Up-Cs,” in connection with mergers and acquisitions, securities offerings, debt syndication transactions, structured asset acquisitions and dispositions, and spin-off, split-off and split-up transactions.
He also represents C-corporations in connection with restructurings and conversions to REIT status; REITs and other finance and yield vehicles in connection with specialty financing transactions, including “to be announced” contracts, mortgage servicing rights, REMIC transactions, A/B note structures, interest and principal strips, derivative instruments, and IRS private letter ruling requests and tax controversies.
In the private transaction area, he represents sponsors, management teams, investors and funds in connection with the formation and financing of private investment vehicles; the structuring, creation and financing of joint ventures; the acquisition, development and disposition of assets; the structuring of Section 1031 like-kind exchange transactions and transactions involving tenancy-in-common and long-term leasehold interests; and leveraged partnerships, synthetic partnerships, and UPREIT and DownREIT partnership transactions.
Additionally, he advises on matters arising under the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA), the New York City commercial rental occupancy tax regime, and the New York mortgage recording tax and real property transfer tax regimes; various debt and equity strategies relevant to specialty investors, including U.S. tax-exempt investors, high-net-worth individuals, non-U.S. pension funds and sovereign wealth funds; and in-court and out-of-court debt restructuring transactions.
Mr. Levy’s recent representations in the public energy and infrastructure space include: Oiltanking Holdings Americas in the $4.4 billion transfer of interests in Oiltanking Partners L.P. to Enterprise Products Partners L.P.; and NextEra Energy Partners, L.P., a renewable energy yieldco, in its initial public offering.
Mr. Levy is a frequent lecturer and author on tax issues involving FIRPTA, REITs and partnerships. He has published extensively on topics including transactions involving FIRPTA companies, section 1202, bankrupt partnerships and disregarded entities, debt-equity controversy and modern REITs and corporate tax, among many other topics.
He is a member of the National Association of Real Estate Investment Trusts and repeatedly has been selected for inclusion in Chambers USA: America’s Leading Lawyers for Business.
- LL.M., Georgetown University Law Center, 1998
- J.D., American University Washington College of Law, 1995
- B.A., University of Maryland, 1992
- New York
- District of Columbia
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