Real Estate

LEADERS

Overview

The Real Estate Practice Group handles the most sophisticated real estate transactions worldwide.  Our team of lawyers handles complex and challenging matters for a wide array of clients, such as the owners, developers and financiers of the largest real estate projects in the United States and Europe, both in the private and public sectors.  Practice group members are skilled in a broad spectrum of transactions that includes:

  • Real estate finance
  • Development
  • Sales and acquisitions
  • Land use and environmental matters
  • Leasing
  • Distressed asset workouts
  • Real estate matters may require a range of services and present varied challenges.

The Real Estate group is supplemented by the full scope of Gibson, Dunn & Crutcher’s legal capabilities, including corporate, bankruptcy, environmental and litigation, to provide superb representation and counsel in the following areas:

  • Asset ownership, development and management
  • Cross-border acquisitions, dispositions, development and finance
  • Development, entitlement, land use and environmental matters
  • Lending and other financing transactions
  • Workouts

EXPERIENCE & RECENT REPRESENTATIONS

Both as a complement to our representation of project owners, financiers and investors and as an independent practice area, our real estate lawyers are involved in all aspects of real estate asset ownership, development and management.  Among these matters are:

  • Commercial leasing
  • Design and construction contracts
  • Project deficiencies and their correction
  • Property, leasing and asset management contracts
  • Insurance-related issues

Our international work reaches far beyond our European offices, where we routinely lead some of the largest and most complex transactions.  Our lawyers provide counsel to developers and private equity investors on real estate development opportunities worldwide.

We are experienced with all of the attendant cross-border issues.  We work with clients to obtain financing and assist in securing the protocols necessary to provide client access to world financial markets, wherever the location of the project.

Our experience with major infrastructure projects provides us with a vast repository of contacts experienced in international finance and real estate development, as well as local counsel and official government contacts in jurisdictions around the world.  Our global debt and equity transactions work involves numerous jurisdictions, including Panama, Costa Rica, Mexico and South Korea.

Our proficiency in matters related to real property development is second to none.  We draw on a deep experience base of guiding the legal aspects of the largest and most complex development projects.  We represent developers in all asset classes, including:

  • Office buildings
  • Business and industrial parks
  • Large-scale, single and multi-family housing projects
  • Shopping centers
  • Hotels, golf courses and other resort properties
  • Mixed-use and other condominium projects

Gibson Dunn has extensive experience advising and assisting clients seeking to obtain entitlements to develop property, responding to concerns and objections raised by city and other relevant authorities as well as other third parties, and efficiently negotiating the resolution of such issues.  Our lawyers work with members of the litigation department to minimize the risk of challenges to development projects.

Increasingly, entitlement and environmental issues are critical factors in most real estate decisions.  Our lawyers have broad experience in these areas, especially in relation to complex details of land use entitlements.  We work closely with our Environmental Litigation and Mass Tort Practice Group to help clients evaluate and avoid the pitfalls associated with the presence of environmental hazards.

Gibson Dunn has comprehensive familiarity with real estate financing and investment transactions of all types, from the standpoint of institutional lenders (conduit and balance sheet) and private investors, as well as borrowers.  Our broad client base includes:

  • Insurance companies
  • Banks
  • Pension funds
  • Opportunity funds
  • U.S. and international private companies and individuals
  • Landowners
  • Developers

We handle a wide spectrum of transaction types, such as:

  • Traditional secured lending, both conduit and balance sheet
  • Sale-leaseback transactions
  • Ground lease financing
  • Synthetic lease transactions
  • Mezzanine financings
  • Partnerships and other joint ventures

We are well-versed in developing alternative, creative solutions for our clients’ specific needs on an asset-by-asset basis.

Our real estate lawyers’ experience includes a significant amount of workout and restructuring of distressed loans, financings and assets.  We work with our insolvency lawyers to handle the difficult problems that arise when a project is in trouble.  We have represented a wide range of clients, including banks, private equity funds and a number of major insurance companies with distressed investments including foreclosures, workouts and restructurings in a variety of locations.

RECENT PUBLICATIONS

Gibson Dunn Ranked in Chambers UK 2019

-November 2, 2018

U.S. News – Best Lawyers® Awards Gibson Dunn 132 Top-Tier Rankings

-November 2, 2018

IRS Provides Much Needed Guidance on Opportunity Zones through Issuance of Proposed Regulations

-October 22, 2018

Webcast: CFIUS Reform and the Implications for Real Estate Transactions

-October 19, 2018

Financing Arrangements and Documentation: Considerations Ahead of Brexit

-October 11, 2018

Gibson Dunn Ranked Among Top New York Real Estate Law Firms

-October 2, 2018

Dodd Frank 2.0: U.S. Federal Banking Agencies Propose New HVCRE Capital Regulations

-September 24, 2018

New York State Supreme Court Annuls State Title Insurance Regulations

-July 6, 2018

India – Legal and Regulatory Update (June 2018)

-June 28, 2018

Gibson Dunn Receives Chambers USA Excellence Award

-May 25, 2018

Dodd Frank 2.0: Reforming U.S. HVCRE Capital Treatment

-May 24, 2018

Real Estate Finance Partner Kahlil Yearwood Joins Gibson Dunn in San Francisco

-May 4, 2018

Supreme Court Approves Deferential Review of Bankruptcy-Court Determinations on “Insider” Status

-March 20, 2018

Supreme Court Settles Circuit Split Concerning Bankruptcy Code “Safe Harbor”

-March 5, 2018

New Threat of Substantive Consolidation for Real Estate Lending Structures

-February 7, 2018

2017 Year-End German Law Update

-January 7, 2018

International Investors to Be Liable to UK Tax on Capital Gains Derived from UK Real Estate from 2019

-November 24, 2017

Proposed Revised Capital Treatment for “High Volatility Commercial Real Estate”: More Loans Likely to Be Covered

-October 5, 2017

Webcast: Enforcing Security Interests Outside of Bankruptcy: Remedies Under the Uniform Commercial Code

-September 6, 2017

California Supreme Court Upholds Los Angeles County’s Interpretation of Documentary Transfer Tax Act

-July 10, 2017

Proposed New Disclosure Regime for Overseas Entities Owning UK Real Estate

-June 20, 2017

UK Private Fund Limited Partnerships

-May 8, 2017

2016 Year-End German Law Update

-January 13, 2017

IRS Issues Final and Proposed Regulations Addressing Partnerships and Section 956 and the Active Rents and Royalties Exception

-November 11, 2016

IRS Releases Final Regulations Clarifying the Definition of Real Property for REITs

-September 9, 2016

FinCEN Expands Temporary Reporting Requirements on Title Insurance Companies for All Cash Luxury Real Estate Transactions to Six Major U.S. Areas

-August 1, 2016

Is It Still Possible to Implement Tax-Free Step-Up of Real Estate Assets Held Through a French SCI?

-July 25, 2016

BREXIT – What Next? Key issues if you are doing business in or with the UK and the EU

-June 28, 2016

BREXIT

-June 24, 2016

IRS Releases Temporary and Proposed Regulations Extending REIT Built-in Gain Recognition Period for Property Acquired from a C Corporation and Tightening the Rules for REIT Spinoffs

-June 14, 2016

2015 Year-End French Law Update

-February 24, 2016

Do Not Pass Go, Do Not Collect $200: FinCEN Imposes Temporary Reporting Requirements on Title Insurance Companies for All Cash Luxury Real Estate Transactions in Manhattan and Miami

-February 11, 2016

Webcast – Real Estate Lending Structures and their Bankruptcy Drivers; Understanding How We Got Here

-January 27, 2016

Toward a Greater East Side: California Political Boundary Law and Southeast Los Angeles County

-January 1, 2016

President Obama Signs Appropriations Bill Exempting Non-U.S. Pension Funds from FIRPTA, Taxing REIT Spinoffs, and Making Other Important Changes to the Taxation of U.S. Real Property Investments by Non-U.S. Investors and the REIT Rules

-December 29, 2015

Amendment to France-Luxembourg Tax Treaty Will Not Tax the Sale of Companies Owning French Real Estate Before 2017

-November 23, 2015

President Obama Signs Bipartisan Budget Act of 2015, Sweeping Aside Rules That Have Governed Tax Audits of Partnerships Since 1982

-November 12, 2015

Webcast: Compliance Strategies for Private Real Estate Fund Managers

-November 5, 2015

Proposed IRS Regulations Target Management Fee Waivers and Other Partnership Interests Received for Services

-July 28, 2015

Potential Impacts for EB-5 Investments in the Real Estate Sector as September 30 Deadline for Reauthorization Approaches

-June 17, 2015

U.S. SEC Adopts Final Rules Implementing “Regulation A+” Offering Exemption for Offerings of up to $50 Million

-April 22, 2015

“High Volatility Commercial Real Estate”: U.S. Federal Banking Agencies Release Answers to Frequently Asked Questions

-April 17, 2015

ECJ Decision Halts 15.5% French Social Taxes on Income from French Property of Certain EU Residents, Inviting up to Two Years of Refunds

-March 6, 2015

2014 Year-End French Law Update

-January 23, 2015

2014 Year-End German Law Update

-January 9, 2015

Applicable As of November 2014, France Lists Which Charges May No Longer Be Imposed by Lessors to Lessees under French Commercial Leases

-November 12, 2014

Recent Court Decision Upholds Los Angeles County Assessor’s New Interpretation of Documentary Transfer Tax Act

-October 30, 2014

The Scarlet Letter Of Self-Stigmatized Property

-October 23, 2014

Renegotiation of the France and Luxembourg Tax Treaty: Taxation of Real Estate Capital Gains Now Expanded by Way of a September 5, 2014 Amendment to the Treaty

-September 8, 2014

Renégociation De La Convention Fiscale France Luxembourg : Par Un 4ème Avenant, La France Se Voit Attribuer Le Droit D’imposer Les Plus-Values De Cession De Titres De Sociétés A Prépondérance Immobilière Détenant Des Immeubles En France

-September 8, 2014

2014 Mid-Year French Law Update

-July 22, 2014

Real Estate and Tax Practice News – Sommer 2014 (German language)

-July 22, 2014

2013 Year-End German Law Update

-January 15, 2014

UK Consults on Its AIFM Remuneration Code

-September 26, 2013

OSHA’s Proposed Silica Limits Have Major Implications for Fracking, Construction, Manufacturing, and Maritime Industries

-August 28, 2013

First Circuit Issues Troubling ERISA Decision for Private Equity Funds

-August 2, 2013

Grunderwerbsteuerliche Neuregelung zur Vermeidung von grunderwerbsteueroptimierten Erwerbsstrukturen (RETT-Blocker Strukturen)

-July 22, 2013

Germany Adopts Capital Investment Act (KAGB) to Implement the European AIFM Directive

-July 22, 2013

Obama Administration’s Fiscal Year 2014 Revenue Proposal Would Facilitate Investment in U.S. Real Property by Foreign Pension Funds

-May 22, 2013

French Court of Appeals Adopts New Safeguard Plans for Heart of La Défense

-March 7, 2013

Expatriation vers la Suisse: la France durcit le ton

-January 14, 2013

2012 Year-End German Law Update

-January 10, 2013

UK Government Targets Foreign Owners of UK Residential Property

-March 30, 2012

Hospitality Industry Faces Significant New ADA Regulations

-March 28, 2012

Renegotiation of The France-Luxembourg Tax Treaty Targets Capital Gains on French Real Estate Companies

-February 7, 2012

French Court of Appeals Confirms Heart of La Defense’s Right to Seek and Obtain Creditor Protection in France under Safeguard Proceedings

-February 1, 2012

2011 Year-End German Law Update

-January 10, 2012

The ABCs of California Foreclosure Law

-January 1, 2012

Federal Agencies Propose Comprehensive Volcker Rule Implementation

-October 12, 2011

French Finance Bill for 2011 — Thin Capitalization Rules Reform Bill

-December 7, 2010

The Final “Volcker Rule” under the Dodd-Frank U.S. Financial Regulatory Reform Bill

-July 12, 2010

Tauschgeschäfte bei Immobiliengesellschaften

-July 7, 2010

Carried Interest Tax Legislation Passed by House, But Senate Prospects Uncertain

-May 28, 2010

European Parliament and Council Back New Alternative Investment Fund Rules

-May 19, 2010

Trial Court Decision Provides Guidance for Investors and Lenders Regarding Significant Shareholder’s Fiduciary Duties to Other Shareholders Under Delaware Law

-May 3, 2010

Grundschuldabtretung bei Forderungsverkauf

-April 14, 2010

California Supreme Court Decision Provides Framework for Real Property Purchase Agreements in California

-March 25, 2010

Financial Regulatory Reform: Chairman Dodd Releases New Legislation to Reform Financial Services Industry Regulation and Enhance Consumer Protection

-March 17, 2010

Obama Administration 2011 Budget Tax Proposals

-February 3, 2010

Important Third Circuit Decision Regarding Break-Up Fees in Section 363 Bankruptcy Sales

-January 27, 2010

German-Law GmbH Share Transfers or Pledges — The End of the Road for the Notarization in Switzerland?

-January 12, 2010

Bankruptcy Judge Approves General Growth Properties’ Reorganization Plan

-January 4, 2010

House Moving Quickly on Tax Extenders Bill That Would Tax Carried Interests as Ordinary Income and Crack Down on Foreign Tax Evasion

-December 8, 2009

Financial Regulators Encourage “Prudent” Workouts of CRE Loans

-December 7, 2009

Is There a Receiver in Your Life?

-December 2, 2009

Federal Relief of Distressed Commercial Market

-November 23, 2009

Financial Regulatory Reform: Consumer Financial Protection Agency Moves Forward

-October 22, 2009

Financial Regulatory Reform: Derivatives Legislation Moves Forward in House

-October 15, 2009

Financial Crisis Inquiry Commission to Begin Investigations Next Month

-September 17, 2009

Treasury Issues New Rules to Encourage CMBS Workouts

-September 17, 2009

In re: General Growth Properties, Inc. – Court’s Denial of Motion to Dismiss Will Affect Single Purpose Borrowers

-September 4, 2009

California Appellate Court Strikes Down an Inclusionary Housing and Affordable Housing In-Lieu Fee As Preempted by the Costa-Hawkins Rental Housing Act

-July 24, 2009

Financial Crisis Inquiry Commission: Commissioners Appointed; Commission Likely to Begin Investigations in September

-July 15, 2009

Financial Markets in Crisis: Administration Releases “White Paper” on Reforming the Financial Regulatory System

-June 17, 2009

California Gets Tough on Lenders and Purchasers of Foreclosed Rental Property

-May 19, 2009

A 9/11-Style Independent Commission for Financial Regulatory Reform Looms on the Horizon

-May 13, 2009

Appellate Division of New York State Supreme Court, Third Judicial Department, Rules That New York’s Labor Law Section 220 Does Not Apply to Charter School Projects

-May 11, 2009

Environmental Compliance Review Required for Projects Funded Under the American Recovery and Reinvestment Act of 2009

-May 7, 2009

Single Asset Real Estate – Fast Track Bankruptcy Cases

-May 1, 2009

Legislation Reintroduced to Tax Carried Interests as Ordinary Income

-April 7, 2009