Bingham has a long history of representing clients throughout the United States in major real estate transactions. We represent many of the country’s largest and most sophisticated financial institutions, developers, pension fund advisers, corporations, governmental entities, REITs and other property owners in the full range of real estate transactions. Our group of real estate lawyers has won praise from both clients and peers for its ability to get deals closed advantageously and efficiently. Recognized as “smart, deal-making lawyers” in Chambers USA, our lawyers advise clients on myriad sophisticated real estate transactions involving acquisitions and dispositions; development; financing; joint ventures; leasing; restructuring and workouts; and debt, tax and environmental issues.
Our experience spans a broad spectrum of property types, including office buildings, apartments, industrial and warehouse facilities, hotels, shopping centers, strip malls, sports arenas, restaurants, entertainment facilities, affordable housing, hospitals, medical facilities, assisted living projects, resort facilities, condominium and timeshare projects, landfills, energy, and other utility projects.
Our areas of focus include:
Acquisitions and Dispositions
We represent developers, pension fund advisers, banks, corporations, governmental entities and others in the acquisition, development and disposition of real estate across the country. In addition to the acquisition and sale of real property, we work with clients in evaluating and consummating transactions involving the purchase or sale of multi-asset portfolios. We have developed a strong network of local real estate counsel to support our representation by providing insight into local laws and customs, enabling us to seamlessly close deals throughout the country. Click here to learn more.
Bingham represents clients in major real estate finance transactions totaling billions of dollars each year throughout the United States and around the world. We represent many of the largest commercial banks, life insurance companies, private equity funds, investment advisers and other institutional lenders in all facets of real estate finance. We also represent developers and other property owners, including pension funds, Fortune 500 companies and real estate families, as borrowers in real estate transactions.
We are actively engaged in creating and negotiating joint ventures between owners and investors to facilitate real property development. We represent both developers seeking institutional joint venture financing and institutions seeking local partners.
We represent both landlords and tenants in the leasing of real estate properties of all kinds, including complex special purpose projects. In particular, we represent landlords in the leasing of large multi-tenant metropolitan area office buildings and other commercial and industrial properties. In addition, we represent a broad range of corporate clients in their lease negotiations and other transactions with landlords.
Our institutional clients routinely turn to us for advice on developing strategies for problem mortgage loans and other distressed real estate transactions. We are particularly skilled in multijurisdictional real estate workouts and have had significant involvement in negotiating and implementing reorganization plans for troubled real estate projects.
Affordable Housing & Urban Development
We provide a multidisciplinary approach to representing clients in development and rehabilitation projects throughout the country. In particular, we are well versed in the myriad development and financing issues unique to affordable and mixed-income multi-family housing projects. We have handled all aspects of affordable housing and urban development projects totaling billions of dollars. Our multidisciplinary team includes lawyers experienced in the areas of real estate, tax, finance, land use and environmental issues.
Privatization, the creation of public-private partnerships and outsourcing, presents novel and complex legal and business issues that are frequently addressed through the use of project finance. The governments and businesses participating in these transactions are taking on roles and risks which they have not traditionally assumed. The challenge and opportunity is to devise new contractual relationships, financing mechanisms, supporting legislation and employee arrangements that match each type of privatization. Bingham has represented both governments and private parties in this context.
We take clients through the entire development process — from land acquisition to rezoning and permitting, equity investments, financings, construction and lease-up. Developers and other land owners retain us on a national basis in connection with large-scale, ground-up construction and major rehabilitation projects.
We provide tax planning advice to real estate-related entities, and their partners, shareholders and members. We are familiar with the numerous tax issues which arise as part of almost every real estate transaction, including those dealing with internal tax structuring, allocations of gains and losses, ERISA, unrelated business taxable income and other issues relevant to pension funds and tax-exempt investors. We also regularly address incentive compensation programs, spin-offs of various entities, a variety of equity financings, joint ventures and deal structuring issues.
Our lawyers counsel clients on land use matters, including subdivision matters, planning and zoning issues, and governmental exactions during the development process. Our land use lawyers frequently assist with documentation of complex project approvals and development agreements, and we serve as special counsel to a number of local governments in the revision of their general and specific plans, zoning, and subdivision ordinances.
Our group includes lawyers experienced in dealing with environmental regulation matters that present pervasive issues in real estate transactions, including legislative and regulatory developments at the local, state, federal and international levels.
Bingham’s litigation department has a nationwide practice in the resolution of disputes involving real estate transactions. Our real property litigators represent developers, owners, lenders and investors in a broad range of matters related to their interests in real estate throughout the U.S. and around the world.
We represent a number of developers and builders with their newly constructed projects ranging from small subdivisions to major planned residential communities. We are also involved in other projects, including cooperatives and condominiums, rehabilitation properties and occupied buildings. We have also structured offerings for golf course developments and memberships for U.S., British and Japanese clients.