Dave Levy represents clients on a wide range of partnership transactions and tax matters, mergers and acquisitions, the formation of real estate investment trusts (REITs), UPREIT and DownREIT acquisition transactions, real estate acquisition and disposition transactions, matters arising under the Foreign Investment in Real Property Tax Act, various types of public and private debt and equity financing transactions, initial public offerings and restructuring transactions.
Mr. Levy has represented both purchasers and sellers in connection with partnership acquisitions and dispositions and taxable and tax-free corporate transactions in the U.S. and cross-border contexts. He also has advised private equity funds, hedge funds and real estate investment funds in connection with fund formation transactions, acquisitions and dispositions, and multiple transactions involving the use of financial products and derivatives. Mr. Levy also has represented clients in connection with private letter ruling requests submitted to the Internal Revenue Service and in controversies with the IRS.
Mr. Levy is a frequent lecturer on tax issues affecting partnerships, real estate companies, and distressed companies and assets. He repeatedly has been selected for inclusion in Chambers USA: America’s Leading Lawyers for Business.
Selected representations include:
Access Industries Inc. in the Chapter 11 restructuring of its subsidiary, LyondellBasell Industries AF S.C.A., a Netherlands-based chemicals manufacturer. The Chapter 11 filing applied to LyondellBasell’s U.S. operations and Basell Germany Holdings GmbH. The restructuring included an $8.5 billion debtor-in-possession financing, the largest in history;
Capital Shopping Centres Group PLC (United Kingdom) in the approximately $600 million partnership transaction involving Capital and Counties U.S.A., its U.S. REIT subsidiary;
Circuit City Stores, Inc. in its Chapter 11 restructuring, including a $1.1 billion debtor-in-possession financing and its approximately $1 billion liquidation;
Fortress Investment Group LLC in:
Steamboat Acquisition Corporation’s $269 million acquisition via a leveraged buyout of Steamboat Ski & Resort Corporation from American Skiing Company. Steamboat Acquisition Corporation is an affiliate of Intrawest ULC (Canada), a portfolio company of Fortress Investment Group;
its $2.8 billion leveraged buyout of Intrawest Corporation, a publicly traded Canadian company with real estate operations in Canada, the United States and Europe; and
its initial public offering of Class A shares;
Menasha Forest Products Corporation, a REIT, in its acquisition by an affiliate of investment funds managed by The Campbell Group, LLC, an investment firm that invests in timberland;
The Town & Country Trust, a REIT, in its approximately $1.5 billion acquisition by Morgan Stanley Real Estate, Onex Real Estate and Sawyer Realty Holdings LLC;
Sportsman’s Warehouse, Inc. in its Chapter 11 restructuring in the U.S. Bankruptcy Court for the District of Delaware. This transaction was named one of the 10 most successful restructurings for 2009 by Turnarounds & Workouts; and
Westfield Group (Australia), as special tax counsel, in its $524 million shopping mall partnership with Centro Properties Group (Australia).
District of Columbia
LL.M., Georgetown University Law Center, 1998
J.D., American University Washington College of Law, 1995
B.A., University of Maryland, 1992
Law Clerk, Hon. James S. Halpern, United States Tax Court, 1995-1996