David F. Levy


Dave Levy represents clients on a wide range of transactions involving publicly-traded and privately-held real estate, finance, infrastructure and asset management companies, including real estate investment trusts (REITs), master limited partnerships (MLPs), “yieldcos” and “Up-Cs.”

He has advised clients in connection with the formation and capitalization of REITs, IPOs of REITs, spin-offs involving REITs and conversions of C-corporations to REIT status; leveraged partnerships, synthetic partnerships, and UPREIT and DownREIT partnership transactions; matters arising under the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA); like-kind exchange and condemnation transactions; various specialty financing transactions, including “to be announced” contracts, mortgage servicing rights, REMIC transactions, A/B note structures, interest and principal strips, and derivative instruments; 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; the formation of private equity and hedge funds; taxable and tax-free acquisitions, dispositions, and reorganizations of public and private companies; debt and equity financing transactions; internal corporate restructuring transactions; in-court and out-of-court debt restructuring transactions; and IRS private letter ruling requests and tax controversies.

Mr. Levy’s recent representations include: Formation Capital in its $1 billion REIT health care joint venture involving NorthStar Realty Finance Corp; the formation and spin-off of New Residential Investment Corp, the first publicly traded REIT focusing on the mortgage servicing space, and the acquisition by New Residential of Home Loan Servicing Solutions; the formation and spin-off of New Senior Investment Group, a senior living REIT; AustralianSuper in the $900 million acquisition of an interest in the Ala Moana Center from General Growth Properties; a fund managed by Fortress Investment Group in the acquisition and restructuring of a crude oil and refined products handling terminal; Oiltanking Holdings Americas in the $4.4 billion transfer of interests in Oiltanking Partners L.P. to Enterprise Products Partners L.P.; NextEra Energy Partners, L.P., a renewable energy yieldco, in its initial public offering; and American Capital Agency Corp. in its IPO and offerings of over $3 billion of stock, as well as the acquisition of Residential Credit Solutions, Inc., a mortgage servicing company.

Mr. Levy is a frequent lecturer on tax issues involving FIRPTA, REITs and partnerships. 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.

Bar Admissions

District of Columbia
New York


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