Real Estate Investment Funds

Our Funds team provides clients who sponsor, finance or invest in real estate investment funds a unique combination of legal resources to assist them with all of their domestic and global transactions.

In the United States, we have developed a robust fund formation platform drawing from our market-leading Real Estate practice and experienced Fund Formation network as well as longtime relationships with fund managers and sponsors. We offer an international team that has worked on behalf of real estate and other private equity funds targeting investments in the United States, Europe and Asia.

Our clients include the leading international investment funds, fund sponsors, real estate advisors, developers, public and private pension funds, REITs, investment and commercial banks and institutional lenders.

  • The Orrick Difference

    We have an experienced private investment funds team equipped to advise fund sponsors and investors on virtually every type of private equity fund.

    We work at the seams with senior real estate lawyers who have deep experience with fund organization and investments.

    Our team has relevant experience and multidisciplinary resources to match your needs.

    We have particular experience with fund documentation, applying standard market practices as well as unique structures, side-letter negotiations, creation of Private Investment Funds (PIVs) and tax-efficient structures, as well as sponsoring offerings of “penguin” interests required to establish REITs in their structure. Our multidisciplinary team handles all ancillary legal areas relevant to real estate funds, including corporate and securities, tax, ERISA, compensation and benefits, structured finance, banking and finance, bankruptcy, environmental liability and litigation.

    Our team is well-versed in the numerous U.S. and non-U.S. local, state and federal laws and regulations.

    We advise on all laws affecting the formation and operation of real estate and other private equity funds, including Investment Company Act of 1940, Investment Advisers Act of 1940, Securities Exchange Act of 1934, Securities Act of 1933, Commodities Exchange Act, Broker/Dealer rules and regulations, ERISA and relevant global tax laws.

  • Fund Formation

    Colony Capital
    Formation of a new Italian real estate fund, and on the fund’s acquisition of 14 real estate assets.

    Gerding Edlen
    One of the largest developers of “green” office and residential projects in the U.S. on the formation of Gerding Edlen Green Cities III, L.P., a US$350 million value added fund for the acquisition and development of a multifamily and office sustainable development. Also advised on the formation of its second fund, a US$250+ million value-added fund.

    Hackman Capital Partners
    Setting up its second real estate fund, a $250 million real estate and equipment fund focused on industrial and creative office opportunities.

    Roxborough Group
    Formation of its inaugural fund, Roxborough Fund I, a $100 million discretionary value add and opportunistic investment vehicle.

    Fund Investments

    Oregon Public Employees Retirement Fund
    Investments in real estate focused funds in the United States, Asia, South America and Europe, totaling more than $1 billion in aggregate.

    USAA Real Estate Company
    US$100 million separate account investment by a state-sponsored pension fund. The investment account will focus on investments in value-added opportunities and ground-up developments in the industrial sector across the western United States.