Brad Markoff represents private and public companies, partnerships, and funds (including real estate investment trusts, other real estate entities, entrepreneurial businesses and private equity funds) in a variety of US- based domestic and Asian-based cross border capital markets transactions, including raising capital in both private offerings and through initial public offerings, secondary offerings of debt and equity, and through taxable or tax-exempt bonds issued by governmental agencies; and mergers and acquisitions, including roll-up transactions and real estate portfolio acquisitions and dispositions. He represents underwriters in connection with various capital markets transactions, including initial public offerings and secondary offerings of debt and equity. Representation of boards of directors and special committees in a variety of board-related issues. Brad also represents National Governments and governmental agencies, in a variety of matters, including capital raising, urban redevelopment, legislative drafting, policy formulation regarding capital formation and economic development.
Brad is a frequent author and speaker on topics relating to cross border finance, REITs, innovative financing structures and mergers and acquisitions, having spoken at numerous conferences and university programs around the world, including the U.S., Australia, Hong Kong, the People’s Republic of China, Vietnam, South Korea, Singapore, the Philippines, South Africa and the United Kingdom.
- Advisor to the Asia Pacific Real Estate Association (APREA) in connection with its entering into a Collaboration Agreement with Cambridge Associates, LLC, Cambridge, MA (USA).
- Advisor to LB Resources in connection with joint mine operating and China distribution agreements in the Philippines (iron ore) and Indonesia (coal).
- Advisor to the Legislative Committee of the Adoption of a Real Estate Investment Trust Scheme in the Republic of the Philippines.
- Advisor to the Peoples Bank of China (PBOC) and the Asian Development Bank on the Adoption of an Asset Backed Securitization Scheme in the People’s Republic of China.
- Advisor to the Chairman of the Real Estate and Finance Program of Peking University’s School of Law on the Adoption of a Real Estate Investment Trust Scheme in the People’s Republic of China.
- Advisor to Limitless/Dubai World to recapitalize Asian Portfolio.
- Advisor to Thermoflor, BV, of Netherlands in its efforts to build a chain of European-styled garden centers in the People’s Republic of China.
- Advisor to Subic Neocove Corporation, a subsidiary of the Heung-A Property Group of Korea, for the development and financing of its 500 hectare resort development project in Subic Bay, Philippines.
- Advisor to Iho Land, a Korean developer, in connection with its $250 million USD financing of a resort development on Jeju Island Korea.
- Advisor to Jones Lang LaSalle China in connection with the negotiation, drafting and execution of a joint cooperation agreement with Shanghai International Tendering Company, Ltd. to arrange for the financing by Chinese State Owned Enterprises and other PRC-based financing sources of onshore and offshore real estate development projects owned by foreign development companies.
- Advised numerous publicly traded REITs in connection with formation transactions, IPOs, secondary offerings of equity, debt securities and hybrid derivative instruments and public merger transactions, requiring more than 170 separate filings with the Securities and Exchange Commission, including the largest single paper filing in the Commission’s history.
- Advisor to Governor of North Carolina in connection with the State’s contested takeover of the North Carolina Railroad Company from its private shareholders. Over 165 years old, the NCRR is one of the oldest continuously operating railroads in the US, having been created in 1848 through a public-private venture between the State Government and public citizens.
- Advisor to the State of North Carolina and a consortium of Banks to negotiate the relocation to Raleigh, North Carolina of the National Hockey League Hartford Whalers (now the Carolina Hurricanes) and to structure the financing needed to build a state-of-the-art 23,000 seat Sports Arena.
- Advisor to numerous county, municipal, city and state governments (and their agencies and affiliates) or businesses involved in transactions with governmental entities on a wide variety of transactions and matters, including serving as Bond Counsel or Issuer’s Counsel on numerous tax-exempt revenue bonds, general obligation bonds and taxable bonds used to finance nuclear power plants, urban redevelopment projects, governmental buildings, port facilities, manufacturing plants and hospitals.
- Advisor to Bank of America in connection with the Bank’s issuance of a Loan and Credit Facility to the TPC Network, an affiliate of the PGA Tour, to refinance the TPC’s entire portfolio of Championship Golf Course Properties.
Honors & Awards
- "Best Lawyers in America," Best Lawyers (2017)
- “Who’s Who in the World,” (2014)
- “Leading Lawyers in Real Estate Investment Trusts” Chambers USA, America's Leading Lawyers for Business (2009)
- “Leading Lawyers in Real Estate Investment Trusts” Chambers Global (2009)
- “Leading Lawyers in Real Estate Investment Trusts” Legal 500 (2009)
- “Best Lawyers in America” Best Lawyers (2009)
- AV® Preeminent™ Rating, Martindale-Hubbell
Professional, Business and civic Affiliations
- Asia Pacific Real Estate Association (“APREA”), Vice President-Executive Committee, Member Council of Governors (May 2008-May 2013)
- National Association of Real Estate Investment Trusts (“NAREIT”), Associate Member Board of Governors, Past Chairman SEC Regulatory Committee (January 2002-January 2010)
- Founding Member, Member Board of Directors, The Council for Entrepreneurial Development (CED), Research Triangle Park, North Carolina
- Past Member, National Association of Bond Lawyers
- China REITs-What’s The Latest (Update 2010-2011)July 2011
- Examining the Regulatory Framework for REITs Across the World Markets; Best Practices and Lessons Learned From the United States ExperienceJanuary 2009
- Examining the Regulatory Framework for REITs Across the World Markets; Best Practices and Lessons Learned From the United States ExperienceJanuary 2008
- Hostile Takeovers of REITs2005
Events & Speaking Engagements
- APREA Real Estate Accreditation Program: Cross Border Finance & Property Investments in Mainland China
- APREA Real Estate Accreditation Program:The Regulatory and Practical Aspects of Conducting an Initial Public Offering of a REIT on the Hong Kong Exchange
- Mr. Markoff is a frequent author and speaker on topics relating to cross border finance, REITs, innovative financing structures and mergers and acquisitions, having spoken at numerous conferences and university programs around the world, including the U.S
- NAREIT Law & Accounting Program - Symposium Chairman, Various Programs On REIT Securities & Formation Issues
- NYU REIT Symposium – Various Programs on REIT Mergers & Acquisitions, including Hostile Takeovers of REITS
- Practicing Law Institute - REIT Board of Advisors; Program Chairman on REIT International Finance
- Missouri, 1982
- U.S. Tax Court, 1982
- North Carolina, 1984-2010
- Hong Kong, People’s Republic of China Special Administrative Region 2008 (Registered Foreign Lawyer)
University of Washington School of Law, J.D., 1982
Duke University, A.B., 1979