Banking & Finance
The business lawyers in the firm's Public Finance Section have consistently undertaken a unique and creative approach to projects involving public bodies and public/private partnerships. We have broad experience in all types of transactions involving public entities, including taxable and tax exempt financing for both nonprofit and for-profit projects. Our business lawyers have represented cities, counties, state government, port authorities and other types of governmental entities. We have also served as counsel to underwriters, placement agents, borrowers, lenders, letter of credit providers and fiduciaries in all types of taxable and tax exempt bonds, state and local incentive programs. Our experience ranges from routine general obligation bond and note offerings to complex, multi-layered development projects involving public and private sector partnerships. We have represented a variety of public finance clients, including cultural institutions, educational institutions, health-care providers and private companies in conduit borrowings for real estate acquisition, renovation and capital equipment purchases. Our business layers have also been involved in a variety of capacities for transactions and projects involving housing authorities, school districts and other special purpose districts.
Broad Experience
As a full service business law firm, we regularly call upon our attorneys with expertise in finance, federal and state tax, securities, real estate, environmental, government relations and other areas to assist our public finance clients in transactions involving infrastructure improvement, economic development, facilities siting, housing development and public and public/private partnership project development. Some of our attorneys have served as public officials in state, county and city government, and our attorneys include former investment bankers, capital markets licensed securities brokers, fixed income securities specialists, accountants and bankers. We have a unique team of highly qualified professionals who bring a broad variety of experience to each challenge our public finance clients face. In addition, together with attorneys in our Business Restructuring practice, we have assisted issuers, borrowers, fiduciaries, lenders and others in workout situations for troubled bond projects. And, through our Government Relations Practice, we monitory legislative action and public finance on behalf of both public and private clients.
Financing Services
Our public finance attorneys have been involved in a wide variety of tax-exempt financings, including general obligation bonds, revenue bonds, tax increment financing, certificates of participation, 501(c)(3) bond financing, exempt facility financing and industrial revenue bonds. Depending upon the role(s) of the client(s), we assist in due diligence; provide legal and tax structuring advice; prepare "blue sky" memoranda; participate in the preparation of appropriate disclosure documents, such as the preliminary and final official statements; and prepare and negotiate the necessary documentation, including the bond purchase agreement, letter of credit, placement agreement, reimbursement agreement, and trust indenture; and render legal opinions regarding the legality of the securities, their tax-exempt status, the availability of exemptions under applicable securities laws, etc. We pride ourselves on our expertise with banking law and efficiently solving difficult problems and developing innovative financing approaches to suit the needs of the parties to a particular transaction. Our public finance attorneys also provide advice in connection with compliance with IRS and Municipal Securities Rule-making Board requirements, including the so-called "pay-to-play" regulations and with post-closing compliance and enforcement issues involving, for example, continuing disclosure obligations and IRS audits.
Project Finance
Our public law attorneys approach each project with the goal of efficiently and effectively assisting each client in structuring a transaction, streamlining the process, negotiating the financing and ultimately completing the project on time and on budget. Because we have represented from time to time all the different participants in various projects, we can anticipate the objectives of each party and work toward a result that makes sense for all involved. We have worked in the arena of banking law with national leaders in investment banking, commercial banking, mezzanine lenders, equity sponsors, developers and all types of financial advisors and consultants, and believe we are creative problem solves in conjunction with such parties in achieving the successful implementation of the project.