Practice Areas & Industries: Greenberg Traurig, LLP

 




Project & Infrastructure Finance Return to Practice Areas & Industries

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Practice/Industry Group Overview

Until recently, the United States lagged behind the rest of the world when it came to utilizing the financial resources of the private sector in developing, financing and operating major public infrastructure projects. In the past few years, however, federal, state and local governments have all recognized the benefits of entering into public-private partnerships. The transportation sector has been at the forefront of this development thus far, with water, waste, port and airport facilities and other types of municipal infrastructure expected to follow suit. Greenberg Traurig's Project and Infrastructure Finance attorneys are well placed to assist both private and municipal clients in this complex and expanding project finance area, as well as in more traditional project finance transactions.

Our team provides strategic advice coupled with an in-depth understanding of the people, customs and languages of the countries where our clients do business. We advise clients on virtually every aspect of their business from turn-key project development and redevelopment design and structuring to financing, implementation and operation. We also provide regulatory advice, handle environmental permitting and represent clients in litigation and other forms of dispute resolution.

Whether a client's business objective is the financing of multi-billion dollar power generation or ethanol facilities, oil and gas infrastructure projects, pipelines, pulp and paper mills, port facilities, airports, toll roads or sports stadiums in the United States or abroad, we use our depth and breadth of knowledge and experience to bring the applicable project to fruition.

Our practice brings together integrated, multidisciplinary teams from across the firm, including attorneys who focus on real estate, tax, labor, intellectual property and environmental law, as well as energy contracting and regulation. We also have a public utilities team with experience counseling on matters involving electric, natural gas, water, wastewater, telecommunication, stormwater, solid waste and reclaimed water utilities. Our clients include project sponsors, lenders, investors, contractors, governmental municipalities and other project participants. We also counsel municipal and other governmental entities on infrastructure privatizations and concession programs.

We are well versed in developing and implementing both traditional and innovative financing techniques to address the needs of our clients. Our attorneys have participated in transactions employing a wide range of project structuring techniques. We have particular experience in the adaptation of innovative financing structures (including B.O.O., B.O.T. and B.O.O.T) to projects in later-developing nations in order to respond to the needs of sponsors and lenders in light of local country conditions. We also have experience in structuring transactions to accommodate the requirements of the credit rating agencies.

Our attorneys have experience with the various types of project delivery options and continuously improve upon the major industry contract forms, including AIA, AGC and EJCDC forms. We have also developed contract forms that specifically address the requirements of particular projects and local conditions, both in the United States and overseas.

Our attorneys include former ambassadors, cabinet secretaries and other diplomats with hands-on experience in countries around the world. Other members of our team play leading roles in the construction industry's major trade associations. In addition, many have worked as engineers and bring to the table real-world construction and engineering experience.

Experience with A Wide Range of Projects

  • Power/energy
     
  • Transportation
     
  • Telecommunications
     
  • Natural resources
     
  • Petrochemicals
     
  • Water, sewer and solid waste
     
  • Pulp and paper
     
  • Production facilities
     
  • Public-private partnerships
     
  • Real estate development
     
  • Sports stadiums and arenas
     
  • Public housing

Project and Infrastructure Finance Legal Services

  • Structuring, financing, redevelopment design, acquisition or sale of energy, utility and infrastructure projects
     
  • Negotiating and structuring joint ventures, limited partnerships, limited liability corporations and other types of entities
     
  • Negotiating and preparing project-related agreements, including engineering and architectural design, EPC, construction, equipment purchase and lease, supply and vendor agreements
     
  • Advising both public and private sector clients with respect to all aspects of public-private partnerships
     
  • Providing regulatory advice and assisting with environmental and other permitting
     
  • Structuring and implementing innovative financing structures, insurance coverages and other enhancements (including B.O.O., B.O.T., B.O.O.T. and project bonds)
     
  • Negotiating leveraged and synthetic leases of generating plants and fuel handling, storage and other facilities
     
  • Undertaking tax analyses, resolving fuel excise tax controversies, negotiating tax incentives, and obtaining sales tax rulings and energy and other tax credits
     
  • Designing and implementing secured and unsecured bilateral and syndicated credit facilities, private placements, public offerings, IPOs and Rule 144A transactions
     
  • Developing transaction structures to accommodate credit rating agency conditions on the assignment of ratings to debt securities
     
  • Advising on international and regulatory compliance issues, such as the Patriot Act and Foreign Corrupt Practices Act
     
  • Undertaking loan workouts, debt restructurings and debtor-in-possession financings involving creditors committees, secured and unsecured noteholders, agents and bank groups in syndicated credit facilities and examiners and other fiduciaries
     
  • Conducting litigation and dispute resolution

 

Services Available

 
Group Presentations
  Sports Executive Leadership Conference, June 24, 2013
Brewer - Sports Law CLE for Rookies and Veterans Third Annual, June 20, 2013
Cardozo Sports Law Symposium, April 23, 2013
 
Past Seminar Materials
  InfraAmericas - US P3 Infrastructure Forum, June 18, 2013
Sports Lawyers Association 39th Annual Conference, May 16, 2013
ACIC Annual Spring Investment Forum, April 25, 2013
 
 
Articles Authored by Lawyers at this office:

A Brief Recap of Recent Regulatory Actions Regarding Short-Term, Small-Dollar Lending
Robert E. Bostrom,Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, December 09, 2013
Providers of short-term, small-dollar loans, including deposit advance products and payday loans, have increasingly come under attack in recent months by Federal and State regulators. These attacks have been both collateral and direct and they appear to be close to reaching a dramatic crescendo. A...

On Party Line Vote, House Financial Services Committee Passes Six Bills Aimed at Restructuring the CFPB
Robert E. Bostrom,Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, November 29, 2013
On November 21st, the House Financial Services Committee passed six bills aimed at bringing oversight, accountability and transparency to the CFPB. Committee Chairman Jeb Hensarling (R-TX) called the bills “common-sense bills that bring a modicum of accountability and transparency to the...

CFPB Trial Disclosure Program Now Effective
Robert E. Bostrom,Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, November 15, 2013
On October 29th, the CFPB’s Notice of Policy regarding its Trial Disclosure Program was published in the Federal Register, thus making the Policy effective. Section 1032(e) of the Dodd-Frank Act permits consumer financial service providers to “conduct a trial program that is limited in...

Federal Financial Regulators Issue Diversity Policy Statement
Robert E. Bostrom,Peter L. Cockrell,Gil Rudolph,J. Scott Sheehan, November 05, 2013
On October 23rd, the OCC, the Federal Reserve Board, the FDIC, the NCUA, the SEC, and the CFPB issued a proposal for joint standards to assess the diversity policies and practices of their respective regulated entities. Section 342 of the Dodd-Frank Act requires each of these agencies to develop...

CFPB Issues Interim Final Rule and Bulletin Clarifying Mortgage Servicing Requirements
Robert E. Bostrom,Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, October 31, 2013
On October 15th, the CFPB issued an Interim Final Rule and CFPB Bulletin 2013-12. Both provide clarification regarding certain aspects of the CFPB’s recently published Mortgage Servicing Rule (MSR). The Bulletin provides guidance regarding: (1) policies and procedures for successors in...