Practice Areas & Industries: Greenberg Traurig, LLP


Public-Private Partnerships (P3) Return to Practice Areas & Industries

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Public-Private Partnership One-Pager

A Public-Private Partnership (P3) refers to a contractual arrangement between public and private sector partners pertaining to the design, construction, operation, management and/or finance of revenue generating public infrastructure facilities and projects. P3s have been used in industry sectors as diverse as roads, airports, utilities, ports, schools and hospitals. Generally, the public sector partner retains the advantages of public ownership of the facility or asset, while the private partner brings expertise in operations and management, and project execution efficiencies.

Greenberg Traurig (GT) attorneys have the combined experience and business acumen to help government and private sector clients achieve their objectives in the P3 sector. GT has the ability to quickly deploy highly focused teams of attorneys experienced in the development, construction, financing, ownership and operation of the variety of P3 amenable project types.

We bring one-stop legal services for our client’s P3 project needs, eliminating the need to rely on multiple firms to address the spectrum of legal issues typically encountered in a P3. Additionally, our extensive national and international offices, resources, and reach uniquely position us to serve projects throughout the U.S., Central and South America, Canada, the Caribbean, Europe, and Asia.

Our attorneys have represented project sponsors, banks and institutional investors, monoline insurance companies, contractors, facility operators, and state and local government agencies. Through our representation of a wide range of clients, we understand the objectives of all parties with interests in P3s, and are able to advise on how to effectively balance competing interests.

Projects on which Greenberg Traurig attorneys have been engaged extend to virtually all industries involved in P3 infrastructure transactions and other public-private arrangements, including:

  • Roads, bridges and tunnels
  • Rail facilities
  • Airports and seaports
  • Electric generation and transmission facilities
  • Natural gas supply, transmission and distribution facilities
  • Water and wastewater treatment plants and reclaimed water systems
  • Solid waste and waster to energy facilities
  • Telecommunications facilities
  • Petrochemical projects
  • Arenas and convention centers
  • Housing
  • Community infrastructure development
  • Hospitals

We have participated in transactions employing the entire range of project structuring techniques and have made significant contributions to the evolution of many of those techniques. We have particular experience in the adaptation of P3 delivery structures (including D.B.O., 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.

Whether a client’s business objective is monetizing infrastructure revenue streams, financing of a new or expanded infrastructure, or efficiently managing or operating infrastructure, GT attorneys have the depth and breadth of knowledge and experience to bring the applicable project to fruition.

P3 Legal Services

  • Representation of sponsors, lenders, state and local governments, and other clients in connection with the development, structuring, financing, construction and operation of a wide range of transportation and other infrastructure projects.
  • Assisting private and governmental clients in the drafting of legislation underpinning key P3 infrastructure projects in the U.S. and overseas.
  • Negotiating infrastructure concession agreements, lease and license agreements, privatized operations and management agreements, and sale/leaseback agreements.
  • Negotiating and drafting the full range of construction agreements (including engineering, procurement and construction contracts) and construction enhancement mechanisms (including sponsor support agreements, performance bonds, guarantees and letters of credit).
  • Representation in a full range of financings, including private placements, public offerings, (in both the U.S. and overseas), IPOs and Rule 144A transactions, secured and unsecured bilateral and syndicated, credit facilities, industrial development bond financing, tax-free and taxable state and local government financing.
  • Negotiation and structuring of joint development, limited partnership, limited liability and other types of agreements for project participants, as well as all project-related contracts.
  • Full range of tax advice, including cross-border tax issues, tax analyses, fuel excise tax controversies, tax incentive negotiations, sales tax rulings and energy tax credits.
  • Advice to both international and U.S. clients on international and domestic compliance issues (including the Patriot Act and Foreign Corrupt Practices Act).

Articles Authored by Lawyers at this office:

Virtual Currency - New York State Extends Comment Deadline on BitLicense Proposal
Michael A. Berlin,Carl A. Fornaris,William B. Mack,Jamey L. Tesler, September 15, 2014
On August 21, 2014, the New York State Department of Financial Services (DFS) agreed to double the length of the open-comment period for its proposed virtual currency regulatory framework, extending the period another 45 days, to October, 21, 2014.

USA PATRIOT Act/AML Update: FinCEN Issues Long-Awaited Proposed Regulations Regarding Beneficial Ownership Disclosure
Carl A. Fornaris,Wendy Li,Micah Schwalb, September 01, 2014
On July 23, 2014, the Financial Crimes Enforcement Network of the U.S. Department of the Treasury (FinCEN) published highly-anticipated proposed regulations that, if adopted into final regulations, would require banks, securities broker dealers, mutual funds, futures commission merchants, and...

CFPB Issues Proposed Rule Implementing Dodd-Frank Amendments to HMDA
Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, August 26, 2014
On July 24th, the CFPB issued a proposed rule that would amend Regulation C to implement amendments to the Home Mortgage Disclosure Act (HMDA) made by the Dodd-Frank Act. HMDA generally requires mortgage lenders to report information about loan applications they receive and about loans they...

CFPB Issues Report on Overdraft Charges
Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, August 26, 2014
On July 31st, the CFPB issued a report on overdraft charges. The study is based on a set of account-level and transaction-level data from several of the large depository institutions which the CFPB supervises. In addition, the study was supplemented by CFPB research derived from a February 2012...

CFPB, FTC, and 15 States Announce Suits against Foreclosure Relief Companies
Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, August 26, 2014
On July 23rd, the CFPB, the Federal Trade Commission (FTC), and 15 states announced a concerted effort against foreclosure relief companies that were allegedly using false and deceptive means to market foreclosure relief services to distressed homeowners. The CFPB sued three companies, and...

CFPB Issues Proposal to Share Consumer Complaint Narratives
Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, July 31, 2014
On July 16th, the CFPB issued a proposed policy statement that would expand the scope of the public portion of its consumer complaint database to include “unstructured consumer complaint narrative data.” Until now, the CFPB has published only basic demographic and summary information it...

CFPB Sues Law Firm
Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, July 31, 2014
On July 14th, the CFPB sued a law firm alleging that it used deceptive court filings and unsubstantiated evidence to intimidate consumers into paying for debts. The CFPB alleges that the law firm operated “like a factory,” producing hundreds of thousands of such lawsuits.

CFPB Enters Consent Order with National Bank Regarding Alleged Mortgage Servicing Misconduct
Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, July 08, 2014
On June 17th, the CFPB, along with Department of Justice (DOJ), Department of Housing and Urban Development (HUD), and attorneys general in 49 states and the District of Columbia, filed a proposed consent order in federal court that would resolve allegations of mortgage servicing misconduct at a...

The CFPB Adds Mobile Financial Services to its Contact List; Providers of Such Services Should Be Prepared to Answer the Call
Brett M. Kitt, July 08, 2014
In an attempt to understand and position itself to respond to technological innovations that are occurring in the consumer financial services market, the Consumer Financial Protection Bureau (CFPB) recently issued a public request for information regarding the use by consumers of mobile electronic...

The Consumer Financial Protection Bureau (CFPB), Recent Developments: June 9, 2014 - June 13, 2014
Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, June 19, 2014
On June 11th, the CFPB announced the initiation of an inquiry into consumer issues presented by the use of mobile financial services. The CFPB issued a request for information (RFI) in order to aid its exploration of “how mobile technologies are impacting unbanked and underserved consumers...

CFBP Student Loan Ombudsman Testifies Before U.S. Senate Committee on the Budget
Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, June 11, 2014
On June 4th, Rohit Chopra, the CFPB’s Student Loan Ombudsman, testified before the U.S. Senate Committee on the Budget on the effect of student loan debt on the economy and potential means to address the issue. In his testimony, Chopra stated that “the financial crisis...contributed to...

CFPB Opens Advisory Board Meetings to Public
Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, June 10, 2014
Bowing to industry and political pressure for greater transparency, the CFPB announced on May 20th that it will open fully to the public the meetings of its Consumer Advisory Board, its Community Bank Advisory Council, its Credit Union Advisory Council, and its Academic Research Council, starting...

CFPB Posts Spring 2014 Rulemaking Agenda
Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, June 10, 2014
On May 23rd, the CFPB posted a semi-annual update of its rulemaking agenda. Under the Regulatory Flexibility Act, federal agencies must publish their regulatory agendas twice a year.

CFPB Releases Study on Credit Reporting and Medical Debts
Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, June 10, 2014
On May 20th, the CFPB released a study on medical debt finding that “consumers’ credit scores may be overly penalized for medical debt that goes into collections and shows up on their credit report.”1 The data set for the study consisted of five million credit records from...

CFPB Releases Supervisory Highlights Report
Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, June 10, 2014
On May 22nd, the CFPB released its latest supervisory highlights report, which summarizes significant examination findings of its Office of Supervision during the time period from November 2013 through February 2014. The report focuses principally upon its examination findings relating to non-bank...

The Consumer Financial Protection Bureau (CFPB), Recent Developments: May 12, 2014 - May 16, 2014
Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, May 23, 2014
On May 9th, the Department of Veterans Affairs (VA) issued an interim final rule as required by the Dodd-Frank Act to define which types of VA loans qualify as qualified mortgages (QM) for purposes of the CFPB’s new Ability-to-Repay Rule. The Ability-to-Repay Rule generally requires creditors...

The GROW AMERICA Act - Paves the Way for Public-Private Partnerships and State Funding for Infrastructure Through Tolling Facilities
Diane J. Blagman,Jean M. DeLuca,Alais L. M. Griffin,Jamey L. Tesler,David Veator, May 19, 2014
On April 30, 2014, the President sent a $302 billion surface transportation act to Congress, titled the Generating Renewal, Opportunity, and Work with Accelerating Mobility, Efficiency and Rebuilding of Infrastructure and Communities throughout America Act (GROW AMERICA Act or the Act). This...

Issuance of the National Infrastructure Program by the Mexico Federal Government
Juan Manuel González Bernal,Cecilia Quintanilla,Pedro Javier Reséndez Bocanegra,Rodrigo Piñeiro Villanueva, May 09, 2014
This GT Alert describes some of the most relevant aspects concerning Mexico's National Infrastructure Program published in the Federal Official Gazette on April 29, 2014 (the PNI).

CFPB Issues Annual Complaint Report
Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, April 21, 2014
On March 31st, the CFPB issued its Consumer Response Annual Report. According to the Report, which reviews the complaints received by the CFPB during the 2013 calendar year, the CFPB received 163,700 complaints—an 80 percent increase over 2012. The Report summarizes the complaints by category...

CFPB Issues Report on Debt Collection Industry
Peter L. Cockrell,Brett M. Kitt,Gil Rudolph,J. Scott Sheehan, April 02, 2014
On March 20th, the CFPB issued a report on the more than 30,000 consumer complaints it has received regarding the debt collection market. The CFPB started to accept debt collection complaints in July 2013 and these complaints quickly became the largest share of complaints received.