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Practice Areas & Industries: Greenberg Traurig, P.A.

 



Greenberg Traurig, P.A.


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Practice/Industry Group Overview

Steady population growth and a marked increase in the pace of real estate development over the past decade have affected state and local governments across the country. They are increasingly challenged to meet public infrastructure needs, from airports and expressways to schools and other public projects. These governments face the challenges of financing and strategic planning, while limited resources add to the pressure of how funds are allocated.

At Greenberg Traurig, we don’t just advise our clients on immediate needs - we help them develop and implement long-term financial strategies. Our Public Finance Practice brings together an interdisciplinary team of attorneys from our Securities, Banking, Tax, Land Use, Creditors’ Rights Litigation and Real Estate Practices. We provide clients with legal services tailored to their particular public finance needs. Our attorneys have participated in a wide range of public projects and programs, including education, roads and bridges, transportation, community redevelopment, utilities, health care, single and multifamily housing, 501(c)(3) organizations, community development and industrial development.

The attorneys in our national practice group serve as bond, underwriter’s, issuer’s, borrower’s, special tax and disclosure counsel for all types of financings by public entities throughout the United States. Our clients include states, counties, municipalities, school districts and many different kinds of special purpose units of local government. We also serve as counsel to financial institutions acting as trustees, credit enhancers, liquidity providers and institutional purchasers. Our team is particularly well known for our single-family and multifamily housing finance work; we advise many residential real estate developers and lenders on tax-exempt financing. We also focus on public education and community development district financings, among other areas.

The Greenberg Traurig Public Finance Team has experience in structuring complex transactions and has attorneys who specifically focus on the tax aspects of municipal finance. This concentration also allows us to represent parties in dealing with the Internal Revenue Service Tax-Exempt Bond Office.

Finally, Greenberg Traurig is one of a small group of firms nationally focusing on secondary market tax-exempt bond transactions such as tender option bond programs, total rate of return swaps and other derivative transactions. We are often able to assist clients in achieving significant savings by using these structures. The Greenberg Traurig Public Finance Team is also able to draw on the experience, capabilities and resources of the firm’s national network of attorneys and governmental affairs professionals.


 

Services Available

Public Finance Legal Services

  • General obligation and revenue bond financings
  • Bond validation proceedings, including contested proceedings
  • Work with community development districts and special tax districts
  • Short-term financings through revenue, tax and grant anticipation notes
  • Tax-exempt lease, lease-purchase and installment purchase financings
  • Issuers’ presentations to ratings agencies
  • Municipal liability insurance
  • Public-private partnerships
  • Interest rate swaps and other derivatives
  • Multimodal financings
  • Native American tribe financing
  • Community redevelopment or tax increment financing

Project Experience

  • Airports and seaports
  • Capital equipment
  • Correctional facilities
  • Expressways, turnpikes, roads and bridges
  • Hospitals and health care facilities
  • Industrial development
  • Pollution control
  • Public infrastructure for community development
  • Public safety
  • Public transit
  • Redevelopment projects
  • Resource recovery
  • Schools and universities
  • Single-family and multifamily housing
  • Sports, convention and entertainment facilities
  • Student loans
  • Utility and power projects
  • Water management, sewer and solid waste projects
  • 501(c)(3) organizations
  • Native American tribes

Rankings

GT consistently ranks among the top bond, underwriter’s and disclosure counsel firms according to nation-wide and state-wide rankings compiled by The Bond Buyer, a nationally recognized municipal finance publication which is published by Thomson Financial, successor to Securities Data Company. The rankings are based on the aggregate dollar amount of publicly offered long term tax-exempt bond financings, and do not include short-term instruments, private or direct placements or remarketings. Set forth below are the Firm’s national and state rankings:

As bond counsel:

  • No. 15 among the top U.S. bond counsel firms, based upon our having issued approving opinions on $5.7 billion of publicly offered, long-term tax-exempt bonds in 75 financings 
     
  • No. 3 among the top bond counsel firms in Arizona, based upon our having issued approving opinions on $1.5 billion of publicly offered, long-term tax-exempt bonds in 31 issues 
     
  • No. 27 among the top bond counsel firms in California, based upon our having issued approving opinions on $70.2 million of publicly offered, long-term tax-exempt bonds in one issue 
     
  • No. 8 among the top bond counsel firms in Colorado, based upon our having issued approving opinions on $174.1 million of publicly offered, long-term tax-exempt bonds in one issue 
     
  • No. 2 among the top bond counsel firms in Florida, based upon our having issued approving opinions on $3.1 billion of publicly offered, long-term tax-exempt bonds in 28 issues 
     
  • No. 27 among the top bond counsel firms in Illinois, based upon our having issued approving opinions on $29.4 million of publicly offered, long-term tax-exempt bonds in four issues 
     
  • No. 6 among the top bond counsel firms in Massachusetts, based upon our having issued approving opinions on $89.8 million of publicly offered, long-term tax-exempt bonds in three issues 
     
  • No. 24 among the top bond counsel firms in Pennsylvania, based upon our having issued approving opinions on $96.7 million of publicly offered, long-term tax-exempt bonds in one issue 
     
  • No. 9 among the top bond counsel firms in Texas, based upon our having issued approving opinions on $659.2 million of publicly offered, long-term tax-exempt bonds in five issues

As underwriter’s counsel:

  • No. 11 among the top U.S. underwriter’s counsel, based upon our having served as underwriters’ counsel on $5.5 billion of publicly offered, long-term tax-exempt bonds in 106 financings 
     
  • No. 1 among top underwriter’s counsel in Arizona, based upon our having issued approving opinions on $2.3 billion of publicly offered, long-term tax-exempt bonds in 59 issues 
     
  • No. 32 among top underwriter’s counsel in California, based upon our having issued approving opinions on $40.3 million of publicly offered, long-term tax-exempt bonds in one issue 
     
  • No. 12 among top underwriter’s counsel in Colorado, based upon our having issued approving opinions on $145.2 million of publicly offered, long-term tax-exempt bonds in six issues 
     
  • No. 5 among the top underwriter’s counsel in Florida, based upon our having issued approving opinions on $826.2 million of publicly offered, long-term tax-exempt bonds in 13 issues 
     
  • No. 26 among the top underwriter’s counsel in Georgia, based upon our having issued approving opinions on $0.7 million of publicly offered, long-term tax-exempt bonds in one issue 
     
  • No. 24 among the top underwriter’s counsel in Illinois, based upon our having issued approving opinions on $88.5 million of publicly offered, long-term tax-exempt bonds in six issues 
     
  • No. 8 among the top underwriter’s counsel in Massachusetts, based upon our having issued approving opinions on $365.3 million of publicly offered, long-term tax-exempt bonds in two issues 
     
  • No. 14 among the top underwriter’s counsel in Pennsylvania, based upon our having issued approving opinions on $249.2 million of publicly offered, long-term tax-exempt bonds in four issues 
     
  • No. 9 among the top underwriter’s counsel in Texas, based upon our having issued approving opinions on $764.9 million of publicly offered, long-term tax-exempt bonds in four issues

As disclosure counsel:

  • No. 10 among the top U.S. disclosure counsel, based upon our having issued disclosure opinions on $2 billion of publicly offered, long-term tax-exempt bonds in 22 issues 
     
  • No. 3 among the top disclosure counsel in Arizona, based upon our having issued disclosure opinions on $10.5 million of publicly offered, long-term tax-exempt bonds in one issue 
     
  • No. 15 among the top disclosure counsel in Florida, based upon our having issued disclosure opinions on $199.3 million of publicly offered, long-term tax-exempt bonds in 9 issues 
     
  • No. 4 among the top disclosure counsel in Georgia, based upon our having issued disclosure opinions on $113.8 million of publicly offered, long-term tax-exempt bonds in four issues 
     
  • No. 2 among the top disclosure counsel in Massachusetts, based upon our having issued disclosure opinions on $1.2 billion of publicly offered, long-term tax-exempt bonds in five issues 
     
  • No. 4 among the top disclosure counsel in Texas, based upon our having issued disclosure opinions on $563.7 million of publicly offered, long-term tax-exempt bonds in three issues

In addition, GT’s U.S. offices are listed in the most recent edition of  The Bond Buyer’s Municipal Marketplace (also known as “The Redbook”).


 
Group Presentations
  CDFA Sustainable Public Finance Symposium, Matt Lewin Speaker, Washington, District of Columbia, March 5, 2009
 
Past Seminar Materials
  IMN N.E. Public Finance Conference, Bruce Giles-Klein Speaker, Boston, Massachusetts, October 2, 2008
 
 
Articles Authored by Lawyers at this office:

Florida Legislative Alert
Fred W. Baggett, Hayden R. Dempsey, Ronald C. LaFace, Agustin Corbella, Leslie Foy, May 29, 2009
The 2009 Florida Legislative Session culminated on Friday, May 8, after a tumultuous 60-days, plus one-week extension, focused on wrestling with the staggering effects and plan for addressing a historic budget deficit within the state.

Limitations on Executive Compensation Paid by Financial Institutions Receiving TARP Assistance
Carl A. Fornaris, Steven B. Lapidus, April 08, 2009
The Emergency Economic Stabilization Act of 2008 (EESA) contains several important provisions affecting executive compensation.

Charitable Endowments in Difficult Times: How Much Can Be Spent For Current Needs?
Harry J. Friedman, Tracy Green Landauer, March 30, 2009
The past year has seen a staggering drop in the value of stocks and other investments, losses as a result of Madoff-type investments, and decreasing results from fundraising.

H.R.1: American Recovery and Reinvestment Tax Act of 2009 --- A Summary of the Key Bond and Credit Provisions
Michael L. Lehr, Vanessa Albert Lowry, Jessica S. Powers, Timothy D. Wolfe, March 30, 2009
On February 17, 2009, the President signed the American Recovery and Reinvestment Tax Act of 2009 (the "Act") into law.

TALF --- A Win-Win by Offering Asset-Backed Securities Both Additional Funding and Investment Opportunities?
Jonathan I. Lessner, Mark I. Michigan, Michael B. Thimmig, March 16, 2009
On February 10, 2009, the Treasury Department announced an expansion of the Term Asset-Backed Securities Loan Facility (TALF) to provide up to $1 trillion of financing for asset-backed securities (ABS) backed by consumer and small business credits.

FINRA Proposes New Registration Category for Investment Bankers
Wayne M. Lee, March 13, 2009
The Financial Industry Regulatory Authority (FINRA) has proposed a new category of professional personnel for securities firms: Limited Representative-Investment Banking.

H.R.1: American Recovery and Reinvestment Tax Act of 2009 -- A Summary of the Key Bond and Credit Provisions
Michael L. Lehr, Vanessa Albert Lowry, Jessica S. Powers, Timothy D. Wolfe, March 13, 2009
On February 17, 2009, the President signed the American Recovery and Reinvestment Tax Act of 2009 (the "Act") into law.

Restructuring of Applicable High Yield Discount Obligations after Passage of the American Recovery and Reinvestment Act of 2009
Yoram Keinan, Mark H. Leeds, March 13, 2009
President Obama signed the American Recovery and Reinvestment Act of 2009 (the "2009 Tax Act") into law on February 17, 2009.

Sign of the Times: A Focus on Factoring
Jeffrey M. Rosenthal, March 13, 2009
In these times, there is only one major hot topic -- the state of the economy. As a result of hard economic times, factors are finding themselves in great demand, but they are also under greater stress in terms of the quality of their portfolios, workouts and bankruptcy filings.

Non-California Lenders Beware: California Court Decision Extends Reach of Finance Lenders Law
Emily Nyen Chang, Eric V. Rowen, Gil Rudolph, Thomas Jankowski, March 05, 2009
The California Court of Appeals recently issued a decision that could have significant consequences for lenders making loans in California.

The Heartland Data Breach: Proactive Steps to Minimize Your -- and Your Clients' -- Exposure
Thomas M. Laudise, Leonard T. Nuara, Alan N. Sutin, Daniel Feuerstein, March 05, 2009
Heartland Payment Systems, a New Jersey-based payment processing center, recently publicly disclosed that it suffered a massive data breach, potentially exposing large volumes of its clients' credit/debit card transaction data.

Fannie Mae Announces New Condominium Project Requirements and Mandatory Project Review for All New Condominiums in Florida
Gil Rudolph, Daniel P. Wurtenberger, February 26, 2009
The number of delinquent loans secured by residential condominium units is at a historic high, particularly in Florida.

New RESPA Rule Challenged in Court - HUD Delays 'Required Use' Effective Date
Gil Rudolph, Julie Rystad, Thomas Jankowski, February 26, 2009
On November 17, 2008, the U.S. Department of Housing and Urban Development (HUD) adopted a final rule implementing the federal Real Estate Settlement Procedures Act (12 U.S.C. §§ 2601 et seq.), commonly known as RESPA.

SEC Concludes that Fair Value Accounting Not Responsible for Credit Crisis
Douglas C. Atnipp, Fred W. Baggett, Carl A. Fornaris, Nancy A. Mitchell, January 30, 2009
As suggested by Chairman Cox's remarks December, the SEC's report to Congress on the impact of fair value accounting on the banking and lending crisis, released December 30, concluded that the accounting rules did not play a "meaningful role" in bank failures in 2008.

Treasury Releases Troubled Asset Relief Program Report and Emergency Economic Stabilization Report
Douglas C. Atnipp, Fred W. Baggett, Carl A. Fornaris, Nancy A. Mitchell, January 30, 2009
On January 6, the Treasury released its report on TARP activity, pursuant to Section 105(a) of the Emergency Economic Stabilization Act (EESA), covering the 30-day period beginning December 1, 2008, including activities occurring on December 31, 2008.

Real Time Legal, Regulatory & Tax Developments Impacting Hedge Funds, Private Equity & Investments
Sylvie A. Durham, Dmitry G. Ivanov, January 16, 2009
The European Commissioner for Internal Market and Services expressed his belief that private equity funds should not be subject to regulatory corrective measures, despite the recent effort to extend financial regulation to previously unregulated sectors including hedge funds and private equity...

Developers Beware: New RESPA Limitations on Homebuilder Incentives will Require Changes to Procedures and Contracts
Gil Rudolph, Julie Rystad, January 12, 2009
For many years, it has been common for homebuilders and developers of condos and other residential real property to offer incentives to buyers to induce them to use preferred or affiliated title agencies and affiliated mortgage companies.