Practice Areas & Industries: Husch Blackwell LLP

 





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Practice/Industry Group Overview

We advise several types of clients, both public and private, in connection with all aspects of public financing, including municipalities and local governments, school districts, private developers and business. We have served as bond counsel and represented issuers, underwriters, financial advisors, trustees, bond purchasers and non-governmental borrowers in private activity bond transactions and credit enhancers in numerous public finance transactions.

We manage financings ranging in size from hundreds of millions of dollars for large projects to a few hundred thousand dollars for small public clients. Following are examples of the types of public finance transactions with which we are experienced:

  • General obligation bond issues
  • Governmental revenue bond issues
  • Private activity bond issues for manufacturing facilities
  • Private activity bond issues for exempt facilities
  • Lease/purchase financings, including certificates of participation
  • Tax Increment Financings (TIF)
  • Taxable industrial revenue bond financings
  • Current refundings
  • Advance refundings

Expertise

Our Public Finance practice covers the many, frequently very complicated, legal and tax issues related to governmental powers and approvals in public finance. Often issues involve questions of law that are not clearly settled by constitutional or statutory law or by court decisions. Our attorneys have a solid understanding of all facets of municipal law and routinely advise clients in matters relating to public legislation and regulations, zoning, subdivision and redevelopment matters, Tax Increment Financing, annexation, public financing, economic development, public contracts, and tax matters. Through organizations such as the National Association of Bond Lawyers, we stay current on regulatory developments and financing practices.

In addition, use of Tax Increment Financing, Transportation Development Districts, Community Improvement Districts and similar legislative initiatives requires the negotiation and drafting of sophisticated agreements which implement and guide the public-private partnership. We have been active for years in drafting and negotiating such agreements on behalf of both private sector and governmental clients. Our public finance attorneys have both the skill and the experience to resolve important issues, including:

  • Federal and state tax-exempt status of interest on the bonds (including arbitrage and rebate considerations)
  • Compliance with state and local open meeting, notice and other requirements for taking public action
  • State constitutional and statutory law regarding elections, public notice and other requirements
  • Good title to real and personal property and valid security interests therein
  • Federal and state securities laws disclosure

In addition, because we work extensively with local governments in matters such as zoning, subdivision, site plan approval and allocation of various historic and other tax credits, we deal on a daily basis with local governments' elected and appointed officials.