Project & Infrastructure Finance

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

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Diversity

At Greenberg Traurig, we are committed to diversity and inclusion in the workplace. The individual attorneys at Greenberg Traurig are committed to nurturing diversity throughout the firm and creating an environment where differences are embraced and utilized creatively.

For us, diversity is about taking action - opening doors for lawyers.

That commitment is reflected by the fact that overall, 40 percent of Greenberg Traurig's attorneys worldwide are women or minorities as defined by the American Bar Association. As of Dec. 31, 2014, our U.S. employees, including attorneys and staff, who met the definition of minority persons reflected a total of 29 percent of our employment base. Approximately 32 percent of our U.S. attorneys and 52 percent of our U.S. employees are women.

Greenberg Traurig's commitment to diversity and inclusion goes beyond any single committee. Committees cannot nurture; they cannot mentor; they cannot create an environment where differences are embraced and utilized creatively. Committees do not lead. Our diverse attorneys however, can and do.


* We welcome and reflect the communities we represent better than any other major law firm in our markets.

* We do not simply rely on a "committee" to achieve this.

* We do so through a commitment to providing a fair opportunity for each of us to reach our full potential.

* We have the personal dedication of many at Greenberg Traurig who identify and bring into our firm this very special diversity.

* The Minority Law Journal 2014 Diversity Scorecard has recognized us as follows:
o No. 1 Ranking, African American Partners
o No. 1 Ranking, Hispanic American Non-Partners
o No. 2 Ranking, Hispanic American Partners


* The National Law Journal has previously recognized our attorneys as among:
o No. 2 Ranking, Female Partner Numbers, Female Scorecard (2013)
o "The 50 Most Influential Minority Lawyers in America" (Three) (2008)
o "The 50 Most Influential Women Attorneys" (Two) (2007)
o "The 100 Most Influential Attorneys in America"
(Two diverse attorneys; three total) (2006)


Diversity in Action: Fostering Diversity in the Profession and Preserving the Pipeline

Greenberg Traurig's Diversity Leadership Community has initiatives that focus on fostering an environment within the firm that supports and encourages diversity and inclusion, and increasing diversity in the profession by increasing access to a legal education for minority students. Helping today's law students and lawyers become tomorrow's business and legal leaders means a larger, more diverse marketplace and a greater pool of talented professionals. And that means more business opportunities for everyone - our firm, our colleagues and, most importantly, our clients.
 
In this way, our approach to diversity and inclusion mandates a high-level of personal responsibility with regard to the recruitment and retention of diverse attorneys. Attorneys in recruiting, hiring and supervisory roles are continuously made aware of the progress of our efforts. Our personal approach to diversity and inclusion means that Greenberg Traurig lawyers are active at their alma maters and at law schools local to their offices, participating in such programs as career panels; "Meet the Employer" days; and mock interviews, among others.

It has been, and continues to be, our goal to create a well-balanced workforce that contains a significant presence of minorities and women.

Greenberg Traurig creates and supports partner programs with women, minority, gay/lesbian or disability-focused bar associations. We attend and sponsor events at these organizations regularly throughout the United States. The firm works closely with national and local minority bars to address the fostering of diversity and inclusion in the profession on many levels. We support the work of several organizations, including MCCA, NAPABA, NASABA, NBA, NLGBTBA, HRC, HNBA and others.

Additionally, we provide funding through the Holly Skolnick Greenberg Traurig Fellowship Foundation for lawyers and law students to work with public interest groups. Through the Foundation, Greenberg Traurig serves as the largest sponsor of Equal Justice Works Fellowships in the United States and has invested approximately $8 million to support, in whole or in part, almost 127 Equal Justice Works Fellows since 1999.

We invite clients to join us as we work towards:

* Cultivating strategic partnerships with clients and potential clients to leverage our diversity platform to create and deepen relationships and cultivate business opportunities.

* Encouraging our lawyers to facilitate opportunities for our diverse and women lawyers to develop relationships with clients before and after new matters are received.

* Broadening the pipeline of diverse attorneys by expanding relationships with minority bar associations and other legal diversity organizations through our combined support of these networks.

* Focusing on strengthening mentoring programs for female and diverse attorneys at every level.

* Instituting a program that provides a variety of mentoring, rainmaking and training opportunities that can be accessed by a wide range of diverse attorneys across a variety of underserved communities.

* Engaging our Affinity Groups and their allies as a forum for professional development and business development opportunities, as well as for recruiting and retention assistance and as a social exchange to promote inclusion.

Diversity in Action: Employee Resource Networks

Greenberg Traurig's Employee Resource Networks (Affinity Groups) have the goal of addressing the needs of our attorneys and professionals who are diverse. We support Affinity Groups for our attorneys who are African American, Asian American, Hispanic American, LGBT and women, and we continue to gauge opportunities to expand those groups as our needs and demographics dictate.

The firm's Affinity Groups are as follows:

* African American Affinity Group

* Asian Pacific American Affinity Group

* Hispanic American Affinity Group

* Lesbian, Gay, Bisexual and Transgender (LGBT) Affinity Group

* South Asian American Affinity Group

* Women's Initiative

Our goals include:

* Mentoring of junior attorneys within the specific group;

* Recruitment and retention of diverse attorneys;

* Active participation in organizations addressing specific groups; and

* Serving as a forum for group members to discuss and explore issues and opportunities that will add value to client relationships.

Women's Initiative

As an example of our approach, Greenberg Traurig's firm-wide Women's Initiative focuses on retaining and supporting women attorneys through professional development and work/life balance initiatives, as well as through business development training programs and networking opportunities.

We work with like-minded organizations to address these issues on a broader scale in a variety of industries and communities.

Our program targets:

* Attracting and retaining talented women attorneys.

* Supporting business development for women attorneys.

* Serving as industry leaders.

* Impacting the community through leadership and service.

* Maintaining a culture that benefits women attorneys.

Diversity in Action: Suppliers

Greenberg Traurig is committed to the development of Disadvantaged Business Enterprises and Small Business Enterprises (DBE & SBE) suppliers.

As such:

* All business concerns, large and small, majority- or minority-owned, are afforded an equal opportunity to compete.

* A national director of procurement within the firm supports this practice.

* We are committed to diversity with respect to our vendors and suppliers.

* We are amenable to using diverse vendors and suppliers recommended by clients.

Diversity from the Top Down

Cesar L. Alvarez, Co-Chair of Greenberg Traurig, leads our diversity efforts. This is a matter of personal responsibility for him, having entered the U.S. as an immigrant with humble beginnings.

He has previously been honored as follows:

* "Lifetime Achievement Award," Hispanic National Bar Foundation

* "100 Most Influential Lawyers in America," The National Law Journal

* "50 Most Influential Minority Lawyers in America," The National Law Journal

* "Top Most Powerful Hispanics," The Black Book of Poder

* "25 Best Latinos in Business," Hispanic Magazine, The Power Issue

* "President's Award of Merit for Diversity Efforts," The Florida Bar

* "Spirit of Excellence Award," ABA Commission on Racial and Ethnic Diversity in the Profession

* "Lifetime Achievement Award," Chambers USA Awards for Excellence

* "CEO of the Year" award, Multicultural Law Magazine

* "Attorney of the Year Award," Hispanic National Bar Association

 

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