Public Finance

Whether you are a governmental entity, non-profit or corporate entity seeking tax-exempt financing or related hedge agreements, you need the informed advice from a dedicated, seasoned legal team. The Public Finance Team at Holland & Knight has a diverse group of experienced practitioners that can adeptly manage:

• the full range of project finance-related matters, including tax and security law issues and financial structuring for optimal results; and
• the structuring, negotiating and documenting of derivative products.

Counsel for Any Bond-Related Matter By State, County and Local Bond Issuers

Decades of participating in all aspects of public finance issues, including serving as bond counsel, underwriter's counsel, disclosure counsel, issuer's counsel and derivatives counsel, has equipped the Holland & Knight Public Finance Team to handle a variety of interests surrounding public finance law and the full range of municipal finance transactions.

More than 35 Firm attorneys across the U.S. devote all or a substantial portion of their time to bond-related matters. They have participated in the financing of more than $22.1 billion in principal amount of debt during the past five years in connection with virtually every type of governmental issue, including:

• capital improvements for governmental infrastructure including gas, water, sewer, electric, roads, schools, public buildings and parking, airport and port projects, and jails
• development/redevelopment, including TIF financings for cities, counties and community development districts
• gas tax, excise tax, and sales tax financings
• general obligation
• health care facilities (hospitals and medical centers)
• higher education financings
• housing
• industrial development, pollution control, solid waste and special taxing district financings
• lease revenue (both bonds and certificates of participation)
• other post employment benefits (OPEB)/pension obligations
• special assessment
• sports stadiums
• tax and revenue anticipation

Broad Capability Related to Derivative Products

Governmental issuers and conduit borrowers, as well as corporate clients involved in structuring, negotiating and documenting a wide range of derivative products, have come to rely upon Holland & Knight. Proactive representation means counterparties to these products are advised of risk factors and potentially unexpected consequences of derivative products and have benefited greatly from Holland & Knight's negotiation of complex ISDA documents so that risks are reduced or minimized.

Reflecting the needs of our clients, Holland & Knight lawyers:

• work with derivative products in other public finance scenarios, including the use of derivatives as interest rate hedges, credit enhancement or liquidity facility alternatives; and
• represent government affiliated utilities with respect to commodity swaps, options and traditional or prepaid forward agreements to manage the price risk of coal, natural gas and other inputs or outputs.

Holland & Knight attorneys have participated in more than 330 swaps/derivatives transactions for a notional amount (excluding commodity derivatives) of more than $7.6 billion during the past five years.

Tax Lawyers Are Integrated Team Members Who Efficiently Protect Your Interests

Four attorneys in the Firm’s Tax Group are members of the Public Finance area of the Financial Services Group and participate in the tax structuring of bond issues on a daily basis. Our integrated Public Finance Team provides innovative techniques and structures to achieve desired results while meeting tax law requirements relating to tax-exempt financing. With the concentration of our public finance tax lawyers located in Washington, D.C., our Public Finance Team has the geographic platform and capability to better serve you.

Direct Industry Experience Informs Our Counsel

Prior to entering private practice, members of our Public Finance Team held significant positions at the Internal Revenue Service, where they worked on many important rulings related to tax-exempt and public finance, and served in the Office of Chief Counsel; as Branch Chief in the IRS Office of the Assistant Commissioner (Technical); as Assistant Branch Chief; and in the Financial Institutions and Products Division of the IRS’ Office of Chief Counsel.