Public and Private Joint Ventures

One of our most challenging areas of practice is helping to forge durable partnerships between the private and public sectors in connection with important community projects. From convention centers to sports facilities to performing arts theatres and entertainment districts, these projects require us to pull disparate elements together into a cohesive project.

We determine the legal limits on the authority of the public partners to pursue the project, and assist them in obtaining any necessary approvals, including in some cases voter approval.

We assist in planning and implementing what is typically a complex and intertwined financing package, and interact with counsel for the multiple financing entities to ensure that they are as creative and flexible as possible in structuring the package in a prompt and cost-effective manner.

We focus on the unusual real estate acquisition, zoning, land use and environmental issues that these projects frequently raise.

We help in structuring the transaction to satisfy other applicable requirements such as competitive bidding and IRS "private use" rules that apply to facilities financed with tax-exempt bonds.

In the early stages, any public/private joint venture is a delicate balance. The public relations issues are typically as important as the legal ones. Our lawyers who regularly work on these projects combine knowledge from various fields - such as municipal law, real estate law, corporate law and tax laws governing both nonprofit and for profit organizations - with experience in dealing with the complex dynamics of these arrangements. We attempt to perform our duties with minimum visibility and maximum effectiveness.