Lucosky Brookman LLP Lucosky Brookman LLP

Public Finance

Public Finance

Public finance lies at the heart of highly visible improvements to our nation’s 

Infrastructure, including but not limited to states, cities, counties, state agencies, city agencies, special districts, colleges and universities, hospitals, public utilities,  affordable housing, public and private schools, bridges,  and transportation projects across multiple industries. At Lucosky Brookman LLP, we have a deep commitment to the field of public finance and a proven track record of providing exceptional legal services in this complex area of law. 

Our Experience and Expertise

Our public finance attorneys bring extensive experience and expertise to the table. We have a thorough understanding of the intricate legal and regulatory frameworks that govern public finance transactions. Whether serving as bond counsel, underwriter’s counsel, disclosure counsel, issuer’s counsel, letter-of-credit bank or other credit enhancement provider’s counsel, counsel for for-profit and nonprofit conduit borrowers, or corporate and individual trustee’s counsel, our team has the comprehensive skillsets necessary to handle all facets of public finance transactions.

We have successfully represented clients across a wide range of public finance transactions, including traditional and more innovative taxable and tax exempt bond issuances, infrastructure financing, creative municipal finance structures, tax-advantaged financing, and securities law, internal revenue service and treasury compliance. Our attorneys have the knowledge and practical experience to draft and negotiate key financing documents, analyze tax implications, to provide tax advice, navigate regulatory requirements, and coordinate and deliver smooth closings. We understand the complexities involved and the need for tailored legal solutions that meet our clients' unique needs. No matter what role our client plays in the financing, we have the expertise to advise that client on the issues that are important to that role.

Comprehensive Legal Services

At Lucosky Brookman LLP, we provide comprehensive legal services to guide clients through the intricacies of public finance transactions. Our attorneys are skilled in drafting and reviewing approving resolutions, indentures, official statements, and other disclosure documents. We have a thorough understanding of federal and state tax issues and work closely with clients to ensure compliance and maximize tax benefits. We also negotiate with credit enhancement providers and bond insurers to secure favorable terms for our clients.

In an environment of increased scrutiny by regulatory agencies, such as the Internal Revenue Service and the Securities and Exchange Commission, our public finance attorneys are adept at helping clients navigate complex disclosure and tax issues. We stay current with evolving regulations and industry best practices, allowing us to provide our clients with practical and effective legal solutions.

  • Bond Issuances and Offerings: Our attorneys have extensive experience in advising both issuers and underwriters on various types of bond issuances and offerings. We assist clients in navigating the complexities of debt securities, ensuring compliance with regulatory requirements and maximizing financing opportunities. Whether our clients are looking to issue long term bonds, revenue bonds, short term notes, warrants, or other types of debt instruments, we provide strategic guidance throughout the entire process.
  • Municipal Finance: Lucosky Brookman LLP provides comprehensive legal services to municipalities and other governmental entities in structuring and executing municipal finance transactions. We have a deep understanding of the unique challenges and regulatory framework governing municipal finance. Our team advises clients on tax-exempt bonds, revenue bonds, special district financings, and other municipal financing options. We document unique structures that investment banks and financial advisors create to issue debt. We assist our clients in developing innovative financing structures that meet their specific needs while ensuring compliance with applicable laws and regulations.
  • Infrastructure Financing: We have a strong track record in assisting clients with infrastructure financing projects. Our team works closely with developers, public agencies, financial advisors, underwriters, and other stakeholders to structure and negotiate financing solutions for infrastructure development. We provide counsel on a wide range of infrastructure projects, including transportation systems, utilities, renewable energy initiatives, and public-private partnerships. Our attorneys understand the complex funding mechanisms involved in infrastructure projects and help our clients navigate the legal and regulatory landscape to achieve their financing goals.
  • Tax-Advantaged Financing: Lucosky Brookman LLP offers expertise in tax-advantaged financing options, including tax-exempt bonds, tax increment financing, opportunity zones, and tax credits. We work with our Tax lawyers to assist clients in identifying and utilizing various tax incentives to optimize their financing structures. Our team stays current with changes in tax laws and regulations, ensuring our clients benefit from the most advantageous tax strategies available. We work closely with clients to design tax-efficient financing solutions that align with their business objectives.
  • Securities Law Compliance: Our attorneys provide valuable counsel on securities law compliance in public finance transactions. We understand the importance of maintaining compliance with federal and state securities regulations. Our team assists clients in navigating the complex regulatory landscape and ensures that all offerings and securities transactions adhere to applicable securities laws. We help clients prepare offering documents, conduct due diligence, provide appropriate disclosure, and navigate the regulatory approval process, providing comprehensive support throughout the transaction.
  • Extensive Experience: Lucosky Brookman LLP has a strong reputation and a proven track record in the field of public finance. Our attorneys bring a wealth of experience, having advised clients on numerous successful transactions.
  • Comprehensive Skillsets: Our team of public finance attorneys possesses in-depth knowledge and expertise across various practice areas within public finance. We have the capabilities to handle complex financing structures, address legal challenges, and provide strategic guidance to our clients.
  • Industry Knowledge: We stay at the forefront of the public finance industry, continuously monitoring changes in laws, regulations, and market trends. Our attorneys leverage their industry knowledge to provide our clients with up-to-date advice and insights.
  • Client-Focused Approach: We prioritize our clients' needs and objectives. Our attorneys take the time to understand our clients' businesses, financial goals, and industry dynamics. This allows us to provide tailored legal solutions that align with our clients' strategic vision. Our attorneys work across departments, practice groups and offices to support our clients nationwide.

Representative clients and transactions that the Firm's attorneys have counseled include:

  • Served as bond and disclosure counsel for a utility in several bond issuances and drafted their new indenture for their bond program Counsel to a public utility company in several financings, including a cross-border lease transaction and a securitization transaction. The securitization was a first to use utility payments.
  • Served as general counsel to a non-profit company in the area of corporate governance and transactions.
  • Served as Bond counsel to various non-profits and churches in financings for new facilities.
  • Served as Trustee's counsel to several corporate trustees in public finance transactions. 
  • Performed divestiture transactions for clients in the energy field dealing with wind power facilities and gas and electric facilities.
  • Served as counsel to Fortune 500 companies in the areas of records management and international shipping contracts.
  • Served as Bond counsel and special counsel for international logistics companies in physical plant expansion projects in Kentucky.
  • Underwriters' counsel to international investment banking firm in Louisville Arena project transactions.
  • Served as Lender’s Counsel to Fortune 500 company in its affordable housing equity loan and grant program. 
  • Served as Special Counsel to north eastern Housing Finance Agency in its FFB/Risk Share bond program.
  • Served as Bond, Underwriter’s , Special counsel to north eastern Housing Finance Agency in its multi-family housing and single family bond programs.
  • Served as Bond and Underwriter’s counsel to medical care facilities in their tax exempt and taxable bond programs.
  • Served as Bond Counsel to water and sewer utility entities in their taxable and tax exempt bond programs.
  • Served as Disclosure and Underwriter’s counsel to Independent and Christian Schools in their facilities financing programs. 
  • Served as Bond and Underwriter’s counsel to several gas and electric utilities in New York state. 
  • Served as Bond and Underwriter’s counsel to Housing Corporation in southern state. 
  • Served as Bond Counsel to major metropolitan municipalities in their bond programs.