Overview
With over 35 years of public finance experience, Foster Swift attorneys have represented cities, townships, counties and other public entities in 19 states and Puerto Rico. We have assisted municipal bond issuers, underwriters, remarketing and placement agents, conduit borrowers, credit providers, banks and trustees in significant tax-exempt and taxable bond and note financings and refundings. Our broad expertise in this complex area of law allows Foster Swift attorneys assist in an array of projects, including:
- Public buildings and infrastructure
- Parking facilities
- Sewer and water systems
- Highways and toll roads
- Solid waste disposal facilities
- Libraries
- Museums
- Convention centers and hotels
- Schools, charter schools and universities
- Stadiums
- Hospital, health care and congregate care facilities
- Multifamily and single family housing
- Manufacturing facilities
- Tax-exempt computer and equipment leases
- Pooled cash deficit fundings
The experience of Foster Swift attorneys covers the full public finance spectrum, including service as:
- Bond Counsel or Issuer’s Counsel to cities, townships, counties and other state and local issuers of tax-exempt and taxable municipal bonds and notes
- Bond Counsel for tax-exempt installment purchase contracts, lease-purchase agreements and equipment leases
- Underwriters’ Counsel for public offerings and negotiated purchases of municipal bonds and notes of state agencies, municipalities, school districts, colleges and public instrumentalities
- Placement Agent's Counsel for private placements of municipal bonds and notes
- Disclosure Counsel to issuers, conduit borrowers and underwriters
- Structuring and underwriters' counsel for pension and OPEB
- Counsel to Bond Trustees as fiduciary representatives of bondholders, as the mortgagee or secured party on bondholders’ behalf, as bond registrar, transfer agent and paying agent, and as a central participant in workouts and restructurings of defaulted bonds
- Counsel to banks and financial institutions in connection with their purchases or credit enhancements of municipal bonds and their workouts or restructurings of defaulted bonds
- Counsel to corporate, 501(c)(3) and other borrowers of the proceeds of municipal bonds to finance or refinance projects or to refund prior bonds
Special additional services include:
- Advising on and drafting ballot questions, resolutions and public notices
- Creating tax increment financing authorities, community development districts, economic development corporations, downtown development authorities, municipal building authorities, Brownfield redevelopment authorities, and housing and hospital finance authorities
- Counseling municipalities on ancillary issues such as special assessment proceedings and interpretation of statutory provisions
- Drafting enabling legislation and ordinances and amendments to statutes and ordinances
