Public Finance

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Stephen Edds

Baker Donelson's Public Finance practice is national in scope and includes attorneys who are recognized by Best Lawyers in America® in the area of Public Finance Law. Over the past three years, the Firm's lawyers have been involved in the issuance of over $2 billion in long term municipal debt.

Our lawyers have served as bond counsel, underwriter's counsel, issuer's counsel, trustee's counsel, bond insurer's counsel and credit enhancer's counsel in virtually every area of both tax exempt and taxable public finance in the states of Alabama, Arizona, California, Colorado, Florida, Georgia, Kansas, Illinois, Iowa, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Nevada, New Mexico, Pennsylvania, South Carolina, Tennessee, Texas and Virginia.

The Firm's Public Finance lawyers have advised governmental issuers and underwriters in all phases of both general obligation and revenue bond financings, and both current and advance refundings. We have assisted in the financing of:

  • Water and sewer systems; 
  • Port and airport facilities; 
  • Multi-family and single family housing; 
  • Hospital and health care equipment and facilities; 
  • Economic and community development; 
  • Tourism projects; 
  • Higher education facilities; 
  • Capital improvements, and 
  • Tax-exempt leasing pool programs.

Many of these financings have been structured as floating or variable rate put transactions involving credit enhancement. The Firm has also developed alternative financing structures such as real estate and equipment certificates of participation and lease-purchase financings, and complex pooled security programs.

The Public Finance Group is experienced in tax matters related to Section 103 of the Internal Revenue Code of 1986, as amended, and the Treasury regulations and rulings related thereto. In all types of traditional municipal and private activity financings, Baker Donelson's lawyers have been responsible, as bond counsel, for the tax analysis regarding compliance with the arbitrage and arbitrage rebate rules.

Our lawyers have conducted or participated in numerous bond validation proceedings. The Firm's litigation practice group provides advice and support in the event of a contested validation proceeding. The Firm's public finance lawyers have also represented trustees, bondholders and issuers in default situations.