Practices:

• Compliance and Investigations
• Corporate
• Economic Stimulus
• Environment, Energy & Product Regulation
• Global Infrastructure and Public-Private Partnerships
• Government Contracts
• Intellectual Property and Technology
• International
• Labor and Employment
• Litigation
• Military Bases and Communities
• Political Law
• Public Policy and Regulatory Affairs
• Real Estate
• Supply Chain Management
• Tax

Global Infrastructure and Public-Private Partnerships

Public infrastructure around the world is increasingly being designed, financed, built and managed through public-private partnerships (P3). The McKenna Long & Aldridge LLP (MLA) Global Infrastructure and Public-Private Partnerships team has skillfully negotiated arrangements in a variety of projects and is experienced in working with U.S. state and local governments, as well as the private sector (foreign and domestic) that seek a strategic foothold in the US P3 market. The team includes former high-level members of government, such as former Vermont Governor Howard Dean, former Indianapolis Mayor Stephen Goldsmith, as well as former members of the U.S. Congress, senior Congressional staff members, state assembly members, and senior public agency officials. Our team also includes a founder of the National Council for Public-Private Partnerships and chairs of the public contract finance and the privatization committees of the American Bar Association. This blend of experience coupled with our project finance team offers our clients a unique perspective that is often critical in forming P3 relationships and resolving issues involving government.

We support the initiatives of our clients in the following areas:

• Assessment of P3 opportunities
• Brownfield and greenfield projects
• Clarifying the priorities and goals of federal, state and local governments
• Environmental compliance assessment
• Legislative analysis and reform strategy
• Procurement advocacy, financing and teaming arrangements
• Project delivery methodologies
• Real estate and joint development
• Strategic planning and government outreach

MLA has a deep knowledge and understanding of government at the federal, state and local levels, and uses a wide range of legal, political, government, finance and business planning strategies to offer our clients the benefits of our firm’s daily contact with political leaders, government managers, financial institutions, and corporate leaders, who are spearheading federal and state efforts to implement P3s and enhanced-use leasing programs. Our team addresses issues relating to:

• Social infrastructure — prisons, jails, courthouses, parking meters, public buildings
• Surface transportation — roads, bridges, tunnels; high-occupancy toll (HOT) lanes, rail systems
• Water, wastewater and sewer
• Seaports, harbors and terminals
• Primary, secondary and higher education
• Smart grid
• Information technology and supply chain management
• Military bases and communities
• Sports and entertainment complexes
• Airports and airfields
• Health and hospice care

We provide counsel, due diligence review, and strategic government affairs and business solutions to investors and developers considering participation in the growing P3 sector. Our team employs a full and multidisciplinary range of business planning and finance and government relations tools to successfully create P3 opportunities and profitable partnerships for our diverse client-base consisting of developers, lenders, technology companies, environmental/engineering firms, consultants, construction companies and traditional government contractors.  

Representative Engagements

Military Housing. MLA represents Balfour Beatty Communities (formerly GMH Military Housing) and has assisted with the acquisition, development, management and construction of military family housing, and unaccompanied personnel housing at 44 Army, Navy and Air Force installations.

Enhanced-Use Leasing. Examples of EUL projects MLA has been involved with include:

• Served as underwriter’s counsel in a project requiring over $61 million of Illinois Finance Authority Taxable Revenue Bonds;
• Represented the largest nursing home company in the U.S. in the first EUL project the Department of Veteran’s Affairs (VA) entered into with a for-profit company;
• Represented underwriters in EUL transactions with the VA in construction of office buildings, parking decks, and power generation and co-generation facilities on various VA campuses;
• Represented a limited partnership and its primary partner for private financing, construction and operation of a co-generation facility on the U.S. Army base at Fort Drum, New York; and
• Helped structure the lease of a privately-owned biorepository at Fort Detrick, Maryland.

Ballpark Development. MLA was engaged as one of the principal negotiators for the City of San Diego in the development of a new baseball park for the San Diego Padres. MLA attorneys currently represent National City, California, in its efforts with the City and County of San Diego and the San Diego Unified Port District regarding a public-private partnership for either a new football stadium, or sports arena.

Water Systems. We serve as special assistant attorney general for the State of Georgia in its water allocation negotiations and litigation with the states of Alabama and Florida. Additionally, we represent a major water utility provider in the leasing of public water facilities at Fort Bliss, Texas and Fort Bragg, North Carolina.

Prisons.  MLA served as the primary consultant to the District of Columbia in the leasing of a 1,000-bed correctional treatment facility.

Parking Assets. We served as lead advisor in the leasing of parking meters and enforcement in the District of Columbia, running the competition and deciding upon electronic meters.

Juvenile Detention Facilities.  We implemented a public-private partnership to secure third party capital used to improve the information technology structure of the facility on a lease purchase basis.

Shipping.  On behalf of major U.S. defense contractor, we negotiated “build/lease” and related contracts with the U.S. Navy, Military Sealift Command for five military prepositioning ships.