Economic Development

In our law practice and in our private lives, we have demonstrated our commitment to improving education, bolstering economic development, improving local infrastructure and industry, and enhancing the quality of life throughout our region. This commitment led us to form our Municipal Bond, Economic Development and Public Finance Group, a special practice group, that we call the "Bond Group," to offer professional advice that is timely and sensitive to specific needs and objectives.

We are committed to using the highest professional and ethical standards and a positive approach aimed at accomplishing each client's goals. We pride ourselves in providing legal services that meet these standards in all economic development, municipal bond and public finance matters by listening carefully to our clients' expectations in assessing project objectives and alternatives, and by working with our clients and the other professional and financial advisors involved in the project to develop an efficient, goal-oriented financial plan.

Our team approach emphasizes diligent and practical advice and recognizes that today's economic development and public finance clients often face difficult problems in areas outside traditional bond and development law. These areas include:

  • Regulation of nonprofit and charitable organizations
  • Ethics Act compliance
  • Federal/State securities law compliance
  • Federal/State fiscal and funding issues
  • Federal/State tax concerns
  • Board liability and protection
  • Environmental regulation
  • State administrative law and procedure

Our team is staffed with experienced attorneys who emphasize municipal bond, economic development and finance law in their practices and who collectively have more than 30 years of experience in these areas and the related field of securities law. Our group also includes attorneys who have additional experience and advanced degrees in taxation, and we call upon the resources of 110 attorneys in our seven offices as needed.

With substantial experience in all phases of economic development, municipal bonds and public finance, we have worked as Bond Counsel in both tax-exempt and taxable bond issues. Our work has also included finance work in the following capacities:

  • Issuer's Counsel (protecting and advancing the interests of the state, county, regional or city body financing or supporting a given project; advising government officials concerning Ethics Act compliance and other matters of concern to governing boards or councils).
  • Underwriter's Counsel (assisting underwriters in such matters as structuring the financing; carrying out "due diligence" investigations; preparing necessary disclosure documents; handling "Blue Sky" and federal securities law compliance matters).
  • Trustee's Counsel (advising bond trustees concerning trust indentures for bonds or other obligations, the "Flow of Funds," as well as collateral and security issues under the indentures and their duties and liabilities thereunder).
  • Counsel to Institutional Purchasers and Credit Enhancement Providers (advising banks and other institutions in connection with purchasing municipal bonds, issuing letters of credit to support a financing, or otherwise providing project financing).

Additionally, we have worked with two West Virginia authorities (Hospital Finance Authority and Parkways, Economic Development and Tourism Authority) in successfully establishing the initial bonding programs under their enabling legislation. Our experience has also covered a wide variety of financing structures that range from traditional bonds to more complex Certificates of Participation ("COPs") finances and sales-leaseback transactions including leveraged leasing programs.

Our extensive experience in West Virginia and surrounding states offers our clients a working knowledge of the various elements involved in bond issues and financial transactions, and our technology enables us to efficiently and effectively serve our clients from locations throughout the region.

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