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Public Finance and Economic Development

Legal Practice

2023 Best Law Firms - Rochester Tier Public Finance Law
2023 Best Law Firms - Economic Development Badge
Economic Development Handbook
  • IDA Legislative Update – New Laws Affecting Industrial Development Agencies and Authorities Adopted
  • Blue Sky Laws: In New York, The Issue is Real Estate
  • Partner Jon Ballan Moderates Panel at 2023 Bond Buyer National Outlook Conference
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Harris Beach represents every major New York state agency and represents or works with more local development agencies in the State than any other law firm. As bond counsel, we represent more than 90 municipalities, school districts and special improvement districts and we represent the leading underwriters as underwriting counsel on major state and local bond transactions. Our economic development practice handles showcase projects statewide, represents more than two dozen Industrial Development Agencies, over thirty local development corporations, and has distinguished itself by delivering creative and unique solutions which unite the related private and public sector parties necessary to propel large development projects forward and help ensure their successful completion.

The firm has significant experience with public benefit corporations developing urban areas through the use of IDAs, urban renewal agencies, condemnation, annexation, increment financing and programs. When business and community leaders think economic development, they call Harris Beach. We wrote the book – no really. Check out our Economic Development Handbook, published annually since 1996, here.

We keep clients current with the requirements of frequently-changing legislation, such as helping state and local authorities comply with the Public Authorities Accountability Act of 2005 and the Public Authorities Reform Act of 2009. Our attorneys handle transactions involving FHA-insured mortgage revenue bonds, letter of credit secured financings, bond insured financings and unrated issues. We handle projects financed through a number of state agencies, such as the Dormitory Authority of New York State, the New York State Housing Finance Agency, Empire State Development, the New York State Thruway Authority and others; projects financed through local industrial development agencies, local development corporations and housing authorities. We work closely with clients on all aspects of their business finances and legal planning.

We engage in all aspects of a project, from local land use approvals, local incentives, state incentives like the BCP, and federal programs like New Market Tax Credits and financings relying on federal and state energy programs.

Appropriation-Backed Financings

Firm attorneys have considerable experience in appropriation-backed financings having served as bond counsel, special tax counsel or underwriters’ counsel on more than 180 financing transactions involving approximately $29 billion. The financings have been undertaken to construct or reconstruct park facilities, construct and repair highways and to advance refund prior bond issues, construct parking facilities, fund new hospital construction and advance refund prior bond issues, construct homeless housing, construct state and local correctional facilities, fund the construction and renovation of dormitory facilities for the State University System, fund the acquisition of equipment and realty by various departments of state government, and fund the construction of school facilities.

Blue Sky Surveys for Municipal Bond Financings

Law firms and underwriters across the country count on our proven analytical process and extensive securities law knowledge to relieve the burden of examining and preparing blue sky surveys.

Harris Beach has developed an efficient and cost-effective method of completing blue sky surveys for law firms and underwriters involved in municipal bond financings. With a broad focus on both federal and state law, we examine securities laws and regulations in all states and territories into which securities are proposed to be sold to the public, brokers and dealers, and financial institutions. Because keeping up with changes to blue sky laws can be burdensome, and legal analysis complex, our preparation of blue sky surveys can take this task off attorneys’ plates.

Our services include:

  • Prepare both preliminary and final blue sky surveys
  • Advise on all jurisdictions, whether or not qualification is requested/required
  • Monitor updates from the Blue Sky Law Reporter
  • Provide guidance on federal securities law and blue sky laws, including the National Securities Markets Improvement Act of 1996, to minimize state enforcement action

Derivative Products/Swaps and Non-Fixed Rate Debt

In its role as bond counsel, firm attorneys have been asked to pass upon state law and tax issues with respect to the ability of issuers to utilize derivative products and to otherwise invest in investments which are not strictly identified in any applicable list of permitted investments, and, in its role as underwriters’ counsel, to address various disclosure issues with respect to the use of derivative products in connection with a particular financing. Advice was provided on numerous innovative financings and is continually involved in the analysis of progressive financing structures, including issues relating to integrating swaps after LIBOR transition. These structures include fixed rate bonds synthetically divided into lower floaters and residual interest pieces, total return swaps, hedges and caps, swaps, and in the past the use of floating rate debt in advance refundings. In addition, we have been involved in forward transactions and “Cinderella Bonds” since bonds cannot presently be advance refunded. The firm has extensive experience with floating rate debt, taxable debt, concurrent, multiple series of bonds with different structural characteristics and combinations of all the foregoing.

Disclosure

Harris Beach attorneys have extensive experience with disclosure matters in their various capacities as special disclosure counsel, underwriter’s counsel and bond counsel on tax-exempt and taxable bond issues undertaken by the State of New York and its financing authorities, local governments and their authorities and local development corporations. The firm is on retainer to the New York State Division of the Budget (DOB) as Public Finance and Disclosure Counsel and provides advice to DOB on a wide range of state law and federal securities law issues as well as general disclosure matters, including the implementation and compliance with the state’s annual secondary market disclosure obligations. Harris Beach also provides disclosure counsel services to the New York State Office of the Attorney General (OAG) in connection with the issuance of tax-exempt and taxable new money and refunding bonds, including the first taxable, competitively offered Build America Bonds issued in the State. In its Disclosure Counsel capacity, firm attorneys play a leading role with respect to (i) the content of official statements used for the offering of State general obligation bonds, and (ii) continuing disclosure matters. In addition, members of the firm served as special disclosure counsel to the underwriters in connection with general obligation bonds issued by the State of Connecticut and the State of Louisiana.

Educational Facilities

We regularly serve as bond counsel and underwriters counsel on financings for colleges, private not-for-profit schools, library systems, and educational facilities for developmentally disabled children. These financings are often secured by state, local school district, or other third-party reimbursement revenue streams.

Environmental, Social and Governance (ESG)

Our attorneys support clients with cross-functional teams dedicated to integrating aspects of ESG into core business strategies, governance, and risk-management. In addition to helping our clients understand, prepare for, and comply with emerging regulations, we also help our clients realize the benefits created in the marketplace by a bespoke approach to ESG.

Financing Opportunities For Renewable Energy In New York State

Meeting clean energy standards, decreasing reliance on fossil fuels and diversifying energy supply continue to drive demand for renewable energy in New York state. These projects represent significant financial investments by those developing the sites and the communities supporting the ventures. Harris Beach is a leader in representing and addressing the concerns of IDAs, municipalities, and real estate and project developers with renewable energy ventures.

Gaming

Our team has been involved for 30 years in the evolution of gaming in New York. Our attorneys have a notable range and depth of experience with both the gaming borrowers and lenders who provide financing in the gaming space; as well as OTB operators, Indian Nation operators, and new casinos in New York state. Our public finance attorneys have been involved in financings for Del Lago Resort and Casino; acquisitions and financing and state compact work for the Seneca Gaming Corporation; the tax-exempt bond financing and taxable financings for the Seneca Nation of Indians; Delaware North transactions and financings; Yonkers raceway transaction from initial VLT development through current ownership and financings; multiple casino structures and attempted financings in Sullivan County and the construction and current financing at Resorts World Catskill; the recently completed financing for Suffolk Regional OTB; and the recently completed tax-exempt borrowing by Western Regional OTB.

Hospitals, Nursing Homes and Health-Related and Independent Living Facilities

Our attorneys have extensive experience in all types of health care and health-related facility financings, from hospitals and nursing homes to a variety of senior living facilities, including lifecare and other continuing care retirement communities, independent living facilities, assisted living facilities and adult homes. In addition, the attorneys in the firm’s health services practice represent a broad cross-section of health care providers throughout the state on corporate, regulatory and tax matters.

Housing

Our attorneys have extensive experience in single- and multi-family housing, tax credit and subsidy programs for low and moderate income residential retail projects, including financings through the Dormitory Authority of the State of New York, the New York State Housing Finance Agency, the New York City Housing Development Corporation and local housing authorities, industrial development agencies and local development corporations.

Industrial Development and Exempt Facility Financings

Harris Beach attorneys utilize a variety of economic development tools to the maximum extent in bringing multiple programs and related experiences to projects identified by our IDA clients, including Brownfield Redevelopment Tax Credits, New Markets Tax Credits, economic development through condemnation, PILOT Increment and Tax Increment financings, HUD 108 Loans and BEDI Grants, and many other areas that are often overlooked or not fully understood.

Our attorneys handle all types of small issue manufacturing facility financings and exempt facility financings, including solid and hazardous waste disposal facilities, public dock and wharf facilities, airport facilities, and sewage facilities. Harris Beach serves as agency counsel, developer counsel or transactional counsel in all types of economic development projects and has relationships in every county in New York State. In these capacities, we have significant experience in all types of Industrial Development Agency (IDA) sale/leaseback transactions.

LIBOR Phase Out

With the oncoming phase out of the publication of the U.S. dollar London Interbank Offered Rate (“LIBOR”), firm attorneys have advised a broad range of interested parties on the impact of this titanic shift in variable rate financings. As bond counsel, firm attorneys have been asked to review the impact of amendments to the benchmark interest rate index on legacy LIBOR tax-exempt financings as well as the use of LIBOR and ARRC fallback provisions for new financings closing prior to the final publishing date of June 30, 2023 for the most common LIBOR settings. As underwriters’ counsel, firm attorneys have addressed the various disclosure issues with respect to the use of LIBOR in connection with recent financings. In addition, firm attorneys have provided extensive guidance to our financial institution clients on alternative benchmark index integration and fallback provisions.

Tax Representation for Public Finance

The firm is routinely involved in the interpretation and resolution of arbitrage, rebate and use of proceeds issues on a professional practice basis as well as in the development of regulations on those topics. The firm provides systematic review of proposed projects and due diligence to determine qualified amounts for sizing of bonds. As bond counsel, the firm provides ongoing advice with respect to reimbursement issues (including reimbursement of a related entity), sizing short-term and long-term cash flow and working capital borrowings to minimize rebate liability, rebate exceptions and strategies, determining capital expenditures, and other means of maximizing earnings while minimizing rebate. The firm also represents clients on reissuance questions relating to forbearance agreements, transactions that modify terms of the bonds and LIBOR transition issues. The firm represents issuers and borrowers in issues relating to swaps and their integration into the bonds. The firm also represents clients on remedial action procedures for bonds, audits of tax-exempt bonds by the IRS, securing private letter rulings, and entering into closing agreements with the IRS under the VCAP program. Our tax attorneys also frequently serve as panelists at seminars and workshops sponsored by the National Association of Bond Lawyers (NABL).

Transportation

Our attorneys represent the New York State Thruway Authority on its large transportation and Personal Income Tax (PIT) bond financings for its own facilities and those of the State Department of Transportation and Metropolitan Transportation Authority (MTA).

Our attorneys work closely with our corporate, tax and environmental attorneys to counsel clients on all aspects of site acquisition and zoning and development approvals, as well as structuring financing packages. We work in partnership with our clients and often with a local issuer counsel operated by the IDA to balance their needs with the many constituencies affected by large development projects and work effectively with construction teams to conclude projects in a timely and cost-effective way.

General Obligation Financings
Our attorneys serve as bond counsel on all types of general obligation financings, including long-term serial bonds, statutory installment bonds, and short-term bonds, tax and revenue anticipation notes and budget notes. In addition, our firm represents the Attorney General of the State of New York on the state’s General Obligation Bond issues.

Municipal Tax-Exempt Leases/COPS
Our attorneys serve as bond counsel to municipalities and school districts on tax-exempt equipment lease financings, including financings of energy performance contracts. Harris Beach also has extensive experience with Certificate of Participation financings.

Public Infrastructure
Our attorneys handle projects involving sports arenas, convention centers, recreational facilities and public parking garages.

Water Distribution and Sewer Facilities
We serve as bond counsel to local water and sewer authorities and we handle revenue bond financings for these entities involving loans or agreements to both private and public entities. As bond counsel to municipalities throughout New York state, we participate in revolving loan financings through the New York State Environmental Facilities Corporation.

Practice Leader(s)

Russell Gaenzle

Russell E. Gaenzle

Member
Shawn Griffin

Shawn M. Griffin

Member

People

Christopher Andreucci

Christopher A. Andreucci

Member
John Anzalone

John J. Anzalone

Member

Jonathan A. Ballan

Member
Doron Bar-levav

Doron M. Bar-Levav

Member

Adriana M. Baranello

Associate
Rachel Baranello

Rachel C Baranello

Member
Todd Bullard

H. Todd Bullard

Member
Keith Corbett

Keith M. Corbett

Member

Cathryn Crummey

Law Clerk
Michael Curti

Michael V. Curti

Member
Michael-Discenza

Michael A. Discenza

Senior Counsel

Thomas J. Garry

Member

Daniel P. Grippo

Senior Counsel

Chiara A. Haueter

Law Clerk
Andrew Komaromi

Andrew D. Komaromi

Member
Larson_Xanthe

Xanthe M. Larsen

Member
Stephen Maier

Stephen J. Maier

Associate
Patrick Malgieri

Patrick M. Malgieri

Counsel
Julie Marshall

Julie A. Marshall

Consultant
Justin Miller

Justin S. Miller

Member
Sean Murphy

Sean P. Murphy

Associate
Robert Murray

Robert G. Murray

Member
Michael Nozzolio

Michael F. Nozzolio

Counsel
Munesh Patel

Munesh Patel

Senior Counsel
Frank Pavia

Frank C. Pavia

Member
Emma Powlin

Emma G. Powlin

Associate
Ed Rojas

Edward J. Rojas

Member
Robert Ryan

Robert J. Ryan

Member
Charles Schachter

Charles I. Schachter

Member
Rajat Shah

Rajat R. Shah

Member

Jeffrey E. Storch

Member
Pietra Zaffram

Pietra G. Zaffram

Member
All Insights, All Publications, Authored Article |
 January 11, 2023
Blue Sky Laws: In New York, The Issue is Real Estate
State Blue Sky laws - New York’s special requirements for municipal bonds that consist wholly or in part of real estate interests....read more
All Insights, All Publications, Legal Alert |
 January 11, 2023
IDA Legislative Update – New Laws Affecting Industrial Development Agencies and Authorities Adopted
Governor Kathy Hochul recently signed three bills into law impacting administration and operation of New York's IDAs....read more
All Insights, All Publications, Legal Alert |
 December 16, 2022
EPA Finalizes All Appropriate Inquiries Rule
On December 15, 2022, U.S. Environmental Protection Agency (EPA) published in the Federal Register its final rule updating its AAI Rule....read more
All Insights, All Publications, Legal Alert |
 December 7, 2022
New York’s FAST NY Program to Provide $200 Million in Grants to Municipalities and Economic Development Agencies to Prepare and Develop Shovel-Ready Sites Statewide for Key Growth Industries
New York state to promote “shovel-readiness” to attract large employers, including high-tech manufacturing and interstate distribution and ...read more
All Insights, All Publications, Authored Article |
 October 3, 2022
What Is an Industrial Development Bond and Why Does It Matter When Interpreting Blue Sky Laws?
When it comes to the proper application of Blue Sky laws relating to the issuance of municipal securities, interpretations matter....read more
All Insights, All Publications, Authored Article |
 September 1, 2022
Blue Sky Laws in Nevada: Ratings Matter
As we have seen in our series of articles on Blue Sky Laws, a lack of uniformity (and sometimes a lack of guidance) presents challenges in p...read more
All Insights, All Publications, Authored Article |
 August 1, 2022
Blue Sky Over the Grand Canyon: Interpreting Regulation of Bonds in Arizona
With subtle but important differences in each state, and sharply divided opinions on interpretation, the nuances of blue sky laws are as var...read more
All Insights, All Publications, Authored Article |
 June 7, 2022
Finding More Clarity in State Blue Sky Laws: Shedding Light on Exclusions from Municipal Bond Exemptions
We conclude our series exploring the lack of uniformity – and sometimes lack of guidance – that makes it challenging to interpret state Blue...read more
All Insights, All Publications, Authored Article |
 May 25, 2022
Seeking Clarity in Blue Sky Laws: Exclusions from Municipal Issuer Exemptions
We continue our series exploring the lack of uniformity – and sometimes lack of guidance – that makes it challenging to interpret state Blue...read more

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2023 Best Law Firms - Rochester Tier Public Finance Law
2023 Best Law Firms - Economic Development Badge
Economic Development Handbook

Public Finance and Economic Development

Legal Practice

■ Profile

Harris Beach represents every major New York state agency and represents or works with more local development agencies in the State than any other law firm. As bond counsel, we represent more than 90 municipalities, school districts and special improvement districts and we represent the leading underwriters as underwriting counsel on major state and local bond transactions. Our economic development practice handles showcase projects statewide, represents more than two dozen Industrial Development Agencies, over thirty local development corporations, and has distinguished itself by delivering creative and unique solutions which unite the related private and public sector parties necessary to propel large development projects forward and help ensure their successful completion.

The firm has significant experience with public benefit corporations developing urban areas through the use of IDAs, urban renewal agencies, condemnation, annexation, increment financing and programs. When business and community leaders think economic development, they call Harris Beach. We wrote the book – no really. Check out our Economic Development Handbook, published annually since 1996, here.

We keep clients current with the requirements of frequently-changing legislation, such as helping state and local authorities comply with the Public Authorities Accountability Act of 2005 and the Public Authorities Reform Act of 2009. Our attorneys handle transactions involving FHA-insured mortgage revenue bonds, letter of credit secured financings, bond insured financings and unrated issues. We handle projects financed through a number of state agencies, such as the Dormitory Authority of New York State, the New York State Housing Finance Agency, Empire State Development, the New York State Thruway Authority and others; projects financed through local industrial development agencies, local development corporations and housing authorities. We work closely with clients on all aspects of their business finances and legal planning.

We engage in all aspects of a project, from local land use approvals, local incentives, state incentives like the BCP, and federal programs like New Market Tax Credits and financings relying on federal and state energy programs.

■ Services

Appropriation-Backed Financings

Firm attorneys have considerable experience in appropriation-backed financings having served as bond counsel, special tax counsel or underwriters’ counsel on more than 180 financing transactions involving approximately $29 billion. The financings have been undertaken to construct or reconstruct park facilities, construct and repair highways and to advance refund prior bond issues, construct parking facilities, fund new hospital construction and advance refund prior bond issues, construct homeless housing, construct state and local correctional facilities, fund the construction and renovation of dormitory facilities for the State University System, fund the acquisition of equipment and realty by various departments of state government, and fund the construction of school facilities.

Blue Sky Surveys for Municipal Bond Financings

Law firms and underwriters across the country count on our proven analytical process and extensive securities law knowledge to relieve the burden of examining and preparing blue sky surveys.

Harris Beach has developed an efficient and cost-effective method of completing blue sky surveys for law firms and underwriters involved in municipal bond financings. With a broad focus on both federal and state law, we examine securities laws and regulations in all states and territories into which securities are proposed to be sold to the public, brokers and dealers, and financial institutions. Because keeping up with changes to blue sky laws can be burdensome, and legal analysis complex, our preparation of blue sky surveys can take this task off attorneys’ plates.

Our services include:

  • Prepare both preliminary and final blue sky surveys
  • Advise on all jurisdictions, whether or not qualification is requested/required
  • Monitor updates from the Blue Sky Law Reporter
  • Provide guidance on federal securities law and blue sky laws, including the National Securities Markets Improvement Act of 1996, to minimize state enforcement action

Derivative Products/Swaps and Non-Fixed Rate Debt

In its role as bond counsel, firm attorneys have been asked to pass upon state law and tax issues with respect to the ability of issuers to utilize derivative products and to otherwise invest in investments which are not strictly identified in any applicable list of permitted investments, and, in its role as underwriters’ counsel, to address various disclosure issues with respect to the use of derivative products in connection with a particular financing. Advice was provided on numerous innovative financings and is continually involved in the analysis of progressive financing structures, including issues relating to integrating swaps after LIBOR transition. These structures include fixed rate bonds synthetically divided into lower floaters and residual interest pieces, total return swaps, hedges and caps, swaps, and in the past the use of floating rate debt in advance refundings. In addition, we have been involved in forward transactions and “Cinderella Bonds” since bonds cannot presently be advance refunded. The firm has extensive experience with floating rate debt, taxable debt, concurrent, multiple series of bonds with different structural characteristics and combinations of all the foregoing.

Disclosure

Harris Beach attorneys have extensive experience with disclosure matters in their various capacities as special disclosure counsel, underwriter’s counsel and bond counsel on tax-exempt and taxable bond issues undertaken by the State of New York and its financing authorities, local governments and their authorities and local development corporations. The firm is on retainer to the New York State Division of the Budget (DOB) as Public Finance and Disclosure Counsel and provides advice to DOB on a wide range of state law and federal securities law issues as well as general disclosure matters, including the implementation and compliance with the state’s annual secondary market disclosure obligations. Harris Beach also provides disclosure counsel services to the New York State Office of the Attorney General (OAG) in connection with the issuance of tax-exempt and taxable new money and refunding bonds, including the first taxable, competitively offered Build America Bonds issued in the State. In its Disclosure Counsel capacity, firm attorneys play a leading role with respect to (i) the content of official statements used for the offering of State general obligation bonds, and (ii) continuing disclosure matters. In addition, members of the firm served as special disclosure counsel to the underwriters in connection with general obligation bonds issued by the State of Connecticut and the State of Louisiana.

Educational Facilities

We regularly serve as bond counsel and underwriters counsel on financings for colleges, private not-for-profit schools, library systems, and educational facilities for developmentally disabled children. These financings are often secured by state, local school district, or other third-party reimbursement revenue streams.

Environmental, Social and Governance (ESG)

Our attorneys support clients with cross-functional teams dedicated to integrating aspects of ESG into core business strategies, governance, and risk-management. In addition to helping our clients understand, prepare for, and comply with emerging regulations, we also help our clients realize the benefits created in the marketplace by a bespoke approach to ESG.

Financing Opportunities For Renewable Energy In New York State

Meeting clean energy standards, decreasing reliance on fossil fuels and diversifying energy supply continue to drive demand for renewable energy in New York state. These projects represent significant financial investments by those developing the sites and the communities supporting the ventures. Harris Beach is a leader in representing and addressing the concerns of IDAs, municipalities, and real estate and project developers with renewable energy ventures.

Gaming

Our team has been involved for 30 years in the evolution of gaming in New York. Our attorneys have a notable range and depth of experience with both the gaming borrowers and lenders who provide financing in the gaming space; as well as OTB operators, Indian Nation operators, and new casinos in New York state. Our public finance attorneys have been involved in financings for Del Lago Resort and Casino; acquisitions and financing and state compact work for the Seneca Gaming Corporation; the tax-exempt bond financing and taxable financings for the Seneca Nation of Indians; Delaware North transactions and financings; Yonkers raceway transaction from initial VLT development through current ownership and financings; multiple casino structures and attempted financings in Sullivan County and the construction and current financing at Resorts World Catskill; the recently completed financing for Suffolk Regional OTB; and the recently completed tax-exempt borrowing by Western Regional OTB.

Hospitals, Nursing Homes and Health-Related and Independent Living Facilities

Our attorneys have extensive experience in all types of health care and health-related facility financings, from hospitals and nursing homes to a variety of senior living facilities, including lifecare and other continuing care retirement communities, independent living facilities, assisted living facilities and adult homes. In addition, the attorneys in the firm’s health services practice represent a broad cross-section of health care providers throughout the state on corporate, regulatory and tax matters.

Housing

Our attorneys have extensive experience in single- and multi-family housing, tax credit and subsidy programs for low and moderate income residential retail projects, including financings through the Dormitory Authority of the State of New York, the New York State Housing Finance Agency, the New York City Housing Development Corporation and local housing authorities, industrial development agencies and local development corporations.

Industrial Development and Exempt Facility Financings

Harris Beach attorneys utilize a variety of economic development tools to the maximum extent in bringing multiple programs and related experiences to projects identified by our IDA clients, including Brownfield Redevelopment Tax Credits, New Markets Tax Credits, economic development through condemnation, PILOT Increment and Tax Increment financings, HUD 108 Loans and BEDI Grants, and many other areas that are often overlooked or not fully understood.

Our attorneys handle all types of small issue manufacturing facility financings and exempt facility financings, including solid and hazardous waste disposal facilities, public dock and wharf facilities, airport facilities, and sewage facilities. Harris Beach serves as agency counsel, developer counsel or transactional counsel in all types of economic development projects and has relationships in every county in New York State. In these capacities, we have significant experience in all types of Industrial Development Agency (IDA) sale/leaseback transactions.

LIBOR Phase Out

With the oncoming phase out of the publication of the U.S. dollar London Interbank Offered Rate (“LIBOR”), firm attorneys have advised a broad range of interested parties on the impact of this titanic shift in variable rate financings. As bond counsel, firm attorneys have been asked to review the impact of amendments to the benchmark interest rate index on legacy LIBOR tax-exempt financings as well as the use of LIBOR and ARRC fallback provisions for new financings closing prior to the final publishing date of June 30, 2023 for the most common LIBOR settings. As underwriters’ counsel, firm attorneys have addressed the various disclosure issues with respect to the use of LIBOR in connection with recent financings. In addition, firm attorneys have provided extensive guidance to our financial institution clients on alternative benchmark index integration and fallback provisions.

Tax Representation for Public Finance

The firm is routinely involved in the interpretation and resolution of arbitrage, rebate and use of proceeds issues on a professional practice basis as well as in the development of regulations on those topics. The firm provides systematic review of proposed projects and due diligence to determine qualified amounts for sizing of bonds. As bond counsel, the firm provides ongoing advice with respect to reimbursement issues (including reimbursement of a related entity), sizing short-term and long-term cash flow and working capital borrowings to minimize rebate liability, rebate exceptions and strategies, determining capital expenditures, and other means of maximizing earnings while minimizing rebate. The firm also represents clients on reissuance questions relating to forbearance agreements, transactions that modify terms of the bonds and LIBOR transition issues. The firm represents issuers and borrowers in issues relating to swaps and their integration into the bonds. The firm also represents clients on remedial action procedures for bonds, audits of tax-exempt bonds by the IRS, securing private letter rulings, and entering into closing agreements with the IRS under the VCAP program. Our tax attorneys also frequently serve as panelists at seminars and workshops sponsored by the National Association of Bond Lawyers (NABL).

Transportation

Our attorneys represent the New York State Thruway Authority on its large transportation and Personal Income Tax (PIT) bond financings for its own facilities and those of the State Department of Transportation and Metropolitan Transportation Authority (MTA).

Our attorneys work closely with our corporate, tax and environmental attorneys to counsel clients on all aspects of site acquisition and zoning and development approvals, as well as structuring financing packages. We work in partnership with our clients and often with a local issuer counsel operated by the IDA to balance their needs with the many constituencies affected by large development projects and work effectively with construction teams to conclude projects in a timely and cost-effective way.

General Obligation Financings
Our attorneys serve as bond counsel on all types of general obligation financings, including long-term serial bonds, statutory installment bonds, and short-term bonds, tax and revenue anticipation notes and budget notes. In addition, our firm represents the Attorney General of the State of New York on the state’s General Obligation Bond issues.

Municipal Tax-Exempt Leases/COPS
Our attorneys serve as bond counsel to municipalities and school districts on tax-exempt equipment lease financings, including financings of energy performance contracts. Harris Beach also has extensive experience with Certificate of Participation financings.

Public Infrastructure
Our attorneys handle projects involving sports arenas, convention centers, recreational facilities and public parking garages.

Water Distribution and Sewer Facilities
We serve as bond counsel to local water and sewer authorities and we handle revenue bond financings for these entities involving loans or agreements to both private and public entities. As bond counsel to municipalities throughout New York state, we participate in revolving loan financings through the New York State Environmental Facilities Corporation.

■ People

Team Leaders

Russell E. Gaenzle

Member
(585) 419-8718
rgaenzle@harrisbeach.com

Shawn M. Griffin

Member
(585) 419-8614
sgriffin@harrisbeach.com

Team

Christopher A. Andreucci

Member
(585) 419-8606
candreucci@harrisbeach.com

John J. Anzalone

Member
(516) 880-8108
janzalone@harrisbeach.com

Jonathan A. Ballan

Member
(212) 912-3514
jballan@harrisbeach.com

Doron M. Bar-Levav

Member
(212) 313-5413
dbar-levav@harrisbeach.com

Adriana M. Baranello

Associate
(914) 298-3023
abaranello@harrisbeach.com

Rachel C Baranello

Member
(585) 419-8769
rbaranello@harrisbeach.com

H. Todd Bullard

Member
(585) 419-8696
tbullard@harrisbeach.com

Keith M. Corbett

Member
(516) 880-8492
kcorbett@harrisbeach.com

Cathryn Crummey

Law Clerk
(518) 701-2781
ccrummey@harrisbeach.com

Michael V. Curti

Member
(914) 298-3026
mcurti@harrisbeach.com

Michael A. Discenza

Senior Counsel
(212) 912-3605
mdiscenza@harrisbeach.com

Russell E. Gaenzle

Member
(585) 419-8718
rgaenzle@harrisbeach.com

Thomas J. Garry

Member
(516) 880-8489
tgarry@harrisbeach.com

Shawn M. Griffin

Member
(585) 419-8614
sgriffin@harrisbeach.com

Daniel P. Grippo

Senior Counsel
(516) 880-8482
dgrippo@harrisbeach.com

Chiara A. Haueter

Law Clerk
(516) 880-8105
chaueter@harrisbeach.com

Andrew D. Komaromi

Member
(516) 880-8385
akomaromi@harrisbeach.com

Xanthe M. Larsen

Member
(202) 285-3543
xlarsen@harrisbeach.com

Stephen J. Maier

Associate
(585) 419-8959
smaier@harrisbeach.com

Patrick M. Malgieri

Counsel
(914) 298-3000
pmalgieri@harrisbeach.com

Julie A. Marshall

Consultant
(585) 419-8653
jmarshall@harrisbeach.com

Justin S. Miller

Member
(518) 701-2710
jmiller@harrisbeach.com

Sean P. Murphy

Associate
(585) 419-8973
spmurphy@harrisbeach.com

Robert G. Murray

Member
(716) 200-5180
bmurray@harrisbeach.com

Michael F. Nozzolio

Counsel
(585) 419-8648
mnozzolio@harrisbeach.com

Munesh Patel

Senior Counsel
(585) 419-8722
mpatel@harrisbeach.com

Frank C. Pavia

Member
(585) 419-8709
fpavia@harrisbeach.com

Emma G. Powlin

Associate
(585) 419-8641
epowlin@harrisbeach.com

Edward J. Rojas

Member
(212) 912-3641
erojas@harrisbeach.com

Robert J. Ryan

Member
(518) 701-2715
Rryan@harrisbeach.com

Charles I. Schachter

Member

Rajat R. Shah

Member
(716) 200-5109
rshah@harrisbeach.com

Jeffrey E. Storch

Member
(212) 912-3504
jstorch@harrisbeach.com

Pietra G. Zaffram

Member
(716) 200-5112
pzaffram@HarrisBeach.com

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of April 1, 2023 11:03 pm
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