Practices

Public Finance

Our Public Finance practice has earned a reputation for taking a client-oriented, problem-solving approach to this specialty field of finance. The firm conducts its bond practice through a core group of approximately 20 professionals from its offices in Boston, Washington, and New York, which is supplemented as necessary by lawyers in the firm's Real Estate, Health Law, Commercial Law, Environmental, Federal Regulation, and Litigation Sections. Our comprehensive public finance practice includes:

  • structuring and documenting primary offerings;
  • counseling issuers and other participants in both the primary and secondary public markets, and
  • representing bondholders, bond trustees, bond insurers and borrowers in restructuring or resolving troubled transactions.

In combination with the firm's other practice areas, our public finance attorneys also counsel clients with respect to public pension funds, legislative matters, and transactions involving other capital markets.

As a national leader in the area of public finance for over 25 years, Mintz Levin has established a network of long-standing client relationships with issuers, underwriters, institutional investors, borrowers, and other market participants, and has developed an unsurpassed reputation for quality, creativity and responsiveness. We are committed to maintaining a leadership role in the public finance field, while building on our experience and skills to assist participants in a variety of new capital markets transactions.

In addition to its prominence as bond counsel and underwriters' counsel in public offerings, our Public Finance practice is actively involved in private placements of tax-exempt securities, not only as bond counsel but also as purchaser's counsel for institutional investors on transactions throughout the country.

Other major components of our work in this area include acting as borrower's counsel and general counsel for bond market participants such as hospitals and universities. We also have an active practice in legislative drafting for our clients. We represent clients in connection with interest rate swaps and other synthetic or derivative financial products used in conjunction with tax-exempt instruments, as well as the securitization of loans. We also provide comprehensive representation to state sponsors, program managers and other participants in the development and operation of "section 529" college savings plans and prepaid tuition programs.

Our expertise in debt transactions is applied in a variety of contexts other than tax-exempt municipal bond financings. We have participated in registered debt offerings, securitizations of various assets, senior/subordinated debt transactions, Rule 144(A) offerings and a variety of other taxable corporate and student loan transactions. We have substantial experience structuring innovative privatization projects for both public sector and private sector clients.

Our extensive experience with a variety of financing techniques from all perspectives and our expertise in the myriad of legal issues, including federal tax law, securities law, and state statutory and constitutional provisions, enable us to assist our clients in meeting their financing goals.

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Publications

Public Finance Advisory: Amended IRS Regulation Facilitates Tax-Exempt Bond Restructurings

5/13/2011



SEC Approves ABS Rules, Including One for Munis

1/20/2011

The Bond Buyer

Public Finance Alert: SEC Proposal May Require Municipal Entity Board Members and Conduit Borrower Board Members and Financial Officers to Register as Municipal Advisors

1/3/2011



Government Law and Public Finance Alert: New Massachusetts Open Meeting Law Goes Into Effect On July 1, 2010

6/15/2010



Public Finance Advisory: Securities and Exchange Commission Adopts Amendments to Rule 15c2-12 Disclosure Requirements

6/3/2010



Public Finance and Litigation Alert: Governor Patrick Signs Bill Delaying Implementation of Lobbying Law

10/2/2009



Public Finance and Litigation Alert: Legislature Passes Bill Delaying Implementation Date of Lobbying Law

9/30/2009



Public Finance Alert: Securities and Exchange Commission Releases Proposed Changes to Rule 15c2-12 Disclosure Requirements

7/22/2009



Public Finance and Litigation Alert: Massachusetts Ethics, Lobbying and Campaign Reform—How Will it Affect You?

7/2/2009



Public Finance Tax Advisory: $25 Billion Recovery Zone Bond Program Implemented

6/15/2009



Bankruptcy and Public Finance Advisory: Bankruptcy Judge Rules that City of Vallejo Can Void Union Contracts

4/15/2009



Public Finance Alert: IRS Initiates Build America Bonds (Direct Payment) Program

4/6/2009



Public Finance Alert: American Recovery and Reinvestment Act Opens Door to Tax-Exempt Financing for Producers of Intangibles

3/12/2009



Public Finance Advisory: Exempt Status Denied to Student Housing Nonprofit

8/26/2008



Public Finance Advisory: Bush Signs 2008 Housing Act, Providing Relief to Housing Finance Markets

7/31/2008



Public Finance Advisory: U.S. Supreme Court Upholds Municipal Bond Market's State Tax System

5/20/2008



Video Podcast: A Guide to Municipal Bankruptcy

5/5/2008



Public Finance Alert: Post Issuance Compliance and Reporting for Qualified 501(c)(3) Bonds

3/20/2008



Video Podcast: Take Stock of Your Own House - Preparing and Responding to Government Investigations

3/11/2008



Public Finance Alert: IRS Publishes Notice 2008-27 to Facilitate Certain Restructurings of Tax Exempt Bonds

2/26/2008



Public Finance Alert: IRS Previews New Section 529 Qualified Tuition Program Regulations

1/23/2008



Public Finance Alert: U.S. Supreme Court Hears Oral Arguments in Kentucky Municipal Bond Case

11/5/2007



Public Finance Advisory: Taxpayers and One Amicus File Briefs in Supreme Court Municipal Bond Taxation Case

9/24/2007



Public Finance Alert: Federal Appeals Court Rules Bond Insurer Lacks Standing for Fraud Claims

9/19/2007



Public Finance Alert: IRS Releases Exempt Organization Compliance Check Questionnaire

8/23/2007



Public Finance and Litigation Advisory - SJC: Attorney-Client Privilege for Government Officials

8/15/2007



Public Finance Alert: Supreme Court Schedules Oral Argument in Kentucky v. Davis Municipal Bond Case

8/1/2007



Kentucky, 49 Other States and Friends of the Court File Briefs in Supreme Court Municipal Bond Taxation Case

7/24/2007



Public Finance Advisory: IRS Clarifies Sponsored Research Limitations

7/13/2007



Discussion of the U.S. Supreme Court's Recent Decision to Review Kentucky v. Davis, a Case Affecting State Taxation of Municipal Bonds Podcast

6/22/2007



Public Finance Advisory: Class Action Against Illinois Section 529 Programs Alleges That Tax Parity Is Constitutionally Required

6/15/2007



Public Finance Alert: U.S. Supreme Court to Rule on Constitutionality of State Tax Statutes Favoring In-State Municipal Bonds

5/22/2007



Public Finance Advisory: Supreme Court's Oneida Decision Holds State Law Favoring Public Sector Interests at the Expense of Private Commerce Is Constitutional; Kentucky Muni Case Remains Unresolved

4/30/2007



Public Finance Advisory: Related Case May Resolve Kentucky Case Regarding Constitutionality of State Municipal Bond Taxation by June 2007

3/22/2007



Public Finance Advisory: New Proposed Regulations Regarding Partial Tax-Exempt Financing of Mixed-Use Facilities

9/21/2006



Public Finance Advisory: Important June 30, 2006 Deadline Approaching

6/28/2006



Public Finance Advisory: Kentucky Court Decision Could Undercut In-State Section 529 Plans

3/4/2006



Public Finance Advisory: Kentucky Court Decision Could Undercut Single State Funds

3/1/2006



Public Finance Advisory: Charitable Borrowers Must Track Private Use of Bond-Financed Facilities

1/4/2006



Public Finance Advisory: Treasury Proposes Circular 230 Regulations Affecting Bond Counsel Opinions

12/21/2004



Public Finance and Tax Commentary: May You Live in Interesting Times

2/4/2004



Public Finance Advisory: After the Bond Closing - Obligations of Non-Profit Borrowers

12/8/2003



Public Finance and Tax Commentary: Regulatory and Programmatic Impact of Structural Variations Among Section 529 College Savings Plans

7/30/2003



Business Advisory: IRS Issues Proposed Regulations and Closing Agreement Procedures for Hospital Acquisition Bonds

4/1/2002



Public Finance Advisory: Impact of Revised Article 9 on Municipal Bonds

6/1/2001



Health Advisory: Tax-Exempt Institutions, Huge Potential Liabilities From IRS Acquisition/Refunding Audits

11/1/2000



Public Finance Advisory: The Shoe Drops- Private Activity Bond Regulations At Last

3/1/1997



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