Getting Deals Done

At Spilman, we thrive on complex, innovative financings--the bigger the challenge, the more driven we are to tackle it. In fact, our team has been involved in some of the most creative financings in the state of West Virginia, including large health care financings, a number of significant tax increment financings and the first financing utilizing municipal sales tax revenues in West Virginia. Our team strives to always respond quickly and effectively to develop creative solutions to allow our clients to achieve their project objectives. Lawyers on our team regularly serve as bond counsel, disclosure counsel, issuer’s counsel, underwriter’s counsel and developer’s counsel.

Our attorneys have led and participated in transactions for a wide variety of tax-exempt and taxable financings of public and private projects, including, but not limited to, the following:

  • Health care facilities
  • Recreational facilities
  • Higher education facilities
  • Primary/secondary educational facilities
  • Highways/public roads
  • Government facilities
  • Solid waste facilities
  • Airports
  • Parking facilities
  • Manufacturing facilities
  • Drinking water facilities
  • Electrical generating facilities
  • Sewer and waste water facilities

Economic development projects are an area of unique capability for the Spilman team. We can assist clients in structuring, negotiating and documenting economic development transactions, including, but not limited to, the following:

  • Municipal sales and use tax financings
  • Tax increment financings
  • Financings to facilitate payments in lieu of taxes (PILOTs)
  • Public-private partnerships
  • New Market Tax Credits

Serving Our Clients

Regardless of the issues you need help with, we have the necessary experience to assist you with all aspects of municipal financings. Here are some areas in which we can assist:

  • Post-issuance tax compliance matters and monitoring
  • "Private Business Use" analysis
  • IRS audits of tax-exempt bonds
  • Securities issues, including preparation of disclosure documents, SEC filings and preparing annual and quarterly SEC reports, preparation of private placement memoranda and related due diligence procedures
  • Advice in connection with continuing disclosure filings under Securities and Exchange Commission Rule 15c2-12
  • Review and negotiation of hedge agreements, including interest rate swaps and other derivatives
  • Representation of issuers and conduit borrowers in connection with bankruptcies and workouts involving municipal securities
  • Drafting legislation, local ordinances and regulations
  • Training and education for your in-house legal or finance team

Maintaining Our Edge

Our attorneys pride themselves on being team players, sitting comfortably across the table from regional and national firms alike. Our public finance team is experienced in tax matters related to Section 103 of the Internal Revenue Code of 1986, as amended, and the related Treasury regulations and rulings, and we include our federal tax experts in every public finance matter we handle.

We're serious about doing excellent work and aren't satisfied with mere competence--that's where we start.

Our team makes it a point to stay educated and up-to-date on the latest regulations and industry changes. Every member of our team is a member of the National Association of Bond Lawyers. We are proud to have team members whose credentials include an MBA and an LL.M., on top of their traditional legal training.

We have been listed in the Red Book since the group's inception and our team members have been recognized as "Lawyer of the Year" by Best Lawyers in their respective communities in Public Finance Law and in Project Finance Law, as well as recognized in Chambers USA: America's Leading Lawyers for Business for Corporate/Commercial: Banking & Finance.

Spilman’s full-service capabilities allow the Public and Project Finance team to coordinate with other practice groups, including the Government Relations, Construction, Health Care, Utilities and Environmental practice groups, among others, to ensure that our public and project finance clients are provided with the highest level of service.

For more information about our Public & Project Finance services, please contact:

304.291.7949