Throughout its history, Day Pitney has been involved in the development and financing of infrastructure projects. Our Infrastructure Practice group has been a forward-looking participant in the innovation of the industry, advising developers, contractors, lenders and other investors on matters relating to the development and commercial operation of energy, water, hospital and educational projects. Our attorneys have substantial regulatory, transactional and permitting experience and can provide our clients with all the legal services needed to develop, operate and finance a project. We also have significant experience with restructuring difficult infrastructure projects and restoring them to a path for successful operation.
Day Pitney's work for transportation-related and transportation-oriented development projects includes large- and small-scale projects and all aspects of development and redevelopment, including due diligence; federal, state and municipal permitting and zoning; environmental review and analysis; third-party vendor contracts; financing; and tax and litigation support. Our clients' transportation projects have included ports, terminals, roads, bridges, railways, and trucking and intermodal transportation facilities, including fossil fuel, natural gas, propane, biofuels, waste and consumer goods. We regularly navigate these projects through the political and regulatory mazes characteristic of such projects.
Day Pitney represents all levels of academic institutions and higher education, including primary and secondary schools, prep schools, large public and private colleges and universities, and small independent colleges and universities, as well as institutions affiliated with higher education. Our team includes attorneys with practical knowledge and the capability to represent academic institutions in multiple disciplines, including real estate and environmental matters, securities and capital markets, capital project financings, mergers and acquisitions, litigation, and general corporate and business law.
Day Pitney represents water companies in numerous complex transactions, including mergers and acquisitions, contractual arrangements and finance transactions. We provide water companies with the full suite of legal services for their businesses, including state permitting and regulatory proceedings, advice regarding water quality and environmental matters, real estate acquisitions and sales, labor and employment issues, tax matters, and litigation in state and federal courts.
Evolving regulatory and market conditions have placed unique and complex demands on hospitals and healthcare providers. From delivery stem changes resulting from the Affordable Care Act and other initiatives to improve care while reducing costs to regulatory scrutiny over data security and privacy to the challenges of integrating clinical provider networks, Day Pitney's healthcare lawyers have the critical skills to respond quickly to our clients' legal and regulatory obstacles. We provide advice on corporate governance structuring and restructuring; mergers, acquisitions and joint ventures; federal and state regulatory compliance; privacy and security; network contracts; litigation; labor; employment and employee benefits; and financings.
Day Pitney lawyers are nationally-recognized by Chambers USA* and Chambers Global (Chambers & Partners) and by U.S. News - Best Lawyers "Best Law Firms" (U.S. News & World Report) for their work across a broad range of energy infrastructure projects. Representing a diverse group of clients across the nation and around the world, we develop and implement innovative solutions to the complex challenges confronting the energy industry. Our clients include electric and gas utilities; debt and equity investors; generators, transmitters and marketers; equipment contractors; and other energy and utility market participants.
Day Pitney has nearly a century of experience representing parties involved in electric generation. From the construction, operation and decommissioning of large-scale nuclear and fossil fuel generating units to the development, acquisition and financing of a broad range of renewable projects, we have dealt with virtually every type of technology and transaction. The firm has assisted developers in structuring and organizing entities to own and operate their projects, in dealing with various federal and state regulatory and tax strategies, and in obtaining and negotiating the terms of financing. We regularly counsel clients on the permitting, contractual, rate and tariff issues that are associated with such projects. We have assisted both developers and major contractors in the negotiation and drafting of facility leases, power and renewable energy credit sales, fuel supply, engineering, procurement and construction, operation and maintenance, and other contracts.
Day Pitney has provided strategic counsel to clients in the Federal Energy Regulatory Commission's (FERC) transmission reform efforts to facilitate the development of new transmission assets, as directed in FERC Order No. 1000. In addition to working with public utilities in developing tariff language to meet that order, our attorneys have also worked with new transmission-focused entities across the country in transmission formula and incentive rate applications that are designed to support their effective participation in the competitive solicitation processes administered by the regional transmission organizations. We have also assisted merchant transmission developers in their efforts to obtain negotiated rate authorizations and other project development regulatory approvals.
For decades, Day Pitney attorneys have advised clients on strategies for managing the continuing evolution of the natural gas industry, as well as for navigating the legal, credit, regulatory and environmental risks that impact our clients' most difficult projects. Our experience covers the entire natural gas supply chain—upstream exploration and production, midstream processing and transportation, liquefaction and regasification of liquefied natural gas (LNG), downstream storage, marketing and local distribution, and end-user consumption and manufacturing. This work runs the gamut from providing transactional/commercial assistance to memorializing necessary supply arrangements to regulatory and litigation assistance in order to obtain and defend the necessary permits and approvals at the federal and state levels.
Distributed Energy Resources
Day Pitney has been involved in the rapidly changing legal landscape of distributed energy resources, including behind-the-meter renewable and nonrenewable generation, energy storage, and commercial and industrial microgrids. Representing diverse stakeholders, we provide our clients with the advice to navigate their transactions successfully. Our attorneys have experience in delivering each stage of a distributed energy project, including planning, permitting, joint ventures and other corporate matters; drafting and negotiating project documents (such as power purchase agreements, customer supply agreements, engineering, procurement and construction agreements, operation and maintenance agreements, and leases); and the purchases and sales of the projects. We also regularly advise on the federal and state regulatory policies that impact these projects.
Day Pitney lawyers have significant experience representing private and public clients across a broad spectrum of construction projects and transactions, both large and small, including public/private partnerships, new construction, renovations and modifications. We advise on the legal challenges presented in the design, development, and procurement process of construction projects, including the development of requests for proposal and bid evaluation, and we assist clients with the negotiation and drafting of complicated construction contracts. Our clients include real estate and infrastructure developers, contractors and subcontractors, owners, tenants with significant build-out needs and other participants in the construction of all real estate classes and infrastructure projects.
Day Pitney's lawyers assist institutional lenders and investors to structure, negotiate and close financial transactions of many different kinds and virtually all sizes, including private placements, secured credit facilities, other asset-based and structured finance transactions, lease transactions, real estate financings, and project and acquisition financings.
Day Pitney has wide-ranging experience in the areas of project finance, including representation of developers, contractors, power purchasers, equity investors and lenders. We have been involved with projects utilizing energy production technologies, from the more traditional fossil fuel projects to hydroelectric, wood, coal, nuclear, refuse, geothermal and wind-powered facilities. These projects are located throughout the United States, including Alaska and Hawaii, and around the globe, including Europe, Asia, Latin America and the Middle East. We also have experience with debt and equity structures, including typical project finance, back-leveraged transactions, leveraged lease transactions and balance sheet financings.
Public Financing and Public-Private Partnerships
Day Pitney represents state, tribal, regional, and local governments, agencies and authorities that engage in tax-exempt and taxable bond, lease financing and other financing transactions. We also represent underwriters, conduit borrowers, corporate trustees, and banks and financial institutions that provide credit support in connection with these government financings. We advise our clients on the latest developments in tax, securities and finance law that impact their financing programs, draft legislation and complete financings from authorization to post-closing, and provide tax and securities law advice. We have addressed cutting-edge issues, including pension bonds, green bonds and foreign exchange-listed bond financings. Building on that experience, we represent issuers and private lenders in public-private partnership programs, including U.S. Department of Agriculture and U.S. Department of Energy guarantee programs and state "green bank" financings.