Public Finance

Public finance, a $3.7 trillion sector in the U.S. economy, funds projects that support public health, safety and welfare.  Any public finance transaction can be significantly complex, but our Public Finance attorneys help our clients see through the complexity and achieve optimal outcomes. 

We serve as general counsel, bond counsel, disclosure counsel, borrower’s counsel and special counsel, whatever is necessary on the path to success.  The work extends to all types of public and public/private infrastructure projects. Our government clients include state agencies and authorities, counties, cities, special districts, joint powers authorities, Native American tribal authorities, and other municipal organizations. Our private sector clients include nonprofit organizations active in community education, healthcare, housing and development.  As bond counsel, we must understand the limits and opportunities for the use and investment of public funds, including federal tax and securities laws, state laws for public agencies and nonprofit corporations, charter cities and charter schools.

Our Public Finance attorneys work across many disciplines in which Procopio has earned national recognition, including Public Agencies, Corporations and Securities, Education and Charter Schools, Native American Law, Health Care, Finance, Restructuring, and Bankruptcy. We have the infrastructure to support clients and projects large and small at highly competitive rates.

Our Services

  • We finance major projects with municipal securities, including bonds, leases, notes, and bank loans
  • We prepare and defend municipal securities disclosure and audit management discussion, including due diligence, governing body approval, and dissemination
  • We examine and advise on covenant compliance, including financials, federal taxes, disclosures and audits

Representative Matters

  • Served as lead bond counsel, disclosure counsel and borrower’s counsel for the development of a new public charter school in downtown San Diego.
  • Served as special counsel to the City of Cupertino on Apple Park: the landmark project in the heart of Silicon Valley and the largest private-sector research and development facility in the United States.
  • Created the first cover-to-cover plain English municipal bond offering document, with ongoing refinements over the past 15 years.
  • Served as bond counsel and disclosure counsel for the largest wastewater treatment facility in the western United States and the leading recycled water producer in San Diego County.
  • Won a civil RICO lawsuit that enabled a California city to recover 100% of its investment losses in land development bonds, while achieving termination of an SEC investigation of the city without any settlement or penalty.
  • Served as bond counsel for electric and water system revenue bonds and tax-exempt trust funding of retirement health care benefits (including renewable energy projects such as hydroelectric and wind power) for the Eugene Water & Electric Board.