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Transportation Group Of The Year: Mayer Brown
By Michael Macagnone
Law360, Washington (January 22, 2016, 5:42 PM ET) -- Among the firms leading the nation in supporting
new infrastructure, Mayer Brown LLP attorneys advised on hundreds of millions of dollars in projects in
2015, ranging from a new toll highway in Texas to a rail build-out in Florida, landing the firm among
Law360's Transportation Practice Groups of the Year.
The firm’s transportation practice group — now more than a decade old — specializes in the publicprivate partnerships, or P3s, that have helped several major infrastructure projects get off the ground in
the past year. With five partners dedicated to the practice group, along with another dozen from other
groups that help on portions of transactions, partner Joe Seliga said the firm feels it has built itself into a
powerhouse for transportation infrastructure transactions.
“What we really see ourselves as is the leading transportation infrastructure practice in the U.S.,
advising on all sectors of transportation and all types of transactions,” Seliga said. “I think we see a
bright future in terms of this space and the ability to continue working and expanding our practice in the
years to come.”
This year, the group helped several significant U.S. projects like the public-private partnership for Texas
SH 183, a toll road in the Dallas/Fort Worth Area. The Texas Department of Transportation, or TxDOT,
had tried to solicit bids through a traditional approach but failed to garner any competition, receiving
only a single bid.
The firm then helped design a model that allowed the state to keep toll revenues, financing the projects
with $600 million in progress payments from TxDOT and $250 million in financing provided by the
developer, and also included an agreement that the private partner operate and maintain the project
for 25 years. The new approach attracted three bidders.
2) Seliga said the firm was able to help guide the department to its first-ever project without a concession,
and included maintenance of the non-toll lanes as part of the deal. He said throughout its history, the
practice group has represented all parties of P3 transactions, and can bring that breadth of experience
to bear on each deal.
“Part of what we think makes our practice unique is our ability to bring our perspective from all of that
representation to our clients,” Seliga said. “A public-sector client has the benefit of us having
represented private entities and funding entities, and vice versa.”
The practice group’s attorneys have insight into the needs of financiers, contractors and the public
entities themselves, what they look for in projects, and how they work towards completion, the
attorneys said. George Miller, another partner at the firm, said they brought that experience to bear in
advising the underwriter for the new, $2.3 billion All Aboard Florida project.
“We were able to be a one-stop shop, do all of the pieces of this historically large and complex rail
project and financing because we have assembled all of the pieces that can cover all these angles,”
Miller said.
The new train line, which plans to begin service in 2017 on the segment from Miami to West Palm
Beach, would be the first privately funded and operated passenger rail service in the United States since
Amtrak's creation. All Aboard Florida projects that eventually with 16 trips in each direction daily, taking
about three hours to travel between Miami and Orlando, it will help remove 3 million vehicles from
roads each year, reducing traffic and pollutants from the air.
An economic impact analysis by The Washington Economics Group Inc. estimates that All Aboard Florida
would have a $6.4 billion direct economic impact on the state economy over the next eight years, add
$3.5 billion to its gross domestic product through 2021, generate $653 million in federal, state and local
tax revenue through 2021, and create 10,000 jobs annually during the rail construction phase and 2,000
jobs annually thereafter, according to FDFC documents.
All Aboard Florida would be backed by bonds, which it says would be repaid primarily through revenue
from rail tickets and sales of food and beverages and sponsorship deals. It has pledged more than $800
million in equity.
On top of the Florida and Texas deals, the Mayer Brown team also advised the Port Authority of Jamaica
on privatizing the Kingston Container Terminal and the Philadelphia Regional Port Authority on a P3 to
build and maintain new facilities on its Southport Marine Terminal Complex, which could be the largest
such port project in the United States.
Seliga said budget constraints have forced many public transportation agencies to make difficult choices
between maintaining current infrastructure or building new facilities to meet growing demand. The
nation’s roads, bridges and port facilities aren’t getting any younger, he said, and many have turned to
private partnerships to fund new projects, as they use limited public funds to keep existing
infrastructure usable.
“I think you are going to see the combination of funding need that we have already talked about, and
the need for new sources of funding for the maintenance of existing assets and building new assets
going forward,” Seliga said.
3) He said that’s a need Mayer Brown has positioned itself to meet as it has advised clients for more than
10 years on such partnerships, starting with public roads, extending to ports and most recently rail
projects.
--Additional reporting by Zachary Zagger. Editing by Philip Shea.
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