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Legal Services
The
main objective of the firm is to provide clients the caliber of legal
proficiency that enables those clients to borrow money on the most
favorable terms, consistent with market conditions at the time of
borrowing.
Because of
its large number of attorneys able to handle all facets of public
finance and its long history of service in the field, Foley & Judell can
provide, among other services:
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Information on
economic conditions; money markets; supply and demand for debt
securities; federal fiscal/monetary policies; scheduled bond sales,
prevailing interest rates
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Counseling and
advice in connection with structuring of bond issues, the drafting
and submission of all required proceedings, documents and forms
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Processing of
applications for approval of bonds and elections by state boards
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Assisting
general counsel in handling litigation affecting the legality of
bonds and/or methods of financing
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Assisting with
preparation of detailed, comprehensive official statements;
furnishing information to national rating services and municipal
underwriters for evaluation
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Supervising the
printing of bonds and their execution by officials of the issuer
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Rendering
an opinion on validity and tax-exempt status of bonds; preparing a
complete transcript of record covering the issuance of bonds;
furnishing the transcript to bond purchasers and issuers
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In addition
to these services, the firm serves as legal consultant to public boards
and state and local agencies in connection with new financing programs.
If enabling legislation is required, the firm also prepares legislation
and supervises its progress through the legislature.
As
underwriter's counsel, the firm from time to time provides services to a
number of investment banking firms on financing for projects throughout
the United States. These have included housing, hospitals, equipment
leasings, and the like.
Foley &
Judell has available specialists who are experienced in federal tax
matters under Section 103 of the Internal Revenue Code related to the
qualification of bonds as tax-exempt obligations; arbitrage provisions
of the Code; federal securities law, including disclosure standards for
public financings; registration requirements; Municipal Securities
Rulemaking Board rules; and state blue sky and legal investment laws.
The firm's opinions are regularly accepted by major investment houses
and investment banking syndicates in New York, Chicago, and other
financial centers. |
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Tax department; computer capability
Foley & Judell has a tax department capable of handling the tax aspects
related to tax-exempt bond issues. Foley & Judell's bond counsel
opinion on tax-exempt bond issues covers every aspect of state and
federal tax law.
Since the
arbitrage rebate regulations were first made applicable to industrial
revenue bonds in 1984, Foley & Judell has advised its clients as to
procedures and strategies for complying with the rebate requirements
and, where possible, for avoiding arbitrage rebate. Prior to the
release of the rebate regulations, Foley & Judell developed a method for
calculating rebate on floating and fixed rate industrial development
bonds. Since the arbitrage rebate regulations became applicable to
governmental bonds on September 1, 1986, Foley & Judell has continually
advised its governmental clients as to the proper steps and procedures
that need to be taken in order to comply with the rebate rules, as well
as other arbitrage regulations. |
After the initial
details of the rebate regulations were released in February, 1989, Foley
& Judell developed computer software for calculating arbitrage rebate.
This software has been updated and refined to reflect subsequent
revisions to the regulations. Furthermore, Foley & Judell has in-house
staff whose principal responsibility is arbitrage rebate compliance.
Foley &
Judell has the most up-to date and sophisticated spreadsheet software
available on the market, which is used by our in-house programmers to
design the analysis necessary for all types of bond-related matters
including arbitrage-related cash flow analyses. Using our in-house
staff and rebate computer software, Foley & Judell has prepared
arbitrage rebate analyses for a number of our clients, including the
Louisiana Recovery District, the Greater New Orleans Expressway
Commission, the Audubon Park Commission and the City of Slidell.
Additionally, the firm has assisted other clients in setting up rebate
calculation procedures for their own computer systems, including the
City of New Orleans and the City of Alexandria. The rebate calculation
for the Louisiana Recovery District was extremely complex, involving the
computation of yield on variable rate bonds, the application of special
rules for different types of credit enhancement payments, and the
existence of numerous funds subject to rebate. |
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Firm experience
in municipal finance, constitutional law, tax law, securities law, real
estate law, commercial law and bankruptcy law
The
concentration of Foley & Judell in public finance allows the individual
members of the firm to focus on discrete areas of public finance. For
example, Foley & Judell has attorneys who specialize in private activity
bonds, hospital bonds, bonds for non-profit entities, housing bonds,
governmental purpose bonds, and those who specialize in federal tax
matters, together with all aspects of constitutional law, tax law,
securities law, real estate law and commercial and bankruptcy law
applicable to such areas. |
Selection of Foley &
Judell as bond counsel for a transaction does not constitute the
selection of one attorney skilled in matters of public finance nor the
selection of a few attorneys within the public finance section of a
multipurpose firm, but constitutes the selection of a firm proven over
time to be totally dedicated to providing expert and specialized legal
services of the highest quality in the area of public finance and in the
other areas of law applicable to public finance.
One member
of the firm is a former Assistant Attorney General who served as Chief
of the Public Finance Section and in such position was often called upon
to rule on the constitutionality of public finance transactions and
matters of the public fisc. |
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Other legal or financial advisory services provided by Foley & Judell,
L. L. P.
Foley & Judell performs comprehensive legal and coordinate professional
services as bond counsel and, additionally, provides advice when
requested, including assisting local counsel on any bond-related matter
and analyzing solicited and unsolicited proposals for new financings.
The
records and employees of Fiscal Services, Inc. are available to the firm
and its clients. Fiscal Services, Inc. has been in existence for more
than 30 years and during that time has prepared the majority of the
official statements issued in connection with bond issues in the State
as well as several out-of-state issues. It maintains records of all
debt issues in the State including records of debt service requirements
on outstanding bond issues, sales tax collections, ad valorem tax
levies, assessed valuation and audits of major issuers. To its
knowledge, a more complete collection of such financial information does
not exist anywhere else. Like the law firm, its staff is engaged
exclusively in the field of public finance. Such financial advisory
services of Fiscal Services, Inc. as the political subdivision might
request is available on a cost basis. |
Experience in
the development of comprehensive plans for capital improvement projects
and infrastructure development
Foley & Judell has
been the sole advisor to most of the major communities in the State in
connection with the planning and structuring of programs for capital
improvement financings. The firm has provided legal and professional
services on a continuing basis for most of the municipalities in the
State with populations of ten thousand or more.
Such work
has included comprehensive planning and structuring of capital
improvement projects and infrastructure development programs utilizing
general obligation bonds, sales tax revenue bonds, royalty road fund
bonds, utility revenue bonds, limited tax and assessment financings, and
other methods of finance. Some of the notable, larger capital
acquisition and improvement programs for which the firm has assisted in
planning and developing have been for the cities of Shreveport, Bossier
City, New Orleans, Lafayette, Alexandria, Bogalusa, Covington, the
parishes of St. Charles, Terrebonne, Natchitoches and the Lafayette
Public Power Authority. Many of these involved the use of multiple
types of security such as ad valorem taxes, sales taxes, utilities
revenues, front foot assessments, and revenues from contracts. Many
required restructuring of debt and elimination of underlying district
debt with the objective of minimizing taxes or service charges. |
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Minority
participation in the firm
Foley &
Judell has nine partners. Two of the partners are women and one is an
African-American.
Foley &
Judell is committed to affirmative action and equal opportunity
employment, as reflected in the composition of the partnership. The
firm has always attempted to employ persons based on their
qualifications, talents and expertise, regardless of sex, race, age,
national origin or religious affiliation. |
Experience in working with the Louisiana Legislature and drafting public
finance measures for consideration
Each year
the firm's attorneys draft or assist in the drafting of numerous bills
for consideration by the Legislature, covering various areas relating to
public finance. In addition to assisting particular clients, the firm's
attorneys have also drafted legislation on behalf of the Louisiana
Municipal Association and the Louisiana Police Jury Association in the
area of public finance. In fact, the firm has been involved in some
manner in nearly all of Louisiana's bond laws and regularly assists
local governments in the passage of legislation affecting them by
attending committee hearings of the Legislature and providing technical
input for legislators. |
Martindale-Hubbell Law Directory rating
Foley & Judell is
assigned the highest rating of "av" in the Martindale-Hubbell Law
Directory. The "a" constitutes a legal ability rating of very high.
The "v" constitutes a general recommendation rating of very high and
embraces faithful adherence to ethical standards, professional
reliability and diligence, and other relevant factors. |
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