Public-Private Partnerships: Framework, Trends and Updates
Well-designed Public-Private Partnerships (PPPs) can provide efficient solution to address the challenges in delivering and managing public services and infrastructure. While various opportunities drive the success of PPP contracts, there are also risk factors that can compromise projects. Both private investors and public entities must understand these opportunities and risks before taking concrete actions to pursue a PPP.
Join a panel of key thought leaders and industry experts assembled by The Knowledge Group as they bring the audience to a road beyond the basics of Public-Private Partnerships. The speakers will provide insights into the drivers of successful PPP contracts, the risk factors associated with such agreements and the need for systematic revision of legal and policy paradigms to address resources, risks and decision-making. They will also offer best practices in negotiating PPPs and procuring successful PPP initiatives.
In a LIVE Webcast, the speakers will discuss:
- The Merits and Risks of PPP
- Evaluating the Feasibility of a PPP Project
- Selecting and Negotiating with Prospective Partners
- PPP Under the Trump Administration
- Regulatory Forecast and Industry Trends
Paul A. Cunningham, Partner
Harkins Cunningham LLP
P3s – Given the highly diverse state of P3 development regimes at national, state/provincial, and local levels of government, there are three paths to improving development opportunities and outcomes.
- Opportunistic ad hoc development whatever the governing regime. Which is how most major projects seem to get done despite enormous efforts underway in pursuit of the second approach.
- Enhance the governing regimes in pursuit of orderly, risk reducing, investment attracting policies and practices.
- Re-thinking the required regime at every level.
My comments will be directed to the last, with emphasis on public infrastructure development in the United States.
- The law governing the development of public infrastructure in the U.S. does not systematically aim for the most efficient, harmonized, approach to furthering the common good through optimal use of the public and private resources available forpublic infrastructure.
- The “system” is broken, or more accurately, it is not a system in any meaningful sense.
- The results are material: Staggering inefficiency and enormous lost opportunities to improve services, stimulate growth, and accommodate sound environmental, social and governance practices ("ESG” factors).
- What does it takes to make and apply rules (PLRD = policy, law, rules and decisions) that will reverse these losses? To assure resources are allocated to balance risk, optimize efficiency, and ESG factors?
- The question is ultimately how we want to govern our economic life. But it’s a little more manageable, a little easier to imagine an answer, when we consider how best to pursuepublic infrastructure development.
- That requires thinking beyond P3, which is an unfortunately constraining label, to identify the goals of public infrastructure development and the PLRD required to achieve them.
- (How? To be explained).
W. Thomas Barlow , Partner
- The Merits and Risks of PPP
- Risk allocation generally
- Policy and Legal Changes
- Public Support and Political Champions.
- Canadian best practices
- Procurement principles
- Evaluation framework and timing
Jong Sook Nee, Esq., Member
NP Law LLC
- Cost v. value evaluation for P3. All P3’s include aspects of risk transfer as well as economic benefit transfer. The valuation of these transfers and is a critical component when determining whether a P3 is appropriate for a given project.
- P3 are also being used in creative ways, beyond your typical large scale infrastructure projects. There are creative ways to consider use of P3 in economic and social impact development.
- Best practices and practice tips on what criteria to consider for selecting prospective partners. The vetting process at all levels can be an important one for both parties.
Paul Cunningham advises and represents business and governmental enterprises to maximize opportunities and minimize risks in changing regulatory environments. He has been a leader in designing and implementing business, investment, legislative, administrative, judicial, negotiating, and public communications strategies in a range of industries, including transportation, energy, telecommunications, insurance, and water. The development, operation, bankruptcy, reorganization, growth by acquisition and combination, and the economic and environmental regulation of network industries have been principal subjects of his professional attention since 1972. In addition to deep experience in these legal spheres, Paul’s competitive advantage is his mastery of the intersection of network economics and regulation.
Paul Cunningham advises and represents business and governmental enterprises to maximize opportunities and minimize risks in changing regulatory environments. He …
Tom is Chair of Fasken Martineau’s international Infrastructure and Public-Private Partnerships Group. Tom has advised on project finance transactions, procurement, and on alternative financing and alternative service delivery projects since the earliest PPP projects in Canada in transportation, energy, government facilities, healthcare and other social infrastructure, justice and correctional institutions and other sectors. He has represented proponents, consortia, constructors, lenders and other private sector project participants, as well as authorities in multiple jurisdictions at the federal, provincial and municipal government levels. He has acted and provided advice on a number of significant alternative financing and alternative service delivery projects in various sectors, which are among the over 30 award winning P3 projects in Canada on which we have that have received awards from The Canadian Council for Public-Private Partnerships (for the public or private sectors)—several of which have been recognized internationally as Deals of the Year.
Tom is Chair of Fasken Martineau’s international Infrastructure and Public-Private Partnerships Group. Tom has advised on project finance transactions, procurement, …
Jong Sook has developed her practice in various fields, including commercial lending and banking, public finance, tax exemptions, governmental law, commercial leasing, housing, land use and public private partnerships. These disciplines have allowed her to develop a comprehensive understanding of development finance from multiple perspectives. In addition, she has served two state governors offering policy and legal advice on state issues affecting all aspects of life, including affordable housing, universal healthcare, statewide planning and economic development incentives. Using her past experience in state government and working with local governments, Ms. Nee can provide a balanced insight into governmental policies and procedures.
Ms. Nee combines her years of experience to hone a practice that can creatively address the many issues that impact development across the spectrum, from land use approvals to federal tax credit financings. Since no two projects are alike, no two solutions have to be. Ms. Nee has developed expertise in the fields of redevelopment, real estate finance and public-private partnerships which has provided her with an insight into comprehensive development financial planning. From modest commercial loan closings to complex tax credit take-out financing with multiple lenders, NP Law can structure a solution.
Ms. Nee works closely with Lillian A. Plata to structure holistic financial frameworks that service the immediate financial needs, as well as any future tax or financing interests that could be impacted. Ms. Nee takes a holistic and proactive approach to client projects to help ensure the success of all projects, large and small.
Ms. Nee received her Juris Doctorate - cum laude from University of Illinois – College of Law in 1998, and her Bachelor of Arts in Psychology from Washington University in St. Louis in 1994. Ms. Nee is admitted to practice law in the State of New Jersey and the State of Illinois.
Jong Sook has developed her practice in various fields, including commercial lending and banking, public finance, tax exemptions, governmental law, …
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Method Of Presentation:
Experience in public finance and business development
NY Category of CLE Credit:
Areas of Professional Practice
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About Harkins Cunningham LLP
Harkins Cunningham LLP’s Washington, DC practice is focused on resolving complex economic, finance, and competition issues before Federal and State administrative agencies, Federal appellate courts, and Congress, Complementing these functions, our project consultancy specializes in economic and business strategy issues facing highly regulated and public infrastructure industries
About Fasken Martineau
Fasken Martineau’s Infrastructure & PPP Group provides experienced legal advice and award-winning expertise from offices in Canada, South Africa and London. Recognized nationally and internationally including as Legal Advisor of the Year by Ai Africa Investor and North American P3 Legal Advisor of the Year (P3 Bulletin), our multi-jurisdictional team provides public and private sector clients with a full range of legal services in all models of project/service delivery and project finance, combining international best practices with on-the-ground expertise. Often retained for first projects in new jurisdictions and sectors, many of our projects have been recognized with awards for innovation and excellence in Canada and internationally.
Fasken Martineau is a leading international business law and litigation firm.. Today we have eight offices with more than 700 lawyers across Canada and in the UK and South Africa. and others.
About NP Law LLC
Nee Plata Law LLC is a minority and women-owned law firm with expertise in the fields of redevelopment and structured finance. Our attorneys have over 30 years combined experience assisting clients in finding creative solutions to advance their development finance goals. We are leaders in tax credit financing working with clients on the best ways to leverage both public and private sources of financing. NP Law focuses on getting to a “yes” under the law and being an innovative partner with all of its clients.