Herrick lawyers have guided clients through many of New York’s most prominent public-private partnership (P3) transactions. If you are partnering or transacting with the city or state government, you can rely on our depth and time-tested relationships in every area affecting the deal, including real estate, land use and zoning, government relations, environmental law and tax.
Our clients include real estate developers, investors, governmental entities, not-for-profits, lenders and contractors, whom we guide through every phase of the P3 process. We frequently advise on the structuring, negotiation, financing, construction, leasing and operation of P3 projects, and our lawyers often develop and quarterback requests for proposals (RFPs) issued by the New York City Economic Development Corporation (NYCEDC), Empire State Development Corporation, Port Authority of New York and New Jersey, Metropolitan Transportation Authority and other agencies.
In doing so, we provide valuable political and regulatory insights, gleaned from our significant public sector experience. Our P3 team is led by Patrick O’Sullivan, a former NYCEDC head of real estate transactions, who led New York City’s acquisition of Brooklyn Bridge Park and Governors Island from New York State, and subsequently oversaw negotiations for two prominent Brooklyn Bridge Park development sites. Patrick also directed the city’s negotiations for NYU’s Center for Urban Science & Progress in Downtown Brooklyn, Howard Hughes Corporation’s redevelopment of South Street Seaport’s Pier 17, and the Empire Outlets and New York Wheel developments in Staten Island.
Our lawyers regularly assist public and private sector clients with everything from feasibility analyses to transaction closings. We have tackled some of the most competitive requests for proposals involving redevelopment projects and property acquisitions with city and state agencies, and our expertise in each relevant discipline that touches real estate allows us to handle any issue that arises. Whether it’s debt or equity financing, leasing, condominium structuring, bankruptcy or restructuring issues or litigation, we are in a unique position to advise on the path forward.
Land Use and Zoning
Our capabilities span the entire development process — from zoning changes, special permits, variances and related entitlements to development rights transfers and matters involving historic and landmark preservation issues. Members of our group have previously served in the New York City Department of City Planning, NYCEDC, the Board of Standards and Appeals, and the Landmarks Preservation Commission. This significant public sector experience helps us aid in government interactions, provide political advocacy, assist with obtaining approvals, and represent clients in large-scale development projects that fall under the New York City Uniform Land Use Review Procedure (ULURP).
Our government relations group provides clients with strategic political insights and advocacy. If you're dealing with complex procurement issues or need advice regarding government action or inaction – we are poised to help and have a long track record of success.
Real estate owners, developers, lenders and other commercial interests rely on our significant experience in environmental counseling, enforcement and litigation, and our ability to efficiently resolve environmental impediments that can stand in the way of completing a transaction. Our work often involves distressed sites with complex issues, such as abandoned or underutilized state and federal Superfund sites. Beyond the legal and regulatory issues, we understand the concerns of public and private stakeholders at the deal table, and maintain productive relationships with governmental regulators, all of which helps us effectively move deals forward.
Our tax attorneys advise on the full breadth of tax-related considerations, including issues stemming from real property transfer taxes, 1031 exchanges and other tax-deferred disposition strategies. We also provide tax services for real estate joint ventures, real estate funds, project financings, property development and conversion, commercial foreclosures, construction loans and commercial leasing.