BLOG
BLOG
The 45-day letter and State utility loans
We’ve written before about the requirement to send a notice to the “Joint Legislative Committee on Local Government,” with that notice due 45 days before the LGC considers a borrowing. It’s come up recently that not everyone is aware that requirement applies even when...
Five ways you can mess up your financing, before we’ve even heard about it
Bond lawyers and financial advisors clamor to be included in discussions about a financing project as early as possible. Sometimes you as a local government can take early steps on a project that will complicate your financing process. Bringing us in as soon as you...
Five Things to Remember about Your Private Partner When Starting a Public-Private Partnership
Your private partner is not your friend. They may all be nice people, and they may have a friendly demeanor in your meetings -- but they are not in your community to do you a favor. You need to look out for yourself, and be sure to verify everything they tell you....
NC Supreme Court finds no attorney-client privilege in internal investigation records that aren’t for “giving or receiving legal advice”
In Buckley, LLP v Series 1 of Oxford Ins. Comp., the North Carolina Supreme Court (per curiam) upheld a Business Court decision finding that records of an internal company investigation, even if carried out by an attorney, are not necessarily protected by the...
Public Records and Lawyer Confidentiality – Potential Changes
We have written previously (here and here) about the relationship between public records and a lawyer’s duty to maintain confidentiality for clients. As we’ve written, just because something is a public record, that doesn’t mean it’s not confidential information in...
Assembling land for local economic development – two local government case studies
Over the last few months, we have worked as bond counsel with two towns that wanted to assemble land for economic development, and that needed to borrow money to pay for the land. The towns took different approaches that illustrate the flexibility available for this...
The “Black Tax” in the municipal bond world
Most of us have heard of the “Black Tax,” a shorthand reference to the ways that the structure of our society and economy imposes extra financial burdens on Black folks. It shows up even in our lovely little world of municipal finance. Black Tax: Evidence of Racial...
Project Highlight – “Heart of Fletcher” in the Town of Fletcher
We have been working as special counsel to the Town of Fletcher to facilitate a public-private partnership to redevelop the Heart of Fletcher downtown area. Our team, led by Ashley Anderson, has worked with the Town Manager, Assistant Town Manager, and...
“Bond Referendum Transparency” is now the law
We wrote previously about North Carolina legislation proposed last year that proposed changes to the rules for authorizing general obligation bond referenda under the guise of “bond referendum transparency.” Those provisions have now been enacted into law, with no...
SB 473, elected officials on nonprofit boards – an explainer on what’s covered and how to comply
As of January 1, 2022, elected officials may not participate in making or administering contracts to nonprofit organizations with which they are associated. This prohibition is part of SB 473 which aims to prohibit conflicts of interest among local...