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Economic development initiatives and financial incentives often go hand in hand, as these tools are a critical mechanism for bridging funding gaps and managing both short and long-term project costs.  In order to maximize opportunities and minimize risk by avoiding pitfalls and complying with applicable laws, regulations and timelines, it is crucial to seek guidance from experienced professional advisors when considering the numerous incentives and financial assistance programs available at the municipal, state and federal levels.           

The attorneys in our Financial Incentives & Economic Development Practice Group have a recognized track record of keeping projects moving forward by using our broad knowledge and toolkit of resources to solve problems and tackle complex challenges related to project finance. Our efforts have successfully facilitated business growth and real estate development throughout New Jersey, providing the firm’s clients with a competitive edge in this unique market environment while doing our part to fortify New Jersey’s capacity to retain and expand its vibrant business community. 

The firm’s experience encompasses a wide range of real estate and community development initiatives, including those focused on urban revitalization, downtown redevelopment, transit-oriented communities, renewable energy initiatives, brownfields and environmental remediation, historic preservation, special improvement districts, and affordable housing developments.

The scope of our team’s involvement is comprehensive. We deliver strategic support from initial incentive eligibility counseling through navigating the intricacies of the application process, on compliance matters and reporting requirements, through zealous advocacy in negotiations, to the creative structuring of transactions.  We provide guidance on an expansive range of legal issues, from green building standards to prevailing wage issues to tax-related support.

Clients in this area of our practice have included for-profit and non-profit businesses, real estate developers and redevelopers, property owners, entrepreneurs, investors, lenders, community development entities, and the end-users of industrial, commercial and residential developments. We have represented the interests of New Jersey-based colleges and universities, healthcare entities, manufacturers, and clients operating in the hospitality, transportation and sports industries, among many others. We have also been retained as local counsel by out-of-state national and international clients engaged in New Jersey transactions who are seeking to grow their footprint in the state.    

The Financial Incentives & Economic Development Practice Group assists clients in achieving their business objectives by targeting and leveraging all available avenues of financial assistance. This includes governmental partnerships, subsidized loans and grants, bond financing, income tax credits, property tax abatements and tax exemption programs. We take a multi-disciplinary approach to anticipating and addressing our clients’ needs and goals, drawing upon the experience of colleagues with relevant skills within numerous areas of the firm’s practice, including our Real Estate, Redevelopment & Land Use, Environmental, Corporate and Tax, Trusts & Estates Departments. Our work is further bolstered by our practical expertise in dealing with New Jersey governmental agencies such as the Economic Development Authority (EDA), the Department of Environmental Protection (NJDEP), the Department of Community Affairs (DCA), and the Department of Taxation, and through our working relationships with numerous elected officials throughout the state.

We provide counseling and representation related to a broad array of governmental programs, a number of which were created or modified by the transformative $14 billion New Jersey Economic Recovery Act of 2020, signed into law in January 2021:

New Jersey  

Federal

Public Private Partnerships

The Financial Incentives & Economic Development Practice Group provides counsel to private developers, investors and governmental entities including municipalities, counties, school districts and educational institutions in the formation of public-private partnerships (PPP or P3). These partnerships foster the economic feasibility of many projects through both the availability of bond financing and the eligibility to structure projects in alternative ways under New Jersey’s Public Private Partnership (PPP) laws and regulations. Our work here includes the preparation and negotiation of PPP agreements, applications to the state, project labor agreements, and public-private lease and leaseback agreements, as well as overall counseling related to the negotiation of such partnerships.

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