Financing Public-Private Partnerships for Infrastructure Assets

Mitigating Legal Risks and Anticipating Tax Consequences of PPP Deals

Recording of a 90-minute premium CLE webinar with Q&A

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Conducted on Wednesday, June 6, 2012

Recorded event now available

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Course Materials

This CLE course will provide guidance for counsel structuring financing for public-private partnership infrastructure projects. The panel will offer best practices for allocating legal risk and will also analyze critical tax planning strategies when structuring the deal.


Public-private partnership (PPP) financing of infrastructure projects is now a multibillion-dollar market. In 2011, a record number of infrastructure funds targeted $85.8 billion in investor commitments.

PPP deals involve complex financial instruments and financing techniques, requiring specialized legal knowledge. PPPs are also fraught with risks such as high upfront costs, ongoing maintenance expense, and potential breach of contract issues.

There are unique tax consequences of PPP deals that must be considered prior to the bidding process. Counsel must consider the tax attributes of various concession structures at the onset of the project.

Listen as our panel of project finance attorneys examines the key legal issues that arise in financing PPP deals and provides their insights and best practices for financing PPP infrastructure projects.



  1. Key legal issues in structuring the deal
    1. Statutory authorization
    2. Concession structures
    3. Appropriation of risk
  2. Allocation of risk
    1. Status of state entity
    2. Transaction structures
    3. Preexisting conditions
    4. Performance standards
    5. Remedies and termination
  3. Concessionaire tax considerations
    1. Project level
    2. Investor/equity
    3. State and local taxes


The panel will review these and other key questions:

  • What are the unique authorization sources for PPP infrastructure projects?
  • What legal risks should counsel anticipate when structuring PPP deals?
  • What are some best practices for concessionaires to minimize the legal and business risks of PPP deals?
  • What are the unique tax consequences for concessionaires and how do these consequences affect the concession structure?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Linda E. Carlisle
Linda E. Carlisle

White & Case

She focuses on PPPs and infrastructure transactions, and is one of the foremost practitioners in this area. She advised...  |  Read More

Joel H. Moser
Joel H. Moser

Kaye Scholer

He focuses his practice on the planning, development, acquisition, financing, refinancing, operation and sale of energy...  |  Read More

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