© 2013 The Texas Lawbook.
By Mark Curriden, JD
Senior Writer for The Texas Lawbook
(October 13) – Two years ago, Bracewell & Giuliani had one public finance lawyer. Today, the firm has 30 attorneys and have clearly built the deepest and most experienced municipal bond practice in Texas.
Last month, Bracewell expanded its San Antonio with the additions of four prominent partners, including the current city attorney and a former city attorney. Those lawyers include:
• Jane H. Macon, who is considered one of the most prominent municipal bond lawyers in West Texas, was San Antonio’s first woman city attorney from 1977 to 1983, and is the chair of Siebert Financial Corporation;
• Michael D. Bernard, San Antonio’s current city attorney whose practice will focus on public finance, energy, and litigation;
• Blakely L. Fernandez, who has served as general counsel to public and private entities in traditional bond financings and corporate financings; and
• William T. Avila, who has closed approximately 1,000 transactions totaling more than $50 billion in aggregate principal amount of municipal bond transactions as bond counsel, underwriters’ counsel, issuer’s counsel, and trustee’s counsel for a variety of public infrastructure and improvement projects.
“Jane is a legend in the public finance and public law arenas,” said partner Ben Brooks, co-head of the public finance practice. “She will definitely help us make a strong mark in the San Antonio and South Texas Region. We have been looking to expand in San Antonio and Jane, Michael, Blakely, and Bill are strong additions, along with Carey Troell who joined us earlier this year.”
The Texas Lawbook interviewed Brooks about Bracewell’s new hires.
Texas Lawbook: How did it come about that these lawyers starting talking with you about joining Bracewell?
Brooks: After Carey Troell joined us in the Spring he made us aware that there were other Public Finance lawyers at Norton Rose might have an interest in moving their practices. As a result, we started visiting individually with both Jane Macon and Bill Avila and things just started coming together. Shortly thereafter we became acquainted Michael Bernard, the City Attorney of the City of San Antonio, and quickly determined that he would be a great fit for us. Additionally, Jane reminded us of Blakely Fernandez, who several of our lawyers had worked with on public/ private finance projects in San Antonio and South Texas.
Texas Lawbook: What do these specific partners bring to the firm that the practice group was missing or needed to add?
Brooks: While all of them have experience in Public Finance, each has had a little different path. Bill Avila is the closest to what most would think of as a traditional bond counsel. His over 20 years’ experience in representing all types of local government issuers as bond counsel and serving as underwriters’ counsel provides us with the hands-on experience we need to better serve our clients in San Antonio and South Texas. His contacts in South Texas are invaluable in helping us grow our practice in that part of the State. Jane Macon is, well “Jane Macon.” She is an icon in not only Public Finance, but public policy, finance, government relations and economic development. She has been the “go to” lawyer for most major projects in San Antonio for the last 30+ years. Everyone knows Jane and Jane knows everyone. Blakely Fernandez has been the managing partner of her own firm and is widely known in San Antonio for her experience on public/ private partnerships. She has both public and corporate experience that will serve our clients in economic development. Michael Bernard’s seven years as the City Attorney of San Antonio gives him a broad prospective in relating to the needs and legal requirements of cities in developing public/ private relationships. His prior experience as a First Assistant District Attorney for Bexar County gives him a unique prospective that will be invaluable to us in providing full legal services to our clients, both public and private.
Texas Lawbook: Are there any other growth areas for the group that you continue to eye? Any additional expansion opportunities?
Brooks: We are always looking for opportunities. With the additions in San Antonio we feel that we have the numbers, the experience and skill sets necessary to serve the needs our clients and are well positioned to add new clients, particularly in San Antonio and South Texas. I do not think it would be surprising for to us to seriously look to expanding our practice outside of Texas, particularly where we have existing offices.
Texas Lawbook: What are two or three big public finance projects your group has recently handled or is handling?
Brooks: We about to complete about to complete our seventh bond issue for Dallas/ Fort Worth International Airport this year, which together with 2012 brings the total to over $4.5 billion in principal amount of bonds for both new construction and refunding for the Airport. Additionally, although not a larger issues, we recently served as bond counsel to the Mission Economic Development Corporation on an issuance of bonds used to finance a portion of the development and construction of a 4 megawatt landfill gas-to-electricity facility in the City of San Antonio. The project will capture methane gas and other gases produced naturally in the landfill and convert them to electricity. Such gases are currently collected by the City and destroyed by flare. The electricity produced by the project will be sold by contract to the City Public Service Board of San Antonio d/b/a CPS Energy, the nation’s largest municipally owned energy utility providing both natural gas and electric service. The project will be owned by Nelson Gardens Energy LLC, which is the obligor on the bonds. The City of San Antonio owns the project site and leased to the obligor the rights to occupy the site and extract landfill gas for use in the project.
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