Jeffrey M. Pohl

My focus

I have worked on bond issuances for New York State issuers, such as the Dormitory Authority of the State of New York (DASNY), the Empire State Development Corporation, the Environmental Facilities Corporations, and local development corporations. These issuances for the State of New York, 501(c)(3) organizations, and local infrastructure projects included financings such as bonds issued to finance projects using New York’s Property Assessed Clean Energy statute and financings structured as public-private partnerships.

I have advised public entities on a wide array of issues relating to public finance, procurement, corporate governance, open meetings law, and ethics. These matters include the development of policies and procedures pertaining to corporate governance, procurement, and the financing process (including standard financing documentation).

Prior to joining Nixon Peabody, I served as general counsel to DASNY, where I worked on financings for New York state, hospitals, colleges, universities, and local governmental entities and drafted legislation for new financing programs. I advised DASNY regarding workouts involving financially distressed entities for which it had issued tax-exempt debt. I also provided legal services relating to DASNY’s other operations, including procurement, litigation, construction, contract matters, and asset management. I also previously served as deputy counsel to the State Comptroller of New York, where I advised on matters pertaining to state and local finance, municipal law, and procurement.

Looking ahead

An ongoing challenge is assisting state and local governments in financing needed infrastructure projects without further burdening their limited financial resources. Another is helping nonprofit and governmental entities develop affordable financing alternatives for deep energy efficiency and clean energy projects to benefit the entity and assist the State in meeting its goals under the New York State Climate Leadership and Community Protection Act.

Insights

• “Sustainable Project Finance and Development Opportunities for Higher Education,” DASNY Virtual Roundtable, 2020 (presenter/panelist)
• “Restructuring, Workouts, and Bankruptcy,” Bond Buyer's 3rd Annual Healthcare, Higher Education, and Cultural Institution Super Conference, 2011 (presenter/panelist)
• “Legal Services Procurement Opportunities in the State of New York,” Governor David A. Paterson’s E.O. 10 Minority/Women-Owned Business Enterprise (MWBE) Task Force, 2009 (presenter/panelist)