Bringing deep experience in industry and government, O’Melveny works with clients on a range of complex and often high-profile matters integral to a project’s success. Our familiarity with project financing and Public-Private Partnerships (P3s) gives us a comprehensive perspective that creates efficiency at every project milestone—strategizing to achieve overall objectives, developing viable deal and payment structures, running effective procurement processes, and shepherding transactions to completion.
Our innovative, collaborative approach has helped our clients achieve their goals on more than 300 infrastructure-related projects in more than 40 countries around the world. Our project development team is composed of lawyers with extensive experience in a broad range of practices, including project finance, mergers and acquisitions, municipal finance, acquisition finance, tax, real estate, governmental affairs, and regulatory oversight.
We counsel all industry participants—including public and private owners, equity and other investors, operators, project sponsors, developers, pension funds, investment and commercial banks, institutional lenders, and government entities—on project development, financing, construction, environmental, real estate, operations, and permitting matters involving the development of infrastructure and real property assets in the US and abroad.
- Aviation and airports
- Cultural and education facilities
- Energy—including clean and renewable, as well as fossil-fueled, nuclear and other conventional sources
- Health care properties
- Hospitality projects
- Manufacturing and other industrial facilities
- Mass transit
- Master-planned communities
- Mixed-use developments
- Oil and gas, resources and mining, including LNG
- Ports, maritime transport, shipping, and logistics
- Public-Private Partnerships
- Rail and railroads
- Residential development and finance
- Retail projects
- Roads and other surface transportation
- Stadiums and arenas
Represented this subsidiary of the Academy of Motion Picture Arts and Sciences in the development and construction of the US$400 million Academy Museum in Los Angeles.
O’Melveny client Avports LLC came to an agreement with Tweed New Haven Airport Authority on terms to embark on a landmark public-private-partnership encompassing long-term operation and major upgrades of the airport in New Haven, Connecticut. Avports also came to agreement with Avelo Airlines—America’s first new mainline airline in nearly 15 years—to make Tweed its first East Coast base. Avelo has already commenced operations at Tweed, offering nonstop scheduled service to more destinations than Tweed has previously been connected with, and is expected to add even more service as improvements are made under the P3 arrangement. In the first phase of upgrades, Avports will renovate the existing terminal at Tweed, make other infrastructure improvements, and pursue an environmental assessment for a runway extension and new terminal. The second phase of upgrades, requiring approvals from the FAA, calls for Avports to design, build, finance, and maintain a brand new passenger terminal at the airport and lengthen the existing runway to allow for more direct flights to more destinations. Additionally, under the P3 arrangement, Avports will operate and manage the airport for a period of 43 years. In exchange, Avports will have the right to earn ongoing revenues from the facilities.
Helping client acquire a wind farm in Texas to use the farm’s electrical infrastructure to power bitcoin-mining operations.
Represented a consortium consisting of Vantage Airport Group, JetBlue, American Triple I, and RXR Realty in an agreement to build, finance, and operate a new US$4.2 billion passenger terminal at New York’s John F. Kennedy International Airport (JFK).
The financial close of the deal was announced on November 17, 2022.
The terminal, to be named Terminal 6, will be built as an extension of JetBlue’s existing JFK Terminal 5 and will eventually span across the entire site now occupied by JFK Terminal 7.
JFK Millennium Partners LLC, a joint-venture project company formed by the consortium, assumed operation of Terminal 7 on December 1, 2022, and began a multi-year demolition and construction process for the new Terminal 6.
Our team continues to assist with general post-closing support, operational, and finance matters as the construction process begins.
Representing LAX Community Partners, LLC (LACP) regarding master development of cargo facilities and operations at Los Angeles International Airport. LACP is a partnership between Earvin "Magic" Johnson’s company JLC Infrastructure and Realterm. O’Melveny assisted the client with the successful May 2023 project award and pre-development agreement close. Current representation involves negotiation and advice regarding contracts related to pre-development stage activities and other consortium matters.
Advised the Port of Oakland, the third busiest port on the US West Coast, in developing, negotiating, and implementing a first-of-its-kind public-private partnership: a 50-year concession for a series of shipping berths in the Port’s Outer Harbor Terminal area. We also advised the Port in connection with a separate proposed concession to redevelop its portion of the former Oakland Army Base into an intermodal rail transportation center supporting the Port’s maritime terminals and facilitating the movement of container cargo into and out of the Port. Additionally, we represented the Port in its efforts, together with the San Francisco, California Bay Area Rapid Transit (BART) system, to develop an aerial “connector” guideway between Oakland International Airport and a nearby station on a public-private partnership basis.
Working with the master developer on the US$5 billion redevelopment of a portion of the Port of San Diego, which will include an aquarium, an observation tower, and a resort.
Advised the Puerto Rico Public-Private Partnerships Authority (“P3A”) on a long-term concession granted by the Puerto Rico Highways and Transportation Authority (“PRHTA”) to Spanish infrastructure operator Abertis Infraestructuras, S.A. (“Abertis”), pursuant to a US$2.85 billion concession agreement under which Abertis will have the responsibility for operating, maintaining, and improving four existing toll roads extending across the Commonwealth of Puerto Rico for the next 40 years. The agreement was announced on October 17, 2023, and reached financial close on December 14, 2023.
Representing Sepulveda Transit Corridor Partners (STCP) in connection with its pre-development agreement with, and its bid for a long term-concession from, the Los Angeles Metropolitan Transportation Authority for the design, construction, and operation of a heavy-rail transportation line between the San Fernando Valley and the Westside of Los Angeles. This project represents a once-in-a-generation opportunity to remake the transit landscape and reduce congestion on one of the most heavily travelled corridors in the country.
Working with the State of Hawaii to redevelop Aloha Stadium, the state’s premier sports and entertainment facility. When complete, the project is anticipated to include a new stadium plus 2.5 million square feet of mixed-use development next door, including hotel, office, and commercial spaces.
Winner of the “P3 Financing Deal of the Year” Award
—Bond Buyer (2023)
Ranked Tier 1 Project Development: Infrastructure and Tier 2 Project Finance
—International Financial Law Review U.S. Law Firm Rankings (2023)
O’Melveny “offers clients a strong bench…wins praise for its work on big-ticket PPP offerings…highly experienced and exceptional transactional manager”
—Consistently ranked by Chambers USA among top firms for public-private-partnerships
Four-time Winner, Project Finance Group of the Year
—Law360 (2016, 2017, 2020, 2021)
O’Melveny is “behind many of the country’s largest infrastructure and energy projects rising up today”
—Law360, on awarding O’Melveny & Myers its Project Finance and Transportation Practice Groups of the Year award (2020)
“In a year marked by uncertainty, O’Melveny produced successes in infrastructure work and in the energy space”