News
May 19, 2021Christopher Canada and Charles Malcomb Appointed As Co-Chairs of Hodgson Russ Public Authority Practice
Recently named as co-chairs of the Public Authority Practice at Hodgson Russ LLP, Christopher Canada and Charles Malcomb lead a diverse team adept at assisting public authorities in navigating the myriad of complex issues faced in carrying out their missions.
Public authorities have long served as essential providers of governmental services and economic development in New York State. Running the gamut from roads, bridges, and airports to transit, solid waste, utilities and power generation to businesses in your community, public authorities serve as the backbone of both essential infrastructure and economic development – often in a manner that goes unnoticed.
“It’s easy to take for granted the critical services provided by public authorities across New York State,” said Christopher Canada, practice co-chair. “However, as wide-ranging as the community benefits provided by public authorities are, so too are the complex statutes and regulations that pertain to their operations, governance and economics. When you work as closely with public authorities as our team regularly does, you gain a genuine appreciation for how important these entities are to our everyday lives.”
For decades, Hodgson Russ has acted as a trusted advisor to public authorities across New York State, serving as agency counsel, bond counsel, corporate counsel and litigation counsel. In such roles, the firm’s attorneys have guided financings, drafted policies and assisted in nearly every aspect of public authority legal compliance – including successfully litigating on their behalf. Services provided by the firm include agency governance, public finance, bidding and contracting, regulatory compliance and oversight, negotiation and preparation of contracts, litigation, project management, ethics and conflicts guidance and labor and employment matters.
“A regulatory or statutory change relating to public authorities has a ripple effect across the spectrum of services they provide – as well as often imposing an additional layer of compliance on their staffs,” Canada said. “Given the level of scrutiny faced by public authorities from the Authorities Budget Office and the Comptroller’s Office today, the depth of our experience and the practical insights gained over the years make our attorneys uniquely suited to assist public authorities in navigating what can often be treacherous waters.”
Public authority clients include industrial development agencies, transit authorities, energy-related authorities, state and regional development authorities, international bridge commissions and other unique entities. Recent Hodgson Russ accomplishments in the public authority space include:
• obtaining a reversal from the Court of Appeals on behalf of an industrial development agency, limiting the agency’s liability for actions on an agency project,
• guiding public authority review on dozens of renewable energy projects, including some of the largest projects in the Northeast,
• defended an industrial development agency in a precedent setting case establishing the agency’s authority to deny benefits for a project,
• defense of a public housing authority in a contractor lawsuit and pursuit of counterclaims,
• advising public authorities on prevailing wage and Buy American requirements,
• guiding the establishment of multiple public authorities from drafting enabling legislation through creation of governing documents, negotiating contracts, and securing financing,
• assisting an IDA in obtaining a former GE building and its reuse by local manufacturer, and
• negotiating a public-private partnership for a transportation authority bus garage.
“These examples illustrate a small sampling of the varied types of expertise needed to effectively serve public authority clients,” said Charles Malcomb, practice co-chair. “As the regulatory structure continues to evolve, so have our skill sets as we help clients plan for the future. Hodgson Russ has a deep bench of attorneys who’ve practiced in this space for decades and mentor our strong group of younger associates who add new perspectives to the work being done in this area. The combination of knowledge, experience and innovative thinking is what sets us apart. ”
To learn more about our Public Authority team and experience, visit https://www.hodgsonruss.com/practices.html.
