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Jacob S. Falk

Senior Counsel

Jacob S. Falk

Washington, DC

T:+1 202 974 5750

Jake Falk represents clients in the development and financing of infrastructure projects in the United States and abroad. His practice focuses on structuring and negotiating concession, development and financing arrangements for new projects and the refinancing or acquisition of existing facilities.

Jake served in the Office of the US Secretary of Transportation as the Director of the Office of Infrastructure Finance & Innovation where he advised on matters related to transportation financing, including public-private partnerships. At the US Department of Transportation (USDOT) Jake was involved in the development and administration of innovative credit assistance and grant programs, such as the TIFIA, PABs, and TIGER programs.

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  • Education

    JD, Fordham University School of Law, 2002
    BA, cum laude, Yeshiva University, 1999

  • Representative experience
    • Representation of Macquarie Infrastructure Corporation in connection with the procurement of a P3 for the Westchester County Airport, for which Macquarie was recently named the preferred proposer.
    • Representation of Globalvia on the purchase of the concession for the Pocahontas Parkway in Virginia and related financing.
    • Representation of a potential bidder in the procurement for the lease and concession regarding the utility system for The Ohio State University.
    • Representation of Transurban in connection with the procurement for the I-66 managed lanes P3 in Virginia.
    • Representation of Flatiron Constructors and Dragados USA in connection with TxDOT's procurement for the US 181 Harbor Bridge Replacement Project and related closing.
    • Representation of Isolux Infrastructure Netherlands B.V. in connection with the concession to design, build, finance, operate and maintain the I-69 Section 5 Project in Indiana and related private activity bond financing.
    • Representation of a company in connection with equity investments in natural gas-fired power plants in the United States.
    • Representation of a lender in connection with the financing of a ground-mounted solar farm in New York State.
    • Representation of a bidder in connection with Indiana's procurement for its portion of the Illiana Corridor Project.
    • Representation of a lender in connection with the refinancing of the PR-22/PR-5 toll road concession in Puerto Rico.
    • Served as Director of the Office of Infrastructure Finance & Innovation and advised the USDOT on:
      • The expansion of the TIFIA (Transportation Infrastructure Finance and Innovation Act) program for FYs 2013 and 2014, which will provide up to $17 billion of financing for such years.
      • Management of the PABs (Private Activity Bonds) program which allocates $15 billion in tax-exempt financing authority for eligible surface transportation projects and freight transfer facilities.
      • The utilization of Federal credit assistance programs, including TIFIA, PABs and RRIF (Railroad Rehabilitation and Improvement Financing).
      • Management of the $3.6 billion TIGER Discretionary Grant Program, a unique portfolio of performance-based USDOT investments in highway, transit, rail, and port projects.
      • Implementation of the PPP provisions in the 2012 surface transportation reauthorization bill known as MAP-21, including the development of best practices and model PPP contracts.
      • Proposals for reauthorization of the federal government's surface transportation programs and proposals for the development of a National Infrastructure Bank.
      • Implementation of discretionary grant programs managed by USDOT, such as the High Speed and Intercity Passenger Rail Program and the New Starts Transit Capital Program.
    • Representation of a company formed by Brisa and CCR in connection with the concession to operate and maintain the Northwest Parkway Toll Road in Colorado and related financings. This deal was honored as "North American Transport Deal of the Year" for 2007 by Project Finance magazine.
    • Representation of a consortium bidding for the concession to develop, design, construct, finance, operate and maintain the Port of Miami Tunnel Project.
    • Preparation of a report and analysis for a consortium of companies regarding the U.S. toll road industry.
    • Representation of an international geothermal energy developer on an initial public offering and listing on the NY Stock Exchange, and on a $165 million refinancing of power projects through issuance of senior secured notes under Rule 144A and Regulation S.
    • Representation of a bank on the financing of a portfolio of landfill gas-to-energy projects.
    • Representation of multilateral and government-sponsored lenders on project financings.
  • Admissions
    • District of Columbia Bar
    • New York State Bar
  • Publications
    • Publishes quarterly the "US P3 Projects Pipeline"
    • "A Report On The Expanding U.S. P3 Market," December 2014
    • "The US Government Moves to Encourage More P3s," Project Finance NewsWire, September 2014
    • "PPP Update: US Infrastructure Legislation," Project Finance Newswire, April 2014
    • "P3 Update: TIFIA Program Developments (Special Update)," Client Alert, August 5, 2013
    • "More Tolls on Interstate Highways?," Project Finance NewsWire, November 2006
    • "Toll Road Update - State Developments and Private Activity Bonds," Project Finance NewsWire, March 2006
    • "Toll Road Update; Indiana Toll Road; Two Texas Projects; Texas CDAs; Private Activity Bonds;," Project Finance Newswire, March 2006
    • "Toll Road Update - Looking Ahead to 2006," Project Finance NewsWire, January 2006
    • Co-author"Toll Road Update - NAFTA Traffic," Project Finance NewsWire, October 2005
    • "Toll Road Update - State PPP Projects," [Reprinted in Project Finance magazine, October 1, 2005, as "Mix and Match"], Project Finance NewsWire, August 2005
    • "Toll Road Update - New Legislation," [Portion reprinted in EuroWatch, June 15, 2005, as "Toll Roads in the EU"], Project Finance NewsWire, June 2005
    • "Toll Road Update - US Federal and State Initiatives," Project Finance NewsWire, April 2005
    • Co-author, "Private Involvement in U.S. Roads," Project Finance International, September 2004
  • Speaking engagements
    • Jake participates in a variety of conferences and industry events, and as Director of the Office of Infrastructure Finance & Innovation Jake regularly represented DOT as a speaker or presenter, and in meetings with stakeholders, including Congress, state and local governments, and the private sector.