Overview

In serving as bond and underwriter’s counsel, as well as counsel to issuers and borrowers and municipal governments in monetization and P3 transactions, Marc Feller advises governments, trustees, bankers, non-profits and a variety of for-profit entities. More specifically, these transactions include transportation and infrastructure financing (including P3 issues), hospital and other health care, education and other 501(c)(3) financings, solid waste and general obligation bonds, distressed municipalities and economic development project financings. He has worked on numerous derivative transactions, including the tax structuring necessary for integration and termination. Additionally, he has represented bond issuers, taxpayers, and other parties in IRS examinations of municipal bonds. More recently in his career, which spans over 40 years in public finance, Marc has represented a variety of governmental clients in the monetization, through sale or lease, of municipal assets including water/sewer and parking systems. 

Representative Experience

  • Represented the City of Allentown, PA in the development and financing of a sports arena and convention facility and associated economic development projects in a Neighborhood Improvement Zone established under new state legislation. In addition, represented the City in the lease concession of the City’s water and sewer systems generating over $212 million of funds to the City
  • Represented a number of Pennsylvania towns, including the City of McKeesport, Cheltenham Township, Limerick Township, Springfield Township (Mont. Co), Tredyffrin Township, and others in the sale of their sewer systems.
  • Represented Montgomery County, PA in the development, financing, and refinancing of a municipal waste incinerator including structuring the legal framework for waste capture.
  • Served as Bond Counsel in long-term lease financing of Harrisburg and Scranton parking assets.
  • Worked on establishing a subordinate bond structure for the Pennsylvania Turnpike to fund state roads and public transportation projects under Acts 44 and 89. Served as Bond Counsel to the Pennsylvania Turnpike Commission in toll revenue, oil franchise tax, and registration fee financings and currently serves as disclosure counsel and P3 counsel to the Commission.
  • Serves as Bond Counsel to major healthcare and educational organizations and obligated groups involving 501(c)(3) financings and refinancings, including Temple University Health System, Neumann University and the student housing non-profit for West Chester University.
  • Served as borrower’s counsel to a major port owner in Southern NJ for acquisition of a marine port facility in a complex workout scenario.
  • Represents issuers in complex restructurings of defaulted debt including through Chapter 11 proceedings and in forbearance arrangements pre-bankruptcy.
  • Represents issuers in IRS examinations of municipal bonds focusing on arbitrage and rebate issues, GIC analysis, private use, and other matters.
  • Special counsel to underwriter in ongoing refinancings of VA and other facilities leased by private entities to the federal government.

Professional & Community Activities

  • Member, National Association of Bond Lawyers
  • Fellow, American College of Bond Counsel
  • Member, Pennsylvania Association of Bond Lawyers
  • Member, American Bar Association, Tax-Exempt Finance Subcommittee
  • Twenty Year Board Member (retired), U.S. Selective Service System (Montgomery County, PA)
  • Board Member and Trustee, Golden Slipper Club and Charities

Speeches & Presentations

  • Frequent panelists at seminars including the Pennsylvania Association of Bond Lawyers, Pennsylvania Municipal League, Pennsylvania Association of Township Supervisors, and other organizations on public finance and municipal asset monetization topics.

Professional Recognition

  • Selected to The Best Lawyers in America® in the area of Public Finance Law, 2012–2022
  • Super Lawyers, 2004–2021.
  • Public Finance Law “Lawyer of the Year” by Best Lawyers® in Philadelphia2019
  • Public Finance “Lawyer of the Year” for Eastern, PA by Best Lawyers® in Philadelphia, 2014.

Further information on methodologies is available via these links.

Representative Experience

  • Represented the City of Allentown, PA in the development and financing of a sports arena and convention facility and associated economic development projects in a Neighborhood Improvement Zone established under new state legislation. In addition, represented the City in the lease concession of the City’s water and sewer systems generating over $212 million of funds to the City
  • Represented a number of Pennsylvania towns, including the City of McKeesport, Cheltenham Township, Limerick Township, Springfield Township (Mont. Co), Tredyffrin Township, and others in the sale of their sewer systems.
  • Represented Montgomery County, PA in the development, financing, and refinancing of a municipal waste incinerator including structuring the legal framework for waste capture.
  • Served as Bond Counsel in long-term lease financing of Harrisburg and Scranton parking assets.
  • Worked on establishing a subordinate bond structure for the Pennsylvania Turnpike to fund state roads and public transportation projects under Acts 44 and 89. Served as Bond Counsel to the Pennsylvania Turnpike Commission in toll revenue, oil franchise tax, and registration fee financings and currently serves as disclosure counsel and P3 counsel to the Commission.
  • Serves as Bond Counsel to major healthcare and educational organizations and obligated groups involving 501(c)(3) financings and refinancings, including Temple University Health System, Neumann University and the student housing non-profit for West Chester University.
  • Served as borrower’s counsel to a major port owner in Southern NJ for acquisition of a marine port facility in a complex workout scenario.
  • Represents issuers in complex restructurings of defaulted debt including through Chapter 11 proceedings and in forbearance arrangements pre-bankruptcy.
  • Represents issuers in IRS examinations of municipal bonds focusing on arbitrage and rebate issues, GIC analysis, private use, and other matters.
  • Special counsel to underwriter in ongoing refinancings of VA and other facilities leased by private entities to the federal government.

Insights