Kelley Drye’s Site Selection lawyers have extensive experience assisting clients with locating desirable sites for new business operations and securing the most advantageous financial terms and inducements. The firm has a reputation for helping clients complete projects within their project schedules, with highly attractive incentives, and with finely tuned agreements that stand the test of time. Kelley Drye has helped leading companies like Mercedes-Benz and Airbus launch new projects in the United States, in most cases with a maximized number of incentives. With Kelley Drye, you work with a team that stays on the cutting edge of legal issues relating to site selection, incentives, negotiating strategies and the delicate political contexts that accompany large-scale projects. Your Kelley Drye team draws on the firm’s extensive legal resources to get deals done expeditiously, efficiently and with the insights needed to launch new operations under the most favorable circumstances.
Kelley Drye’s site selection lawyers provide clients with:
- Maximized Incentives and Financing Agreements – The Kelley Drye team applies its creativity and experience to help clients achieve the most advantageous financial agreements as part of their site selection. This includes the development of strategies designed to enhance competition among the several states and localities under consideration combined with seasoned negotiation skills to deliver the most attractive deal both for today and down the road.
- Experience that Creates Efficiency – Kelley Drye has been assisting a broad range of clients with site selection projects since 1993, so the firm has developed a comprehensive checklist of tasks and time-tested contracts that are tailored to clients’ needs swiftly and efficiently.
- Comprehensive, Solid Agreements – The team has the experience to anticipate the range of issues that arise in the site selection process. As such, our lawyers are able to appropriately advise our clients in anticipation of negotiations, including crafting agreements that are highly detailed and legally enforceable, addressing specific state technicalities, and preventing the need for renegotiation – thus saving clients time and money.
- End-to-end Services – Kelley Drye’s site selection team helps clients select a site; negotiates and seals the agreement; assists with planning the implementation; then oversees the legal aspects implementation. This end-to-end approach helps to ensure that project plans are crafted so they can be executed within the desired timeframes and with the best achievable results. Many projects have a financing component or require the issuance of bonds. Kelley Drye lawyers are experienced with and able to assist our clients with the negotiation and documentation of these types of programs.
- Well-Managed Local Counsel – The firm works closely with law firms in many states, which provides clients with prompt access to local information and comprehensive advice during the site selection process. When site finalists emerge, Kelley Drye can identify firms situated in these locations to provide clients with precise insights into relevant local questions.
- Unbiased and Independent Advice – Unlike many local law firms who may have distinct ties to their respective state agencies and municipalities that could influence their perceptions and negotiating positions, Kelley Drye has no allegiance to any particular state or city, so its lawyers have only the client’s interests in mind as they negotiate for the best site and deal.
Representative Experience
Mercedes-Benz – The client retained Kelley Drye to help them secure a site for a new U.S. manufacturing facility to produce its M-Class SUV. Beginning with 16 potential sites in 16 states, the firm’s lawyers worked with the client to analyze legal issues and conduct preliminary meetings with representatives of the competing states. Kelley Drye assisted with direct negotiations with three finalists, until a deal was struck with Alabama, which awarded Mercedes what was then the largest incentive package ever obtained for a new manufacturing facility in the United States.National Steelcar Limited – This Canadian based client chose Kelley Drye to represent them as they sought a site for a new state of the art railcar plant in the United States. The firm’s lawyers helped to negotiate and draft agreements which included a potential cash incentive of $98 million along with a sizeable package of tax and “in kind” incentives.
Airbus and EADS North America – The clients selected Kelley Drye to assist with their plans to locate and build an aircraft assembly plant in the Southeastern United States. The firm assisted in negotiating and drafting complex agreements which both included a detailed incentive package and contingency provisions relating to when the new facility might be established.
