Noah M. Lebowitz

What do you focus on?

My practice focuses on assisting clients with financing a wide variety of projects, including infrastructure and capital improvements for state and local governments, transportation, K-12 and higher education, student loan securitizations, public power systems, facilities for nonprofit organizations, and multifamily housing. In addition to negotiating and drafting the underlying finance and disclosure documents for public finance transactions, I counsel clients with respect to evolving regulatory developments involving primary and secondary market disclosures.

What do you see on the horizon?

The COVID-19 pandemic and resulting financial difficulties and uncertainty faced by issuers of municipal securities will further increase investor demand for thorough and timely market disclosure, as well as enhanced regulatory scrutiny by the Securities and Exchange Commission. The breadth and timeliness of such disclosures should be carefully considered in order to give investors a fair and accurate portrayal of an issuer’s current financial condition and expectations for future performance. The unprecedented scale of the pandemic can have a debilitating effect on issuers when determining how to draft disclosure documents while facing so many unknowns. We have the unique experience to assist issuers in attacking these challenges head-on.

Representative experience

• Bond counsel and disclosure counsel to the Metropolitan Washington Airports Authority in connection with the issuance of Dulles Toll Road Revenue Bonds to finance transit projects
• Bond counsel to Loudoun County, Virginia, and the Economic Development Authority of Loudoun County in connection with the issuance of general obligation and revenue bonds to finance infrastructure and government facilities projects
• Disclosure counsel to the State of Rhode Island in connection with primary and secondary market disclosures
• Representing numerous banks in connection with the direct purchase of tax-exempt and taxable bonds and establishing lines of credit to finance higher education and K-12 school projects
• Bond counsel to the Rhode Island Student Loan Authority in connection with student loan securitizations

Selected Publications

• “SEC releases coronavirus (COVID-19) disclosure guidance for issuers of municipal securities,” Nixon Peabody Client Alert, May 11, 2020
• “Clayton calls for meaningful coronavirus (COVID-19) disclosure,” Nixon Peabody Client Alert, April 15, 2020
• “SEC staff releases antifraud guidance for public statements made by issuers of municipal securities,” Nixon Peabody Client Alert, February 14, 2020
• “SEC adopts Amendments to Rule 15c2-12 to add events for which notice must be provided,” Nixon Peabody Client Alert, August 27, 2018
• “Demand for Esports-Friendly Venues to Grow,” GlobeSt.com, February 22, 2018