Barclay Damon
Barclay Damon

Kevin R. McAuliffe

Kevin R. McAuliffe

Partner

p: 315-425-2875

f: 315-425-8593

icon_email kmcauliffe@barclaydamon.com
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Syracuse Office

Barclay Damon Tower
125 East Jefferson Street
Syracuse, New York 13202

Kevin McAuliffe has decades of experience in defining deal structure and procuring financing and incentives for public and private sector clients. The services provided start with the analysis of the business plan through the operation of the facility following completion of construction. On the majority of his clients’ new construction or expansion projects, some form of real property tax exemption or control agreement has been obtained for the client. During the last decade, the services have expanded to include representation in disputes with state tax departments including state valuation of real property assets.

Kevin is the Chair of the Project Development Practice Area generally operating out of the firm’s Upstate New York offices.

Representative Experience

  • Represented Saratoga Economic Development Corporation during its presentation of the Luther Forest Campus to Intel and AMD. Work included presentations to both companies, calculations of the value of incentive packages being offered, and the creation of new legislation that would support the proposed incentive packages. 
  • Represented a specialty medical group in the creation of a campus, together with a medical office building and surgery center. 
  • Represented county and taxing jurisdictions in negotiation and PILOT and development agreements for largest wind farm project in New York State. 
  • Represented local developer in the rehabilitation of a downtown garage, office building, and expansion of the garage into a historic structure. 
  • Represented developer in the construction of a student housing complex for Syracuse University. 
  • Represented private developer with Industrial Development Agency and lenders on the Harmony Mills Project in Cohoes, New York. 
  • Represented GLOBALFOUNDRIES with regard to New York State grant agreements, Empire Zone benefits, and with the Saratoga County IDA for sales tax exemptions and infrastructure bond financing for the chip fabrication facility in Malta, New York. 
  • Represented more than 100 entities in procuring New York State tax credits, including original applications, entity structuring issues, and where necessary, litigating the right to those benefits in the New York State Tax Tribunal. 
  • Represented independent power producer with regard to real property tax assessments and encroachments for dozens of facilities in New York.

Practice Areas

Education

  • Syracuse University College of Law, J.D., 1976
  • University of Notre Dame, B.A., 1972

Admitted To Practice

  • New York, 1977
  • North Carolina, 1997

Memberships & Affiliations

  • New York State Bar Association
  • Onondaga County Bar Association
  • North Carolina Bar Association
  • New York State Economic Development Council
  • Northern District of New York Federal Court Bar Association
  • Saratoga Economic Development Corporation

Civic Activities

  • Near West Side Initiative, Board of Directors
  • Syracuse Stage, Board of Directors
  • Catholic Charities of the Roman Catholic Diocese of Syracuse, Regional Director, 1987-1997
  • City of Syracuse Planning Commission, Member, 1986-1991

Speaking & Publications

  • "Q&A With Hiscock & Barclay's Kevin McAuliffe," Law360, February 10, 2014
  • "The START-UP NY Program, The Application Processes for Sponsors and Participating Businesses," Webinar, November 2013
  • "Economic Incentives and Tax Controversy Issues," Annual Tax Conference for the Syracuse Chapter of the New York State Society of CPAs, November 2013
  • "Economic Development Incentives in New York," County Attorneys Association of New York, 2012
  • "Annual Update on the Status of New York State QEZE and Excelsior Jobs Program Credits," New York State Society of Certified Public Accountants, Annual Presenter, 2009, 2010, 2011
  • "The Empire Zone: Are Economic Development Incentives Alive in New York State?," New York State Bar Association, Hot Topics in Real Property Law and Practice, November 2009, 2010
  • Testified before New York State Assemby Committee Hearings on Economic Development, 2007, 2009
  • “Wind Turbine Issues,” Jefferson County, New York, January 2007
  • New York State Department of Economic Development, Annual Presenter, 2000-2006
  • “Empire Zones Program: Impact of 2005 Changes,” March 2006
  • “IDA Transaction with Empire Zones Program,” March 2006
  • “New Addition to Empire Zones Program: Regionally Significant Projects,” March 2006

Honors

  • Martindale-Hubbell “AV” Peer Review Rated for Very High to Preeminent Ethical Standards and Legal Ability
  • The Best Lawyers in America, 2011-2018 for Project Finance Law

Prior Experience

  • Hiscock & Barclay, LLP, Partner
  • Green & Seifter, Attorneys, PLLC, Member
  • McAuliffe & McAuliffe, PC

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