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KevinMcAuliffe

Partner

"While waiting for Notre Dame to win another championship, I'll continue to enhance the success and profitability of client projects—a much more attainable goal."

Overview

Biography

Kevin serves as Barclay Damon’s Project Development Practice Area co-chair. He has decades of experience defining deal structure and procuring financing and incentives for public- and private-sector clients. His counsel starts with analyzing business plans, and he follows through to the operation of facilities following completion of construction. Typically, with new construction or expansion projects, some form of real-property-tax exemption or control agreement has been obtained, and Kevin represents clients in disputes with state tax departments, including state valuation of real-property assets.

Bar Associations

  • New York State Bar Association
  • North Carolina Bar Association
  • Northern District of New York Federal Court Bar Association
  • Onondaga County Bar Association

Selected Memberships & Affiliations

  • New York State Economic Development Council
  • Saratoga Economic Development Corporation
Experience

Representative Experience

  • Represented the 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 a county and taxing jurisdictions in negotiation, PILOT, and development agreements for the largest wind-farm project in New York State.
  • Represented a local developer in the rehabilitation of a downtown garage, office building, and the expansion of the garage into a historic structure.
  • Represented a developer in the construction of a Syracuse University student-housing complex.
  • Represented a private developer with an industrial development agency and lenders on the Harmony Mills Project in Cohoes, New York.
  • Represented GLOBALFOUNDRIES in NYS 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 NYS tax credits, including original applications, entity-structuring issues, and, where necessary, litigating the right to those benefits in the NYS Tax Tribunal.
  • Represented an independent power producer on real-property-tax assessments and encroachments for dozens of facilities in New York State.
  • Testified before the NYS Assembly Committee during hearings on economic development.

Prior Experience

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

Selected Community Activities

  • Near West Side Initiative, Board of Directors Member
  • Syracuse Stage, Board of Directors Member
  • Catholic Charities of the Roman Catholic Diocese of Syracuse, Former Regional Director
  • City of Syracuse Planning Commission, Former Member

Selected Honors

  • The Best Lawyers in America®: Project Finance Law, 2011–2025
  • Martindale-Hubbell AV Preeminent Peer Review Rated for Very High to Preeminent Ethical Standards and Legal Ability
Knowledge

Selected Speaking Engagements

Selected Media

Selected Alerts & Blog Posts

Featured Media

Alerts

Second Circuit Upholds New York State's Ivory Law, but Holds Display Restriction Unconstitutional

Alerts

$175 Million of Federal Funds Available for Electric Vehicle Chargers in New York State

Alerts

USFWS Issues Final Guidance on Northern Long-Eared Bat and Tricolored Bat

Alerts

IRS Guidance Excludes VA Service-Connected Disability Benefits From Certain Income Determinations for Qualified Residential Rental Projects

Alerts

Second Department: Objective Evidence Required to Establish Trivial Defect Defense

Alerts

NYS Department of Health Issues Consumer Protection Guidance on Payments for Health Care Services

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