Phillip C. Gildan

Phillip C. Gildan

Shareholder

Phillip C. Gildan has wide-ranging experience in publicly owned utilities, public infrastructure development, financing, public/private partnerships (P3s), municipalization and privatization of public infrastructure, utility rate making, mergers and acquisitions, and counseling a variety of industries on strategic, business, finance, governance, and transactional matters. Phillip's industry experience focuses on public proprietary infrastructure businesses, covering the full range of revenue-producing publicly owned assets.

Concentrations

  • Public/Private Partnerships – Joint Public/Private Projects
  • Public utilities (electric/ natural gas/water/sewer/stormwater/solid waste)
  • Infrastructure privatization / municipalization
  • Public Infrastructure Construction/Finance/Procurement
  • Government Special Purpose Enterprise representation
  • DBO, BOT, BOO, BOOT, LTL, JV, Concession Projects

Kompetencje

Doświadczenie

  • State of Alaska
  • City of Portland, Oregon
  • City of Austin, Texas
  • City of Philadelphia/Philadelphia Gas Works
  • County Utilities (Palm Beach, St. Lucie, Martin, Hillsborough, Florida)
  • City Utilities (Hollywood, Sunrise, Riviera Beach, Stuart, Florida)
  • Utility Authorities (ECR, SMRU, Seacoast, FEPA)

For each of these projects, Phillip Gildan served as counsel for the public utility owner (except where noted), and handled the negotiation, project finance, corporate, real estate, and transfer legal issues:

  • Palm Beach County Acquisition of Pike Utility System
  • Palm Beach County Acquisition of Regional Utility System
  • Palm Beach County Acquisition of South Palm Beach Utility System
  • Palm Beach County Acquisition of Meadowbrook Utility System
  • Palm Beach County Acquisition of Century Utility System
  • Palm Beach County Acquisition of UDC Utility System
  • Palm Beach County Acquisition of System No. 5 Inc. Utility System
  • Creation of Seacoast Utility Authority (5 government joint enterprise)
  • Seacoast Utility Authority Eminent Domain/Acquisition of Seacoast Utility Inc. Utility System
  • Creation of the East Central Regional Utility Authority (5 government joint enterprise)
  • East Central Regional Authority Acquisition of City of WPB Regional Wastewater Facility
  • North Beach Water Company Sale to Indian River County (Counsel for Private Utility)
  • Sea Oats Utility Company Sale to Indian River County (Counsel for Private Utility)
  • Sebastian Utility Sale to Indian River County (Counsel for Private Utility)
  • Martin Downs Utility Sale to Martin County (Counsel for Private Utility)
  • Creation of Tri-Southern Utility
  • Tri-Southern Utility Sale to Town of Jupiter   (Counsel for Private Utility)
  • St. Lucie County Eminent Domain/Acquisition of GDU Water/Wastewater/Gas Utility
  • St. Lucie County Sale of Utility to City of Port St. Lucie
  • St. Lucie County Acquisition of North Hutchinson Services Utility System
  • St. Lucie County Acquisition of Bryn Mawr Utility System
  • St. Lucie County Creation of South Hutchinson Island Utility
  • St. Lucie County Acquisition of J & J Utility System
  • St. Lucie County Acquisition of H.E.W. Utility System
  • Charlotte County Eminent Domain/Acquisition of GDU Water/Wastewater/Gas Utility System
  • Charlotte County Transfer of Peace River Water Plant to Manasota Authority
  • City of Atlantis Acquisition of Atlantis Utility System
  • Julington Creek Utility Acquisition of GDU Utility
  • City of Sunrise Acquisition of utility facilities from Indian Trace CDD
  • Atlas Utility Sale to City of Lake Worth (Counsel for Private Utility)
  • City of Sunrise Acquisition of South Broward Utilities system
  • Creation of St. Lucie County Water and Sewer Authority
  • Town of Jupiter Island Acquisition of Hobe Sound Utility system
  • Town of Jupiter Island Acquisition of Hydratech Utility system
  • Town of Jupiter Island Acquisition of Eaglewood Utility system
  • Sale of Mangonia Park Utility to Town of Mangonia Park (Counsel for Private Utility)
  • City of Sunrise Sale of Utility System to City of Pembroke Pines
  • Acquisition of FEA Utilities by Town of Jupiter Island
  • Florida Cities Utilities Systems Divestiture (Counsel for Private Utility) to:
    • FGUA
    • Brevard County
    • Collier County
    • Hillsborough County
    • Osceola County
    • Polk County
    • Sarasota County
  • Sale of Florida Cities Ft. Myers Beach System to Lee County (Counsel for Private Utility)
  • Town of Jupiter Island Acquisition of Marketplace Utility System
  • St. Lucie County Acquisition of Holiday Pines System
  • Town of Jupiter Island Acquisition of SEIG Water Utility
  • Town of Jupiter Island Acquisition of Angle Inn Utility System
  • Town of Jupiter Island Acquisition of Jupiter/Martin Utility
  • Florida Water Services Corporation Utility Divestiture (Counsel for Private Utility) to:
    • Hillsborough County
    • Hernando County
    • Citrus County
    • Marion County
    • Martin County
    • JEA
    • City of Deltona
    • City of Marco Island
    • City of Palm Coast
    • FGUA
    • Charlotte County
    • TOHO Authority
    • Nassau County
    • Clay County
  • Philadelphia Suburban Heater Utilities Sale to Philadelphia Suburban (Counsel for Private Utility)
  • Islamorada Village of Island Utility Formation
  • Beeline CDD Acquisition of United Technologies Utility System (WPB)
  • Pine Island CDD Acquisition of Pine Island-LA Utility System
  • Beeline CDD Utility Sale to Palm Beach County
  • City of Riviera Beach Utility Sale to Riviera Beach Utility District
  • Tindall Hammock Soil and Conservation District Acquisition of Ferncrest Utility System
  • OTOW Utility System sale to Bay Laurel Center CDD (Counsel for Private Utility)
  • City of Missouri City MUDs Acquisition Study
  • Florida Power & Light bid to privatize City of Homestead Utility (counsel for FPL)
  • Florida Power & Light bid to privatize Lee County Cooperative Utility (counsel for FPL)
  • Florida Power & Light bid to privatize Cape Canaveral AFB Utility (counsel for FPL)
  • Florida Power & Light bid to privatize City of Vero Beach Utility (counsel for FPL).
  • East Central Regional Utility Board O&M Benchmarking Contract
  • Avatar Utility Services, Inc. O&M/B/CS Contract with Lee County
  • Avatar Utility Services, Inc. O&M/B/CS Contract with Sarasota County/FGUA
  • Avatar Utility Services, Inc. O&M/B/CS Contract with Brevard County/FGUA
  • Avatar Utility Services, Inc. O&M/B/CS Contract with Polk/Osceola County/FGUA
  • Avatar Utility Services, Inc. O&M/B/CS Contract with Hillsborough County/FGUA
  • Avatar Utility Services, Inc. O&M/B/CS Contract with Collier County/FGUA
  • Palm Beach County Bid to Privatize O&M of Royal Palm Beach Utility System
  • St. Lucie County O&M Contract with Avatar Utility Services, Inc.
  • Bay Laurel Center CDD O&M/B/CS Contract with CSW Management
  • St. Lucie County O&M Contract rebid with Avatar Utility Services, Inc.
  • Florida Water Services/Islamorada Utility O&M/B/CS Contract
  • Town of Jupiter Island O&M/B/CS Contract with U.S. Filter
  • Beeline CDD O&M/B/CS Contract/Severn Trent Environmental Services
  • Village of Islamorada O&M/B/CS Contract with US Water
  • Florida Water Services O&M/B/CS Contract with FGUA
  • Florida Water Services O&M/B/CS Contract with City of Marco Island
  • Florida Water Services O&M/B/CS Contract with City of Palm Coast
  • Florida Water Services O&M/B/CS Contract with City of Deltona
  • Florida Water Services O&M/B/CS Contract with TOHO Authority
  • Florida Water Services O&M/B/CS Contract with Citrus County
  • Florida Water Services O&M/B/CS Contract with Marion County
  • Florida Water Services O&M/B/CS Contract with Nassau County
  • Florida Water Services O&M/B/CS Contract with Clay County
  • St. Lucie County GDU Utility System Transfer to Port St. Lucie
  • City of West Palm Beach Wastewater Utility transfer to ECR Board
  • City of Sunrise Customer Service Contract with Avatar Utility Services, Inc.
  • St. Lucie County O&M Contract with Culligan Water Services
  • Martin County Managed Competition O&M Contract
  • Town of Jupiter Island O&M/B/CS Contract with Culligan Water Services
  • Pine Island CDD O&M/B/CS Contract with Severn Trent Environmental Services
  • Town of Jupiter Island O&M/B/CS Contract with Veolia Water NA
  • St. Lucie County O&M/CS Contract with Severn Trent Environmental Services
  • Beeline Community Development District O&M Contract with Severn Trent Env. Services
  • Philadelphia Gas Works Analysis of P3 privatization of utility system
  • State of Alaska Legislature P3 counsel for North Slope Stranded Natural Gas Pipeline Project
  • State of Alaska P3 counsel for Alaska LNG Project natural gas pipeline
  • City of Portland, Oregon bid to acquire PGE Electric utility from ENRON Bankruptcy
  • C-51 Stormwater Reservoir P3 Project with Water Management District and South Florida utilities
  • Pasco County P3 reuse water/wetlands creation (counsel for Private owner/contractor)
  • City of Austin P3 counsel for analysis of divestment of coal-fired generation facility/acquisition of natural gas-fired generation facility
  • Biosolids Pelletizer Project ECR Board

Legend: 

  • O&M: Operations, Maintenance, and Management Contract.
  • B: Billing and Collections Contract
  • CS: Customer Service Contract
  • City of Sunrise Bulk water and sewer service agreement with Indian Trace District
  • St. Lucie County Bulk water and sewer service agreement with Ft. Pierce Utility Authority
  • St. Lucie County Bulk water and sewer service agreement with City of Port. St. Lucie
  • ECR Board Bulk sewer service agreement with Palm Beach County, Palm Beach, Riviera Beach, West Palm Beach and Lake Worth utilities
  • South Martin Regional Utility Bulk water service agreement with City of Tequesta
  • City of Tequesta Bulk water service agreement with Town of Jupiter
  • South Martin Regional Utility Design/Build Reverse Osmosis Water Treatment Facility and Ocean Outfall Disposal Facilities
  • South Martin Regional Utility Design/Build Nanofiltration Water Treatment Facilities
  • South Martin Regional Utility Design/Build Flow Equalization Sewer Facilities
  • South Martin Regional Utility Design/Build Water Storage Tank Facilities
  • Special Utility Counsel to City of Austin (past)
  • Special Utility Counsel to City of Philadelphia (past)
  • Special Utility Counsel to City of Portland (past)
  • General Counsel to East Central Regional Utility Board (current)
  • General Counsel to South Martin Regional Utility Board (current)
  • Special Utility Counsel to St. Lucie County, FL (current)
  • Special Utility Counsel to City of Sunrise, FL (past)
  • General Counsel to Seacoast Utility Authority (past)
  • Special Utility Counsel to Hillsborough County, FL (past)
  • Special Utility Counsel to City of Stuart, FL (current)
  • Special Utility Counsel to Martin County, FL (past)
  • Special Utility Counsel to Beeline CDD (current)
  • Special Utility Counsel to Bay Laurel Center CDD (current)
  • Special Utility Counsel to Town of Jupiter, FL (past)
  • Special Utility Counsel to Islamorada City of Islands, FL (past)
  • Special Utility Counsel to Palm Beach County, FL (past)
  • Special Utility Counsel to City of Davenport, FL (past)
  • General Counsel to St. Lucie County Water and Sewer Authority (past)
  • Special Utility Counsel to Village of Golf, FL (past)
  • Special Utility Counsel to City of Riviera Beach and the Riviera Beach Utility Authority (past)
  • Special Utility Counsel to Solid Waste Authority of Palm Beach County (past)
  • Special Utility Counsel to City of Hollywood, FL (current)
  • Special Utility Counsel to City of Missouri City, TX (current)
  • Special Counsel to Florida Power & Light (past)
  • Special Counsel to Florida Cities Utility Company (past)
  • Special Counsel to Florida Water Services Company (past)
  • Special Counsel to Florida Cities Utility Company (past)
  • Special Counsel to Atlas Utilities (past)
  • Special Counsel to Martin Downs Utility (past)
  • Special Counsel to Mangonia Park Utility (past)
  • Special Counsel to Sebastian Utility (past)
  • Special Counsel to Sea Oats Utility (past)
  • Special Counsel to North Beach Water Company (past)
  • Special Counsel to Ferncrest Utility (past)
  • Special Counsel to Avatar Utility Services (past)
  • Special Counsel to Heater Utilities (past)
  • Special Counsel to MSKP Babcock Ranch Utilities (current)
  • Special Counsel to OTOW Utility (current)
  • Special Counsel to Ecologic Solid Waste Utility (current)

For each of these projects, Phillip Gildan served as counsel for the utility and variously handled contract negotiations, P3 structuring, permitting, engineering and construction procurement, project financing, dispute resolution and construction period legal issues:

State of Alaska:

  • 20 million metric ton/year Liquefied Natural Gas Project (Prudhoe Bay to Tidewater) P3 Pre-FEED (pending)

East Central Regional Water Reclamation Facility:

  • 20 MGD Expansion to 55 MGD Wastewater Treatment Facility (Underground Injection Well, Solids Handling Facility, Effluent Pump Station, Aeration Basins, Biomixers)
  • 10 MGD Advanced Wastewater Treatment/Wetlands Recharge Facility
  • 25 MGD Reclaimed Water Treatment Facility (P3)
  • 70 MGD Wastewater Treatment Facility conversion from Aerobic to Anaerobic Digestion and advanced Biosolids Handling
  • 70 MGD Wastewater Treatment Facility Headworks conversion
  • Septage Receiving Facility

City of Sunrise Water/Wastewater Facilities:

  • 22 MGD ATADs Biosolids Processing Facility
  • 18 MGD Membrane Softening Water Treatment Facility
  • 37 MGD Underground Injection Well Facilities
  • 20 MGD Wastewater Treatment Facility
  • 2 MGD Membrane Bio Reactor Advanced Wastewater Treatment/Aquifer Recharge Facility
  • 3 MGD Aquifer Storage and Recovery Facilities

South Martin Regional Utility

  • 4 MGD Reverse Osmosis Florida Aquifer Water Treatment Facility
  • Ocean Outfall RO Concentrate Disposal Facility
  • Reclaimed Water Supply and Storage Facility
  • 1 MGD Membrane Softening Water Treatment Facility
  • Water Main Replacement Project

C-51 Reservoir, Inc.

  • 180 MGD/61,000 acre-feet Storm Water Reservoir P3

Sukcesy i wyróżnienia

  • Listed, The Best Lawyers in America, Corporate Law, 2017-2020
  • Senior Fellow, Kennedy School of Government, Mossavar-Rahmani Center for Business and Government 2017-2018, Public Infrastructure
  • Recognized, Palm Beach Illustrated, "Top Lawyers," 2018 
  • Team Member, Corporate Board Member magazine and FTI Consulting Inc., one of "America’s Best Corporate Law Firms," 13th Annual Legal Industry Study, 2013
  • Selected by peers as Leading American Attorney
  • Listed, Who's Who in America; Who's Who in the World; Who's Who in American Law
  • Rated, AV Preeminent® 5.0 out of 5.0

°AV®, AV Preeminent®, Martindale-Hubbell DistinguishedSM and Martindale-Hubbell NotableSM are certification marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies.

Kwalifikacje

Wykształcenie
  • J.D., cum laude, Harvard Law School, 1984
  • A.B., magna cum laude, Dartmouth College, 1981
    • Phi Beta Kappa
    • Daniel Webster and Rufus Choate Scholar
Posiadane uprawnienia
  • Florida
  • Supreme Court of the United States
Znajomość języków