Carlos A. Encinas

Public Finance and 501(c)(3)

• Closed billions of dollars in taxable and tax exempt financings as bond counsel, disclosure counsel, issuer’s counsel, underwriter’s counsel, lender’s counsel, bank counsel, trustee’s counsel, rating agency counsel, company counsel, and developer’s counsel on fixed and variable rate debt.
• Counsel for the lender in the negotiation and closing of a tax-exempt loan to the largest public health care system in Florida.
• Counsel to a North Carolina 501(c)(3) health care system in the issuance of Cinderella bonds, an interest rate conversion and remarketing, and other tax-exempt capital financings.
• Counsel to a Georgia 501(c)(3) health care system in the negotiation and closing of annual lines of credit.

Infrastructure and P3s

• Counsel to a developer for state of Georgia office buildings utilizing design-build-finance (lease-purchase financing) and design-build-finance-maintain models.
• Drafted procurement and project documents as part of the outside counsel team for the Texas Department of Transportation’s Southern Gateway, a $600+ million design-build highway project.
• Advised a state high speed rail authority on federal financing agreements and other legal compliance matters related to high speed rail development.
• Prepared a due diligence report for a global highway concession company’s bid to acquire and modify concession interest in the Northwest Parkway toll road in metropolitan Denver.
• Advised on a university’s legal structure and prepared a due diligence report on a master development agreement for the $1.1 billion University of California, Merced DBFOM campus expansion project as part of the lender’s counsel team for a consortium bidder.
• Advised a global infrastructure firm’s Brazil team on a U.S. airport security RFP and related general corporate matters.
• Counsel to a public university with the potential restructuring of their revenue-based student housing P3 concession agreement and hundreds of millions in related project financing.
• Counsel to a developer for a design-build-finance-operate-maintain broadband P3 with the City of Inglewood, CA.
  
   

Carlos A. Encinas is a senior associate with Alston & Bird’s Real Estate Group. He focuses his practice on public and project finance, infrastructure and public-private partnerships (P3), and development incentives.

Carlos’s public clients include cities, states, school districts, housing authorities, development authorities, transportation authorities, rail authorities, state higher education authorities, and state gas and electric authorities. His private clients include financial institutions, investment funds, health care systems, renewable energy companies, and developers. Additionally, companies in various other industries have relied on Carlos for development incentives and financings, real estate transactions, and other matters.

Carlos previously served as an attorney-advisor fellow at the U.S. Securities and Exchange Commission. He also served as an assistant corporation counsel in the City of Chicago Department of Law, where he worked on P3s, general obligation and revenue bonds, interest rate swaps, tax credits, real estate finance and development (including tax increment financing and other development incentives), affordable housing, telecommunications, state and federal grants, and public pensions.

Carlos was listed in the “Ones to Watch” category of The Best Lawyers in America^© 2021–2023.

Languages

• Spanish

Bar Admissions

• Georgia
• Illinois

Education

• University of Illinois at Chicago (LL.M., 2009)
• University of Illinois at Chicago (J.D., 2008)
• University of Illinois at Urbana–Champaign (B.A., 2004)

Memberships