Jodie Smith

Practice Areas

Public Finance

Tax Law

Economic Development

New Markets Tax Credits

Opportunity Zones

Securities Regulation & Corporate Finance

Career

Jodie is a Shareholder in Maynard Nexsen’s Public Finance Group. He has over twenty-five years of experience and focuses on tax-advantaged finance and securities transactions and on infrastructure transactions.

Public Finance

Jodie advises government, nonprofit, and for-profit organizations on taxable and tax-exempt financings, serving as bond counsel, disclosure counsel, issuer’s counsel, and underwriter’s counsel. Jodie also advises clients on related matters, including financing restructurings, interest rate swaps, and tender offers. Finally, Jodie assists clients in navigating post-issuance tax and securities issues, such as determining permitted uses of bond proceeds, arbitrage and rebate compliance, and continuing disclosure.

New Markets Tax Credits, Opportunity Zones, and Other Types of Tax-Advantaged Financings

Jodie advises clients on other types of tax-advantaged financings, such as deals eligible for federal and state new markets tax credits and deals eligible under the federal Opportunity Zone program. In recent years, Jodie has closed several hundred million dollars in new markets tax credits financings. A hallmark of Jodie’s NMTC experience has been his understanding of how to combine federal NMTCs with other financing programs like state NMTCs, federal and state historic tax credits, and taxable and tax-exempt bond financing.

Corporate and Economic Development

Jodie advises clients on corporate governance, mergers and acquisitions, corporate reorganizations, and joint ventures and partnerships. He also advises clients on economic development options and economic incentives, including tax revenue-sharing arrangements with state and local governments.

Public Service Commitment

Jodie’s peers have called on him to lead various organizations in the industry. Jodie now serves as Immediate Past President and a member of the Executive Committee of the National Association of Bond Lawyers. Jodie previously served as Chair of NABL’s Securities Law and Disclosure Committee, with responsibility for coordinating NABL’s regulatory comment letters and other projects on securities law topics. He also has served as editor of NABL’s Federal Securities Laws of Municipal Bonds Deskbook (published by LexisNexis Group) and as a frequent panelist on securities law topics at NABL’s Bond Attorneys’ Workshop (Steering Committee from 2014-2016), Tax and Securities Law Institute (Chair of 2014 TSLI and Vice Chair of 2013 TSLI), and Fundamentals of Municipal Bond Law Seminar.

Professional Memberships

• National Association of Bond Lawyers, Board of Directors; Executive Committee, President (2022-2023)

• American Bar Association

• State Bar of Georgia

• Alabama State Bar Association

• Birmingham Bar Association

• Autism Support of Alabama, Board Member

• Birmingham-Southern College Norton Board of Advisors, Past Chair

• The Rotary Club of Shades Valley, Past Board Member/Past President

Experience

Served as bond counsel, disclosure counsel, company counsel, bank counsel, and underwriter’s counsel on numerous financings in many public finance sectors, including financings for the following:

o State of Alabama and its bond issuing authorities, including general obligation financings, tobacco securitization financings, economic incentives financings, transportation financings (including GARVEEs), and pool bond financings;

o Cities and counties, including general obligation financings and economic incentives financings;

o School boards;

o Governmental utility systems;

o Governmental and nonprofit health care systems;

o Special assessment districts and improvement districts;

o Private activity bond issuers and conduit borrowers, including Recovery Zone Facility Bond issues, Gulf Opportunity Zone Act issues, manufacturing issues, airport/seaport issues, and solid waste issues;

o 501(c)(3) organizations, including private schools, cultural facilities, and social welfare facilities;

o Public private partnerships (P3s); and

o Institutions of higher education, including private and public colleges and universities and medical schools.

Served as bond counsel, disclosure counsel, and company counsel on numerous tender offers relating to municipal securities.

Served as bond counsel, disclosure counsel, and company counsel in consent solicitations relating to amendments of terms of outstanding debt securities.

Served as bond counsel, company counsel, and bank counsel on numerous interest rate swaps.

Served as sponsor counsel and bank counsel in connection with the origination, restructuring, and unwinding of several hundred million dollars in New Markets Tax Credits financings in many sectors, including the following:

o Alternative energy production facilities;

o Camp facilities;

o Charter school buildings;

o College/university buildings;

o Community facilities;

o Food production/distribution facilities;

o Hospitals, health clinics, and medical office buildings;

o Hotels;

o Manufacturing facilities;

o Office buildings;

o Primary/secondary education buildings; and

o Shopping centers and mixed-use developments.

Served as sponsor counsel in connection with numerous public-private partnership (P3) and infrastructure transactions in many sectors, including the following:

o Airport facilities;

o Broadband facilities;

o Port facilities;

o Social infrastructure facilities; and

o Surface transportation facilities

Education