Specifications include, but are not limited to: The firm or firms selected would have demonstrable qualifications to handle all or a portion of the following legal services within these individual scopes of services: 1) Real Estate: Counseling on and handling of real property transactions, including but not limited to litigation associated with: a) Acquisitions and dispositions involving, e.g., easements, rights-of-way, leases, licenses, and fee transfers with respect to land, buildings, and electric facilities; b) Resolution of issues or disputes over property rights and related responsibilities; and c) Analysis and advice on property tax and PILOT matters, tax certiorari cases, zoning, land use, and other local matters and/or requirements. 2) General: Counseling on and handling of various issues, including but not limited to litigation associated with: a) General Liability - such as personal injury, property damage, toxic torts, professional liability, municipal matters, public authority matters (LIPA Act and LIPA Reform Act) and employment; b) Commercial – contractual disputes; tax matters; trade secrets; intellectual property; arbitration; insurance; and c) LIPA Defense – Article 78 proceedings, declaratory actions. 3) Corporate and Securities: Services would be expected to include, but need not be limited to: Advising LIPA with respect to its rights and obligations under its various operating and other agreements, including the Amended OSA with PSEG LI; a) Advising LIPA in connection with potential disputes arising out of its various operating and other agreements; b) Advising and assisting LIPA with regard to possible acquisitions, sales, joint ventures and antitrust matters; c) Analyzing and advising LIPA on legal matters in connection with hedging strategies for fuel, energy and other products; d) Advising LIPA with respect to corporate tax matters, including the private letter rulings issued to LIPA by the Internal Revenue Service; and e) Advising LIPA with respect to corporate governance issues. 4) Complex Litigation: Counseling on and handling of various issues in state and federal courts, adjudicative proceedings, arbitrations and/or mediations. Firms should have experience handling cases that require additional skills and/or greater resources than general litigation would require. Firms should demonstrate experience with cases exhibiting complexity and the interrelationship of multiple issues, large quantities of data and documents, in areas which include but are not limited to the following: a) Commercial – contractual disputes; tax matters; trade secrets; intellectual property matters, including trademark infringement; insurance disputes; bankruptcy; municipal agreements; telecommunications issues; civil rights challenges and anti-trust matters. b) Class Actions/Other Actions – including matters related to LIPA’s ratemaking authority; interpretation of the LIPA Act; compliance with other relevant state and federal laws, etc.; 5) State Regulatory: Advising and assisting LIPA regarding the following areas: a) LIPA’s tariff and ratemaking responsibilities; b) Regulatory filings, including those under the Public Authorities Law; (e.g., Article VII of the Public Service Law); c) State utility, regulatory and legislative matters and developments; d) Public Officer’s Law - Interpretation of its requirements and assistance with respect to compliance; and e) Litigation and investigations relating to the above.
