Brian Cassidy

C. Brian Cassidy


Partner

 

Overview

Brian Cassidy is the Managing Partner of the Austin Office. He is Co-Chair of the Firm's Administrative and Regulatory Practice Group. His practice focuses on the development of transportation and other infrastructure projects by public and private entities. He advises clients on complex procurements, public-private partnerships (PPPs or P3s), regulatory compliance, and all aspects of the planning, design, financing, operation and approvals required for major infrastructure projects. He has been involved in the development of toll roads and non-tolled highways throughout Texas, and has been at the forefront of development of legislation authorizing the use of Transportation Reinvestment Zones (TRZs) to fund infrastructure projects.

Read Locke Lord's publication on Texas Transportation Legislation: Overview of the 85th Legislative Session.

Brian also works with clients in matters related to government contracting and regulation of business operations. He is Board Certified in Administrative Law and has considerable experience involving state agency rulemakings, contested case hearings, open government matters and judicial appeals of agency decisions.

Representative Experience

Transportation Infrastructure

Mr. Cassidy represents several regional mobility authorities (RMAs) in Texas. RMAs are multi-modal transportation entities created by local governments in various regions of the state. Mr. Cassidy has worked extensively on legislation governing the operations of RMAs and the procurement and financing options available to these entities. He is actively involved in the legislative process related to transportation policy and funding, and has been invited to testify in legislative hearings on a variety of topics. His work with RMAs involves all phases of project development, including financing, procurement (including through design/build contracts and other public/private partnerships), environmental clearance (and related litigation) and compliance with various state and federal requirements related to project financing and approvals.

Some of the projects he has worked on include:

  • SH 130, Loop 1 and SH 45 North- Central Texas Turnpike System (Williamson and Travis Counties)
  • US 183-A (Williamson County)
  • US 290E Manor Expressway (Travis County)
  • Loop 1 Mopac Managed Lanes- MoPac Improvement Project (Travis County)
  • SH 71 Express Project (Travis County)
  • US 183 South-Bergstrom Expressway (Travis County)
  • SH 45 Southwest (Travis/Hays Counties)
  • US 183 North Mobility Project (Travis County)
  • US 290/SH 130 Direct Connectors Project (Travis County)
  • Toll 49 (Smith County) 
  • SH 550 Toll Project (Cameron County)
  • West Rail Relocation Project (Cameron County)
  • East Loop Corridor (Cameron County)
  • US 281/Loop 1604 Interchange (Bexar County)
  • US 281 (Bexar County)
  • Loop 1604 (Bexar County)
  • SH 130, Segments 5 and 6 (post-bankruptcy) (Travis, Guadalupe & Comal Counties)
  • SH 289 (Grayson County)
  • Loop 375 Cesar Chavez Border Highway Managed Lanes Project (El Paso)
  • Loop 375 at I-10 Interchange –Americas Interchange Project (El Paso)
  • Loop 375 (Joe Battle Blvd) at FM 659-Zaragoza Project (El Paso)
  • Loop 375 (Northeast) Mainlane Extension-Transmountain Northeast Project (El Paso)
  • I-10 Aesthetics Highway Improvements Program (El Paso)
  • Spur 601 (El Paso)
  • FM 110 (Hays County)
  • Loop 571 (Rusk County)
  • SL 79 (Val Verde County)

Project Funding

In connection with project development and financing, Mr. Cassidy works extensively on toll revenue bond issuances and negotiates financial assistance agreements, project development agreements, state infrastructure bank loans, pass-through financing agreements, TIFIA funding agreements and financing involving TRZs. He has also worked on the implementation of optional vehicle registration fees where authorized, and the leveraging of those fees through bond financings to develop programs for constructing state and local projects.

On the private sector side, Mr. Cassidy works with clients to implement projects developed on behalf of state and local governments, including those using PPPs, private activity bonds, pass-through financing, bond financing, TRZs and project implementation with a variety of innovative risk sharing structures.

Autonomous Vehicles

Mr. Cassidy worked with a technology company on the first driverless car deployment on public roadways in Texas.  He advises clients on local, state and federal issues related to autonomous vehicle (AV) regulation and oversight, connected vehicle (CV) technology, and protection of proprietary and trade secret information in connection with AV/CV deployment.

General Infrastructure Development

Mr. Cassidy assists clients seeking to partner with state and local government in developing other infrastructure projects. He has experience with various project delivery methods available for infrastructure projects, including PPPs and the Texas Public and Private Facilities and Infrastructure Act.

Government Regulation and Disputes

With a thorough working knowledge of government procurement requirements, Mr. Cassidy consults with clients regarding procurement processes, potential procurement challenges, bid protests, protection of information submitted in response to procurements and governmental actions taken in the context or procurements. He has also worked on a myriad of Attorney General opinion requests, Public Information Act disputes, and application of the Open Meetings Act to various actions.

Professional History

  • Partner, Locke Lord LLP
  • Partner/Associate, Brown McCarroll & Oaks Hartline (1986 - 1995)

Professional Affiliations and Recognitions

  • Named in The Best Lawyers in America for Administrative / Regulatory Law (2019-2020)
  • Austin Chamber of Commerce
    • Chair Elect (2018)
    • Executive Committee and General Counsel (2012)
    • Board Member (2012-2015)
    • Finance Committee (2012-)
  • Real Estate Council of Austin
    • Chair, Board of Directors (2016)
    • Vice Chair, Regional Infrastructure (2014)
    • Board and Executive Committee Member (2005-)
    • Secretary and Business M/PAC Chair (2013)
    • Transportation Committee Chair (2009-2010)
  • Austin Area Research Organization
    • Member, (2015-)
  • Member, State Bar of Texas
    • Administrative and Public Law Section
    • Government Section
    • Member, Texas Board of Legal Specialization, Administrative Law Exam Commission (2006-2012)
    • Member, Austin Bar Association
    • Past-Chair, Administrative Law Section
  • Member, International Bridge, Tunnel and Turnpike Association
  • Member, San Antonio Mobility Coalition
  • Fellow, Texas Bar Foundation

Board Certifications

Administrative Law by Texas Board of Legal Specialization