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Hilary A. Jackler

Partner, Vice Chair

Hilary serves as Vice Chair of Kutak Rock. Her practice focuses on representing governmental entities to implement public-private partnerships, develop real estate, and establish programs and policies.

Hilary serves as Vice Chair of Kutak Rock. Hilary advises federal agencies, state and local governments, and private entities on structuring, implementing, and financing public-private partnership (P3) projects, military base realignment and closure (BRAC) matters, and programmatic and regulatory development.

Hilary has supported federal, state, and local governmental clients to solicit, negotiate, implement, and terminate more than 25 P3 projects. By assisting clients to navigate the BRAC processes and negotiate and implement economic development conveyances and public benefit conveyances, Hilary has assisted governors’ offices, mayors’ offices, and other local redevelopment authorities to enable the redevelopment of over 5,000 acres at closed military installations. On behalf of P3 and BRAC clients, Hilary has drafted RFPs, participated in selection processes, and negotiated leases, concession agreements, development agreements, and other transaction documents.

Hilary has assisted governmental entities to create and implement a federal grant program, draft regulations and legislation, prepare policy reports, resolve disputes, negotiate settlements, and defend and prosecute litigation.

Hilary supports governmental and private sector clients to accomplish unique real estate, infrastructure and policy projects, such as billions of dollars of public-private partnership (P3) projects, acquisition and reuse of former military sites through the military base realignment and closure (BRAC) process, and the development of governmental programs, regulations, and reports.
Speaking Engagements
  • “Unlock the Value of Underutilized Land with a Ground Lease,” Higher Education PPP Hub 2021, April 20, 2021.
  • “P3s are Not ‘All About the Money’ – Benefits Beyond Financing,” P3C Public-Private Partnership Conference & Expo, March 3, 2020.
  • “Making the Grade: Leveraging P3 for Public Schools,” P3C Public-Private Partnership Conference & Expo, March 2, 2020.
  • "Key Considerations for Early Milestones in P3 Projects," the P3 Government Conference, December 4, 2019
  • "Analyzing Public-Private Partnership Legislation," Council of Development Finance Agencies (CDFA)/BNY Mellon Development Finance Webcast Series, January 29, 2019 (Panelist)
  • “Moving Your Project to Reality – Reaching the Early Milestones,” The P3 Federal Conference, November 27, 2018
  • “Where Are We Going: Opportunities in Federal Public-Private Partnerships,” Federal P3 Bootcamp by the National Council for Public-Private Partnerships and the Society of American Military Engineers, March 7, 2018 (Panelist)
  • “Where Are We Going: Opportunities in Federal Public-Private Partnerships,” National Council of Public-Private Partnerships Federal P3 Boot Camp, December 7, 2017 (Panelist)
  • "Thinking About Undertaking a P3/P4 Project?," Association of Defense Communities National Summit, June 20, 2017. (Moderator)
  • “Financing Roundtable for Closed Installation Reuse Projects,” Association of Defense Communities Installation Reuse 2016, October 2016 (Moderator)
  • “Funding Sources,” Association of Defense Communities 2015 National Summit, June 2015 (Panelist)
  • “Social Impact Bonds,” ABA Forum on Affordable Housing and Community Development Law, 24th Annual Meeting, May 2015 (Panelist)
  • “PFS from the Legal Perspective: Hearing from Attorneys Engaged in Performance-based Contracting,” Corporation for National and Community Service’s Social Innovation Fund Pay for Success Grantee Meeting, February 2015 (Panelist)

  • Negotiate, implement, amend, and terminate P3 and privatization transactions, enhanced-use lease transactions, leases, licenses, and other agreements.
  • Create and implement a new federal grant program relating to veteran homelessness by drafting a Proposed Rule, Final Rule, and Notice of Fund Availability, educating stakeholders, and developing program materials and processes for use by the federal agency and its grantees. 
  • Prepare Congressional and other reports by analyzing federal and state laws in multiple jurisdictions and developing policy recommendations. 
  • Execute more than $3 billion of military housing privatization projects.
  • Assist clients to execute some of the first “pay for success” transactions (also commonly referred to as “social impact bonds”) in the country.
  • Finance energy savings performance contracts (“ESPCs”).
  • Resolve disputes, negotiate settlements, defend and prosecute litigation.