Overview

John Foster handles corporate transactional and finance work. Mr. Foster’s practice encompasses the areas of corporate, municipal finance, limited partnerships, and mergers and acquisitions.

Prior to joining the firm, Mr. Foster practiced corporate law with an emphasis on project finance, SEC-registered and international transactions.

He has been a speaker on real estate, tax law, resort development and other topics at continuing education, ALI/ABA, bar association and academic conferences. Mr. Foster speaks conversational French and has a working knowledge of Spanish. 

Mr. Foster has been listed by Best Lawyers in America for Corporate Governance Law. He is AV® rated by Martindale-Hubbell.*

* CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedure's standards and policies.

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Experience

Advised the not-for-profit Breeders’ Cup Limited, a thoroughbred horse race operator, on New York not-for-profit law, leading to a reorganization of members and directors.

Represented AT&T/BellSouth in connection with the construction of its corporate headquarters towers in South Carolina. Provided project counsel and third-party expertise in connection with significant design defects that emerged during construction and that required more than $10 million in rework and additional scope. Negotiated a settlement with the general contractor on terms favorable to AT&T/Bellsouth and recovered proceeds from the design team’s professional liability insurer actually exceeding the policy limits of coverage – all without litigation or interruption of the construction of the project.

Represented the State of South Carolina in connection with the execution of a historic bi-state agreement with the State of Georgia providing for the two states jointly to develop a new ocean marine terminal on the Savannah River in Jasper County, South Carolina. The agreement provides for the creation, pursuant to a Congressionally-approved interstate compact, of a new entity to develop, own and operate the terminal. The initial phase of this Project is expected to cost up to U.S. $5 billion.

Represented Governor Mark Sanford in the South Carolina Supreme Court and the United States District Court in connection with his efforts to shift control of the use of federal stimulus funds from the state legislature to the governor.

Outside counsel to the South Carolina State Ports Authority (SCSPA). In that capacity, counseled the SCSPA in connection with a variety of matters, including: land use and zoning issues arising out of the construction and operation of containerized and break bulk cargo terminals; right-of-way acquisition, business, finance and political issues relating to the $650 million design and construction of the Cooper River Bridges Replacement Project; environmental impact, permitting, landlord-tenant/licensing issues associated with the SCSPA’s acquisition and use of the former Charleston Naval Base from the United States Government and the South Carolina Redevelopment Authority; nuclear, security and other regulatory issues associated with marine cargo being transported through the Port of Charleston, South Carolina; traditional and alternative methods of project and capital asset finance, state and federal grants, loans and funding mechanisms; local, state and federal governmental regulations; and dispute resolution in connection with procurement challenges and major commercial contract disputes.

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Education

Harvard Law School, J.D. (1976) cum laude

University of Oxford, M.A. (1972)

first honours

University of Oxford, B.A. (1972)

Davidson College, A.B. (1970)

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Admissions

New York (1978)

South Carolina (1977)

Professional & Community Activities

American Bar Association, Member

Fourth Circuit Judicial Conference, Member

National Association of Bond Lawyers, Member

Palmetto Seed Capital Corporation, President

South Carolina Tax Review Board, Chairman (1981-1988)

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