BotkinRose attorneys have the experience and knowledge to formulate the commercial agreements necessary to achieve the financial goals of your business. We negotiate, draft, and interpret all types of agreements associated with commercial loans. From handling all aspects of the loan agreement to security agreements, deeds of trust, promissory notes, assignments, leases and escrow instructions, we are able to offer advice and help your business create a plan tailored to meet its financial needs.

If you own significant acreage which you want to protect from future development, partnering with BotkinRose to structure a conservation easement could achieve your goal and also provide you with tax benefits. These easements are most often used to preserve agricultural areas and woodlands which provide beautiful scenery across Virginia. Many farmers also use conservation easements to lower the developmental value of their property so that the family farm can be passed on to the next generation without incurring significant estate taxes.

BotkinRose provides a full range of legal services for general contractors, developers, builders, and architects, including the following: (1) we advise and advocate for developers and contractors in obtaining zoning variances; (2) we advise builders and contractors about construction change orders; (3) we represent companies by drafting and finalizing construction contracts with owners, general contractors, governments, sub-contractors, architects, and other building trades businesses; (4) we arrange for placing, bonding, and discharging mechanics’ liens; and (5) we negotiate agreements between financial institutions and developers to secure project funding.

BotkinRose provides advice to clients with regard to a full range of legal issues arising in connection with the formation and day-to-day operation of business organizations. Recognizing the complexities faced by our clients in the current business environment, our approach is multidisciplinary. As appropriate, our team includes attorneys with expertise in those areas of law relevant to the particular representation. We provide clients with sophisticated business and corporate structuring advice, in connection with a broad range of transactions, including business formations and choice of entity, mergers and acquisitions, financings, sales and exchanges and compliance and controversy advice.

Since the 1974 enactment of the Employee Retirement Income Security Act (ERISA), employers have confronted increasingly complex federal regulations of their employee benefit plans. BotkinRose attorneys have broad experience in handling all types of issues that arise with retirement and welfare benefit plans. We regularly advise clients with respect to qualified retirement plans such as defined benefit pension plans, 401(k) plans, cash balance plans and ESOPs. We also provide counsel to our clients on a variety of welfare benefit plan issues, including health, life, disability, cafeteria plans, education assistance programs, adoption assistance programs and other fringe benefits. We consult with our clients on plan design issues, draft plan documents and summary plan descriptions, and obtain Internal Revenue Service determination letters where appropriate. We assist clients in administering their plans, including advice with respect to reporting and disclosure obligations, correction of operational defects, plan interpretation and review of domestic relations orders.

If you are purchasing, improving, leasing, or developing real property, BotkinRose can help you comply with environmental regulations pertaining to air and water quality. This includes lead-based paint, lead, asbestos, radon, sick building syndrome, and mold, as they relate to the sale or lease of real property. Federal environmental law governs the renovation and demolition of buildings and the potential liability faced by building owners for personal injuries caused by exposure to these hazardous materials.

BotkinRose attorneys help employers create executive compensation arrangements that complement qualified plan benefits for key employees. We advise clients in all aspects of executive compensation and nonqualified retirement plans, including the design and drafting of plans and funding vehicles available through “rabbi” trust and other arrangements. We work with clients to amend their plans to comply with regulatory changes, including actions necessary to keep deferred compensation arrangements in compliance with new Code Section 409A.

BotkinRose can assist you with the purchase, sale, and lease of farm or commercial real estate. These transactions are often complex and require the analysis of multiple issues, ranging from insurance (e.g., crop, business disruption, etc.) to the possible creation of a real estate holding company (i.e., to obtain tax benefits and further liability protection). We help clients negotiate desirable contract/lease terms that can have a significant monetary impact.

As the trend towards a global economy continues, immigration has become a key issue for individuals and businesses. Our immigration practice ranges from helping immigrants obtain U.S. citizenship to advising businesses on immigration employment issues. We counsel employers regarding I-9 verification and compliance issues; train human resources managers who manage employment eligibility functions; and represent employers charged with I-9 paperwork violations, unfair immigration employment practices, and other employer sanctions. We also counsel and represent individual and business clients in obtaining employment based visas.

We help clients avoid employee disputes by preparing and reviewing employee handbooks and employment contracts. If an employee has already filed a claim, we defend our clients and negotiate with the Department of Labor, Workers’ Compensation Commission, Virginia Employment Commission, and other regulatory agencies.

BotkinRose attorneys regularly assist clients with a variety of land use issues, including (i) re-zoning land for another purpose, (ii) obtaining a special use permit so that the property can be better utilized, (iii) dealing with a notice of a zoning violation, and (iv) subdividing land. We can advise you on the best way to accomplish your goals and assist you, step-by-step, through the process.

The municipal finance practice at BotkinRose is Redbook licensed and fulfills various roles as bond counsel, issuer counsel, bank counsel and special outside counsel to municipal and exempt organizations. We serve as bond counsel to local government authorities, such as various school boards, waste, water and sanitary districts, and parks and recreation facilities. We also serve as special counsel and assist local governments by developing financial and tax incentive packages to recruit new businesses and retain existing businesses in the locality. In addition, we assist localities on joint project endeavors to develop cost-effective financing plans and access outside expertise of financial advisors, bankers and public underwriters. As bond counsel and special counsel, we provide services to various charitable organizations, such as hospitals, retirement communities, nursing homes, humane society organizations and private schools.

If you are starting a non-profit or charitable organization, it is important to have the proper structure. We can help you establish, manage, and/or dissolve your non-profit to insure that you qualify for desirable tax benefits and comply with state and federal regulations.