Business, Corporate & Tax

When owning or managing a business organization, there are a myriad of decisions to make each day. BotkinRose serves as a partner to our clients, providing the comprehensive legal representation our clients demand by applying a focused, solutions-oriented approach to advancing and achieving their objectives. We provide a hands-on style and accessibility that enables us to provide top quality legal services to individuals, organizations, and companies in a vast array of markets, such as agriculture, construction, health care, municipal and non-profit.

Business and Corporate Planning

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.

Whether the business is a promising start-up or an established company, our attorneys' broad experience, diverse skills, business savvy and seasoned perspective – combined with unparalleled responsiveness – enable our clients to leverage opportunities, manage risk and achieve their short- and long-term objectives. 

Commercial Finance

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.

Construction Law

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.

Employment Law

Our Employment Law practice covers a wide spectrum of issues in today’s highly regulated and litigated human resources world: general legal risk management regarding line and management staff, training seminars and sessions, discrimination claims (Title VII, ADEA, ADA, USERRA, etc.), wage and hour evaluation and review under the FLSA, employee handbooks, internal investigations, grievances in both the private and public sectors, civil rights claims, constitutional claims, development and negotiation of senior and executive level contracts, employee benefits, separation agreements, litigation in state and federal courts, and mediation. In the immigration context, we also 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. In all instances, our efforts are undertaken in close coordination with the client to increase the chances of achieving the desired result in a practical way, appreciating that employment matters can be legally and factually complex and emotional.

Employee Benefits

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.

Environmental Law

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.

Executive Compensation

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 Internal Revenue Code Section 409A.

Land Use

BotkinRose attorneys regularly assist clients with a variety of land use issues, including (1) re-zoning land for another purpose, (2) obtaining a special use permit so that the property can be better utilized; (3) dealing with a notice of a zoning violation; and (4) subdividing land. We can advise you on the best way to accomplish your goals and assist you, step-by-step, through the process.

Non-Profit Organization

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 ensure that you qualify for desirable tax benefits and comply with state and federal regulations.

Tax Planning

BotkinRose attorneys can help you protect your assets from significant estate, income, capital gains, and gift taxes. Tax planning is important for a variety of situations ranging from helping you to pass the family farm on to the next generation through conservation easements and revocable trusts (which allow you to save on estate taxes) to simply protecting your assets from estate, gift, and generation-skipping taxes so that your loved ones receive more of the wealth you worked to secure. Tax planning can create significant savings given the top federal estate tax rate.

Steven Rhodes

Phone: (540) 437-0019
Fax: (540) 437-0022
Email:
rhodes@botkinrose.com

Lorenzo Carrazana

Lorenza Carrazana

Phone: (540) 437-0019
Fax: (540) 437-0022
Email:
lcarrazana@botkinrose.com

Mark Botkin

Phone: (540) 437-0019
Fax: (540) 437-0022
Email:
mbotkin@botkinrose.com

Matthew Light

Phone: (540) 437-0019
Fax: (540) 437-0022
Email:
mlight@botkinrose.com

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