Business and Corporate

When owning or managing a company, there are a myriad of decisions to make each day. BotkinRose serves as a partner to our business 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 companies in a vast array of markets, such as agriculture, construction, insurance and health care. 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.

Agriculture Law

Two of our attorneys were raised on farms in the Shenandoah Valley and continue to be involved with the family farm operations. Because of our intimate knowledge and familiarity of farming in the Shenandoah Valley, we are able to empathize with farmers and offer practical legal advice as farmers face such issues as increasing regulation and estate and succession planning. The issue of farmland preservation is also a concern for many farmers in the Shenandoah Valley and throughout the Commonwealth. To help make conservation easements meet the needs of farmers, one of our attorneys has been deeply involved in working with the Virginia Department of Agricultural and Consumer Services, the Virginia Outdoors Foundation, and others to develop a conservation easement template specifically designed for working farms.

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.

Conservation Easements

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.

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.

Corporate and Business 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.

Education Law

The firm’s education law practice includes services both to school boards and to colleges and universities and covers all aspects of what can be the complex “business” of education in today’s highly regulated legal context. In addition to advising the governing bodies of education organizations, the firm’s lawyers collaborate with administrators and others who are an integral part of the senior leadership and operations. With lawyers who do bond and tax and employee benefits work, the firm offers the ability to provide a full spectrum of legal services without education leaders having to worry about coordinating among different law firms. With the experience and ability also to handle legal issues in employment (EEOC, FLSA, VEC, etc.), special education, procurement, contracts, environmental, constitutional, and other areas that are common points of reference for any school board, BotkinRose brings its collective resources to an engagement.

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.

Farm and Commercial Real Estate

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.

Immigration Law

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.

Labor and Employment Law

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.

Land Use

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.

Municipal Finance

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.

Municipal Law

BotkinRose provides a full range of legal services to its municipal clients, including representation involving zoning, land use, special use permits, boards of zoning appeals, subdivisions, procurement (Virginia Public Procurement Act), conflicts of interest (Virginia State and Local Government Conflict of Interests Act), public records and meetings access (Virginia Freedom of Information Act), economic development, personnel, and school law.

Non-Profit Organizations

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.

Criminal Defense

BotkinRose attorneys understand that every situation in which a client faces criminal charges or a criminal investigation requires its own unique approach. We represent clients who have been charged with all manner of criminal misconduct in Federal and State Courts. Each client deserves representation that is tailored to the client’s specific set of circumstances in order to protect their Constitutional Rights. Many criminal cases are irreparably damaged in the early stages of an investigation because the client is unaware of his or her rights. Therefore, we encourage our client’s to seek our advice even before charges are formally brought against them. We have developed a relationship of mutual respect with members of the law enforcement community which enables us to pursue a multitude of options in resolutions to criminal charges. Whether by plea agreement or through jury trial, we seek solutions that best protect our client’s interests.

Divorce and Family Law



Litigation and Dispute

Litigation and disputes arise whenever your rights conflict with the apparent rights of another. BotkinRose can represent your interests inside and outside of a courtroom, whether doing so involves negotiations with another attorney, taking your case to a jury, representing you before an administrative board, or appealing your case to the Supreme Court of Virginia. Our familiarity with the many varieties and levels of dispute can help preserve your rights in a time effective and cost efficient manner.

Appeals

After trial, cases often take on a new life in the appeals process. While some firms may shy away from handling difficult appellate cases, we relish the challenge and the opportunity to prevail for our clients. BotkinRose has expertise in handling complex legal issues before state, federal, and administrative appellate tribunals. Our attorneys have handled major appeals in the Supreme Court of Virginia and the U.S. Court of Appeals for the Fourth Circuit that have helped to define and shape civil law.

Civil Litigation

BotkinRose attorneys are dedicated to help protect the rights and interests of our clients that become entangled in a lawsuit. We have experience in all areas of litigation. We work closely with our clients to reach a settlement agreement with the adversary or seek alternative dispute resolution when necessary so that the case ends in a favorable and cost-efficient outcome for our client.

Commercial Litigation

While BotkinRose assists our clients with entity selection, capital formation and legal creation of your business, we are also there in the event that a claim is filed against your business. A breach of contract is commonly the cause of a commercial dispute. However, your business maybe also become subject to other disputes, such as partnership disputes or dissolution, corporate dissolution, trade secret infringement or real estate dispute. Whatever the claim, we provide our clients with practical and effective commercial litigation representation.

Construction Litigation

The construction litigation practice at BotkinRose understands the issues and complexities surrounding major building projects. We speak your language; with strong backgrounds in real estate, finance and contract law, in-depth knowledge of local regulations and legislation, and real-world experience in related areas of engineering and construction management, we help clients in litigating and arbitrating complex construction disputes. Our attorneys have vast experience in the prosecution and defense of all types of construction claims brought by or against owners, developers, contractors, subcontractors, architects, construction managers, suppliers, manufacturers and design professionals.

Estate Litigation

With the increased use of do-it-yourself will kits, more complicated family units (i.e., second marriages and blended families), and manipulation of the growing elderly population, litigation over the interpretation and intent of a will is on the rise. If your elderly parent changed his/her will and left everything to a caretaker or sibling under suspicious circumstances, we can help you fight for your inheritance. If you are the Executor or primary beneficiary under a will being contested, we can help you to defend the integrity of the will in question.

Land Disputes

When more than one person owns or uses land, disputes may arise with regard to boundary lines, rights to access a road or well, who must maintain, and even who owns certain parcels of land. These disputes often arise as actions for “quiet title” or “adverse possession.” BotkinRose attorneys can help you protect your rights by bringing action to assert your claim or to defend your property from encroachment by neighbors.

Personal Injury

If you have been seriously harmed or injured through the negligence of another, BotkinRose offers aggressive, professional, and personal representation to help you achieve the maximum recovery you deserve. Whether the accident involved a boat, motorcycle, tractor trailer, car, or even if you were a pedestrian struck by a vehicle or were injured by a defective product in a products liability situation, we understand the laws and complex principles which apply to this constantly changing area of the law. When personal injury victims negotiate directly with insurance companies without a lawyer, full and fair compensation is rare. We will guide you through the process, explain your rights, and work to obtain a fair settlement for you short of trial. However, if the insurance company will not agree to a fair settlement, we will aggressively represent you at trial.

Tax Litigation

If your current circumstances involve a dispute over local, state and federal taxes, the BotkinRose attorneys have the experience and expertise to thoroughly evaluate the merits of complex tax issues and to develop creative arguments in regards to your current tax dispute. Our knowledge of local, state and federal tax law enables us to provide detailed, persuasive arguments in attempt to achieve successful results outside of the tax appeals process. If a favorable resolution of a tax controversy cannot be achieved through negotiation or settlement, our tax litigation practice attorneys have the experience to pursue your tax claim or defense in the administrative process, as well as in state and federal courts.

Wrongful Death

Losing a loved one is never easy. However, it is more painful when that loss stems from the accidental, negligent or intentional act of another. Such situations may include vehicular accidents, pedestrian hit-and-run, dangerous product accidents, workplace accidents, medical misdiagnosis and death arising from the criminal conduct of another. BotkinRose represents grieving families by filing wrongful death claims to obtain the financial support necessary to fulfill the shoes of the deceased. In successful wrongful death suits, family members may recover funeral costs and medical expenses associated with the decedent's injury, as well as the decedent's earning power as calculated over a normal life span. Family members may also recover for the loss of companionship, services and guidance.

Wills, Trusts, Estates, and Tax

BotkinRose takes an imaginative but prudent approach to help our clients increase and preserve wealth, for their own benefit and for the benefit of future generations. We have the knowledge and experience to assist clients with all aspects of wills, trusts, probate, gift/estate tax planning, and long term care planning.

Elder Law

If you are concerned about the future cost of nursing home care and medical expenses or if you have limited assets to pay for such care, we can help you with Medicaid planning and long term care insurance. Advance planning may allow you to keep more of your assets so that you can live more comfortably during your retirement. We can also assist you with filing for guardianship over an elderly family member so that you can help make care decisions if he is no longer able to care for himself.

Estate Administration

If you are involved in the administration of the estate of someone who has died, BotkinRose can guide you through the often misunderstood probate process. If you have lost a loved one and you need assistance with settling the estate, whether the loved one had a will or not, our attorneys can assist you with estate administration. If you have been appointed as an executor under a will, we can assist you with the probate process, which may include probating the will, qualifying as executor, filing an inventory and accountings with the Commissioner of Accounts, settling debts of the estate, distributing assets, etc. If you have been named as a trustee under a trust, we can assist you with administering the trust, which may include avoiding court supervision, filing trust tax returns, exercising powers of appointment, and distributing trust assets to beneficiaries.

Estate Planning

To prepare you and your family for your potential incapacity and/or death, estate planning is critical. The type of planning you need depends on your goals and concerns, your assets and how they are owned, and your family structure. This planning usually involves a power of attorney, advance medical directive, and a will. It may or may not involve a revocable living trust, an irrevocable insurance trust, or other tax planning documents. Well prepared documents mean that your loved ones can better care for you if you need assistance and also allows you to plan for the future care of your loved ones after your death. BotkinRose attorneys can make sure that your assets pass to the next generation in the most efficient and cost effective manner.

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. The top federal estate tax rate is 45%, so tax planning can create significant savings.