Brian K. Jackson

Experience

Representative Commercial and Residential Real Estate Experience

• Representation of developers in public-private economic development projects.
• Negotiation and documentation of real estate sales and acquisitions for commercial, office and mixed-use projects.
• Negotiation and drafting shopping center development agreements, operating and easement agreements, restrictive covenants and joint site work agreements.
• Negotiation and drafting office, residential and retail leases, as well as real estate development agreements.
• Representation in zoning and other land use matters involving local municipalities, community groups, and neighborhood associations.
• Management of due diligence activities in connection with feasibility studies for acquisitions.
• Handling government relations matters for developers and construction companies.

Representative Land Use and Zoning Development Experience

• Routinely handles rezoning, special use permits, and other land use entitlement matters.
• Serve as outside real estate counsel for a large publicly-traded multi-state corporation, handling acquisitions, dispositions, easements, development agreements, leases, and related real estate matters.
• Led a Hirschler team serving as legal counsel for a Chicago-based national real estate developer for the land acquisition and development of an office tower in downtown Richmond. The project was a public-private partnership ('P3') with the City of Richmond and its Economic Development Authority, comprising an 18-story office tower with 315,000 square feet of office space, 14,000 square feet of retail space and more than 500 parking spaces. Total project costs exceeded $115 million. In addition to coordinating the representation and involvement in all legal aspects of the project, Brian also handled the government relations and public-private partnership components.
  • Acquisition of multiple land parcels
  • Closure and vacation of a public street
  • Creation of a commercial condominium and ground lease structure
  • Master development agreement involving the City of Richmond, the developer, lender, and the City’s Economic Development Authority
  • Various contracts, easements, real estate purchase and sale agreements, creation of a commercial condominium structure, escrow agreements, etc.
  • Negotiating Minority Business Enterprise goals with the City of Richmond
  • Legal and government relations work required for the acquisition of multiple land parcels and nine separate ordinances for the overall development (all passed with 9-0 votes)
• Handled the acquisition and disposition of multiple retail shopping centers, outparcels, and two medical office buildings for a single out of state client investor.  The properties are located in Maryland and Virginia.
• Represented Lynx Real Estate Development on various land use issues related to a $68 million mixed-use development in the Manchester neighborhood of the City of Richmond. Brian created a public private partnership proposal for a Synthetic TIF (tax increment financing), which allows Lynx to recoup 80 percent of the real estate taxes paid on the development in exchange for providing public certain amenities, such as parking. The TIF will amount to roughly $485,000 annually over the next decade.  
• Successfully represented a local development company in a protracted rezoning case and development agreement negotiations with the City of Richmond. Brian led the negotiation and drafting of the development agreement with the City of Richmond, which included an exchange of City-owned land, resolution of various access, easement, and title disputes, and the replacement of an outdated bridge over a canal.  Despite opposition from local neighborhood and civic organizations, Brian prepared a compelling rezoning case with proffers to shift the property from Riverfront (City of Richmond) zoning to Central Business District zoning, allowing an increase in height from six stories to sixteen stories.
• Represented national developer as local counsel in a $96 million dollar public-private redevelopment project involving a first-of-its-kind development agreement with a State university.  Under a 50-year ground lease and operating agreement, the developer designed, built, financed, and operates a new 12-story residence hall.

Representative Business and Outside General Counsel Experience

• Led a cross-practice Hirschler team in the representation of a local client in a multi-million dollar acquisition and merger transaction involving a Richmond-based marketing firm, a media production company, and an international marketing firm.  The Hirschler team handled the acquisition process, intellectual property issues, tax matters, the formation of the new entity, and negotiating and drafting the various deal documents and handling the resulting employment issues, including drafting severance and employment agreements.
• Provides outside general counsel services to various clients including: (i) a Richmond-based marketing and advertising firm with a multi-jurisdictional client base; (ii) a Richmond-based food manufacturer and distributor; (iii) a heavy equipment distributor and dealership; and (iv) a Richmond-based advertising media company. Work for these clients includes advice and counsel to the CEO on various legal issues, handling all contract review and drafting, creating standardized forms and legal procedures, lease negotiations and other commercial real estate matters, day-to-day employment matters, including employment agreements, workplace policies, harassment, and other compliance training.
• Represents several non-profit organizations as outside general counsel for services including contract review and drafting and frequent advice and counsel to the organizations’ executives and senior staff on issues involving contracts, employment, retail sales, vendor agreements, and liability concerns.
• Counseling business managers on day-to-day legal issues across various corporate departments.
• Development of standardized forms and legal procedures for corporate departments.
• Extensive experience negotiating, drafting, and reviewing complex commercial agreements and corporate transactions, including vendor contracts, asset purchase agreements, joint ventures, and product sales.
• Counseling owners and managers on employment issues, including hiring practices, Equal Employment Opportunity (EEO) compliance, accommodating disabilities, termination of employees, drafting work-place policies, conducting misconduct investigations, and drafting employment, consulting and non-competition agreements.
• Due diligence for commercial transactions.
• Primary responsibility for establishing a joint venture to create (and majority own) a de novo federal savings bank.
• Represents West Cary Group.

Representative Government Relations and Advocacy Experience

• Capitalizing on his Richmond-based contacts and a strong advocacy campaign, successfully represented a client in a local government effort to repeal part of an economic development deal granted to the client. The client’s rights were preserved by a 7-2 vote to reject the proposed ordinance.
• Appointed by Richmond Mayor to a team that performed a comprehensive review of City Hall departments. Responsibilities included reviewing the Department of Planning and Development, the Department of Economic and Community Development and the Department of Minority Business Development.
• Represents a local company in community and government advocacy efforts in connection with a highly controversial application for designation of a historic district to the National Register of Historic Places (in order to qualify for state and federal tax credits).

In addition to his law firm experience, Brian served as Vice President and General Counsel for Ukrop’s Super Markets, Inc., a multi-division company that included retail, manufacturing, and a bank holding company.  He is a former Substitute Judge for the Commonwealth of Virginia and President of the Virginia Board of Bar Examiners, the Virginia licensing authority for attorneys responsible for ascertaining the qualifications of applicants and drafting, administering, and grading the bar examination.

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