Practice focuses on corporate and business matters involving representation of closely held and family businesses and individuals relationships to the entities. Areas of specialization include:

• Appropriate entity form and formation
• Governance issues
• Employment law, non-compete covenants, severance packages
• Exit strategies and succession planning
• Mergers and acquisitions

Mr. Birken is a frequent speaker on the subjects of business Professional and Civic Involvement, shareholder agreements, business sale transactions and lawyer ethics.

Representative Experience

Mergers and Acquisition Transactions

• Represented CEO and shareholder in the sale of lobbying firm
• Represented principals and entity in the sale of financial planning entity to an American subsidiary of foreign financial institution, including employment issues and earn out provisions
• Represented one of two principal shareholders in the acquisition of government contractor by publicly traded entity
• Represented management group in the purchase of a division of a government contractor
• Represented firm and sole shareholder in the merger of accounting firms, including employment issues
• Represented law firms in merger transactions with larger, multi state law firms
• Represented individual physician in sale of his group practice
• Represented the insurance agency and estate of deceased sole shareholder of the agency in the sale of the agency to publicly traded entity
• Represented the owners of a privately held heavy construction company in the sale of its assets to a competitor, involving over 300 pieces of equipment and employment contract issues
• Represented privately held distribution company in the sale of a division to a publicly traded entity

Individual Employment Representation

Represented various executives in severance negotiations and contracts with various public and private enterprises in the government contracting, telecommunications, associations and professional services industries.

Education and Background

• J.D. (with honors), The George Washington University School of Law (1972)
• L.L.M The George Washington University School of Law (1974)
• B.A. The George Washington University (1969)

Bar/Court Admissions

• Virginia (1972)
• District of Columbia (1973)
• U.S. District Court for the District of Columbia (1973)
• U.S. District Court for the Eastern District of Virginia (1974)
• United States Supreme Court (1977)

Professional and Civic Involvement

• Fairfax County Chamber of Commerce
Chairman (1994-1995)
Vice-Chairman (1993-1994)
Secretary (1992-1993)
General Counsel (1989-1992)
Board of Directors (1987 to present)
• American Red Cross, National Capital Chapter
Board of Directors (1989-1994)
• Fairfax Bar Association
President (1991-1992)
• 10th District Grievance Committee, Virginia State Bar (1984-1987)
• Standing Committee on Lawyer Discipline, Virginia State Bar (1987-1992)
Chair (1991-1992)
Vice-Chair (1989-1991)
• Council of the Virginia State Bar, 19th Judicial Circuit (1993-1999)