Overview
Burke, Warren, MacKay & Serritella's Government and Regulatory law practice encompasses various industries and services surrounding governmental entities— including public finance, real estate tax appeals, health care, zoning, eminent domain, land use and entitlements. Our attorneys have extensive experience advising, guiding and representing clients in the areas where law, business and government interact.
Whether providing counsel in federal, state or local government administrative proceedings, our attorneys can assist you in licensure or regulatory compliance, facilitating direct communications with public officials and decision makers, or in the many other challenges presented in dealing with government. In addition, our attorneys remain active in federal and state politics and appear routinely before government agencies and public service. As a result of our collective experience working in and with the government, we provide our clients with valuable insight in the many aspects of regulatory and legislative processes.
Zoning, Land Use and Entitlements
The attorneys in Burke Warren’s Real Estate Practice group have handled numerous land use matters in the City of Chicago and surrounding area. We have multiple contacts in various municipalities and counties who can help our clients through the zoning process and assist in obtaining available entitlements to support their projects. We represent clients in obtaining planned development and subdivision approvals. We work with our clients to obtain tax increment financing (TIF) and sales tax rebate agreements from local governments in the Chicago metropolitan area as well as outside the State of Illinois.
The use and development of private property is subject to ever-increasing regulation by all levels of government. Burke Warren’s Land Use and Zoning practice assists clients in taking development plans through the complexities of the regulatory process. Our attorneys have obtained governmental approvals from the City of Chicago and scores of suburban jurisdictions, enabling clients to construct projects, large and small, of every type and style. In addition, our attorneys have secured approvals for unique rehabilitation projects and have assisted public utility clients in the expansion of their service networks. Our attorneys have also acted as chairs of and counsel to municipal zoning authorities, land use counsel on behalf of the City of Chicago, the Chicago Park District, various counties and municipalities in northern Illinois, and the Metropolitan Water Reclamation District.
Public Finance
Burke Warren’s public finance attorneys serve as bond counsel, underwriter’s counsel, disclosure counsel, issuer’s counsel, bank counsel and borrower’s counsel to state, county and municipal governments, their agencies and authorities, and school and other special-purpose districts throughout Illinois.
Our team regularly partners with our clients to provide new financing techniques to meet their changing needs, including derivative products, sales of redemption rights, forward-purchase agreements and portfolio substitutions, bond bank programs and split delivery transactions. Clients seek us out for our experience in the area of tax-exempt financing for health care and cultural facilities and utility systems. Our attorneys serve as underwriter's counsel, bond counsel and borrower's counsel to health care institutions, hospital systems, charter schools and nonprofit cultural institutions.
Real Estate Tax Appeals
Burke Warren’s real estate tax practice ensures that our clients pay the minimal amount of property taxes required by law through appealing assessments and identifying other tax-savings opportunities. Our services include reviewing and appealing annual assessments, obtaining property tax exemptions, obtaining state and local property tax incentives, and challenging property tax levies. We have extensive experience representing commercial, industrial, and multifamily residential property owners in Cook County and the surrounding collar counties, as well as nationally. We also offer experienced counsel on the real estate tax aspects of complex purchase and leasing transactions.
Health Care
Our attorneys have significant expertise in regulatory and compliance matters, including fraud and abuse compliance, state and federal anti-kickback and anti-referral laws, conflict of interest disclosure and management processes, corporate practice and fee splitting, and privilege and confidentiality issues. We work closely with our clients to provide effective guidance necessary to successfully address the business and legal challenges of these complex laws. Our areas of focus include:
- Guidance on appropriate structure of transactions and contractual arrangements to minimize fraud and abuse risk
- Guidance on payment structures, including GPO and PBM administrative fees, client credits, rebate and discount payments, and service fee arrangements
- Guidance on implications of various sales and marketing practices, including customer incentive and retention programs and physician office interactions
- Development of corporate compliance programs, policies, and codes of conduct
- Guidance on HIPAA and HITECH compliance
- Guidance on privilege and confidentiality issues uniquely applicable to mental health records and communications
- Compliance training for in-house legal departments and their business counterparts
- Internal compliance audits and guidance on the best manner to address audit findings
- Appropriate and effective handling of cases alleging staff negligence or misconduct