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Attorneys

Contact Information

411 East Franklin Street
Suite 600
Richmond, Virginia 23219-2200
(804) 697-2070
(804) 697-2170 (fax)
Email Me
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Current Employment Position(s):

Shareholder and Director and Head of the Corporate Transactional Group

Areas of Practice:

  • Corporate and Business Transactions
  • Commercial Real Estate
  • Land Use and Zoning Law and Litigation
  • Construction Law and Litigation
Bar Admissions:

  • Virginia, 1986
  • U.S. District Court Eastern District of Virginia, 1986
  • U.S. Bankruptcy Court Eastern District of Virginia
J. Thomas O'Brien, Jr. 

For more than 20 years, Tom O'Brien, who serves as head of Spotts Fain's Corporate Transactional Group,  has represented clients in commercial, business and real estate transactions, including mergers and acquisitions of closely held businesses and the acquisition, development, financing, leasing, construction and sale of shopping centers, office buildings, office parks, and mixed-use projects and residential developments. He also handles land use and zoning matters, including land use litigation.  Representative transactions (typically in the $2 million to $15 million transaction value range) include:

  • Represented sellers in sale of stock of closely held medical services company to venture fund
  • Represented shareholders in sale of two related closely held companies servicing the coal industry to a venture fund
  • Represented closely held contractor servicing various state and federal agencies in sale of its assets to a private venture fund
  • Represented purchaser in acquisition of "Big Three" car dealership
  • Represented large mechanical contracting company in sale of assets to Fortune 100 corporation
  • Represented closely held graphics company in sale of assets to a venture fund
  • Represented purchaser in acquisition of assets from a closely held boat dealership
  • Represented U.S. entity in sale of a European subsidiary to a NYSE venture fund
  • Routinely represents owners of closely held businesses in contentious "business divorces"
  • Mixed property development - represented developer of large residential development containing single family homes, townhouses and condominium neighborhoods including multi-tiered property owner associations and condominium regimes
  • HUD 221(d)(4) financings - represented developer / borrower in development of 136 unit apartment complex, 182 unit apartment complex and 150 unit apartment complex
  • SBA Financing - routinely represents buyers of closely held businesses securing acquisition financing, including SBA 7(A) and SBA 504 loans
  • Zoning of independent living apartments for seniors - represented developer of an age-restricted apartment facility with 240 units
  • Represented many clients before zoning boards and commissions in the counties of Henrico, Chesterfield, Hanover, Goochland and the City of Richmond

    Tom earned his B.S. in Commerce from the University of Virginia in 1982. He earned his J.D. cum laude from the T.C. Williams School of Law at the University of Richmond in 1986.  He is a member of the Richmond and Virginia Bar Associations, and he served as Chairman of the Real Estate Section of the Richmond Bar Association from 1994 to 1995. Tom has served on the Board of Directors and is past President of Richmond Metropolitan Habitat for Humanity.

  • Education:
    • University of Richmond, The T.C. Williams School of Law, Richmond, Virginia, 1986
      J.D.
      Honors: Cum Laude
      Honors: Chancellor, McNeill Law Society
      Law Review: University of Richmond Law Review, Member

    • University of Virginia, Charlottesville, Virginia, 1982
      B.S.
      Major:  Accounting and Commerce

    Fraternities/Sororities:
    • Phi Delta Phi
    Professional Associations and Memberships:
    • Virginia Bar Association
    • Richmond Bar Association, Real Estate Section
      Member
    • Richmond Bar Association, Real Estate Section, 1994 - 1995
      Chairman
    Past Employment Positions:
    • Menin Development Companies, Inc., General Counsel

    • Hunton & Williams, Associate

    Birth Information:

    1959, Richmond, Virginia, United States of America

    October 5, 2010 - Mike Rothermel will speak at a seminar in Richmond, Practical Guide to Zoning and Land Use Law

    August 20, 2010 - Michael Yager, a Legal Assistant in our Litigation Section, spoke at a NALA LIVE! presentation on electronic discovery, "E-Discovery - Slow Down the Train" 

    August 5, 2010 - Four Spotts Fain lawyers named in Best Lawyers in America, Meade Spotts, Hugh Fain, Robert Chappell and Dana McDaniel.

    August 2, 2010 - Spotts Fain attorney, Lee Stephens assisted clients with first Fort Pickett Army Compatible Use Buffer (ACUB) conservation easement held by a State agency.

    July 28, 2010 - Lessons on Charitable Conservation Contributions from Schneidelman v. Commissioner, by Robert Allen and Lee Stephens.

    July 2010 - Spotts Fain congratulates Brian Marron, who begins his term as President of the Greater Richmond Bar Foundation.

    July 9, 2010 - 'Much Ado About Nothing' - Bilski v. Kappos, by Bob Barrett.

    June 23, 2010 - We are proud to announce that six Spotts Fain lawyers were named in the Virginia Super Lawyers list for 2010 and six named Virginia Rising Stars.

    June 21, 2010 - Section 1031 Update - Exchange Facilitators Act is effective July 1, 2010, by John Anderson

    June 19, 2010 - You may be required to notify your employees of their right to join a union, by Betsy Davis.

    June 15, 2010 - Spotts Fain Creditors' Rights lawyers spoke at a Virginia Association of Community Banks Teleseminar on Bankruptcy and Collections

    May 24, 2010 - Virginia Supreme Court Affirms Circuit Court Decision Confirming Arbitration Award in Dispute Involving a Limited Liability Company, by Andrew Oxenreiter and John Anderson.

    May 18, 2010 - Health Care Reform - Priorities for Employers 2010 by Elliot Fitzgerald

    May 13, 2010 - Mark With Care: The Rise of § 292 False Patent Marking Lawsuits, by Bob Barrett.

    April 23, 2010 - Business people should be aware of the consequences for violating the Foreign Corrupt Practices Act (FCPA).

    April 23, 2010 - Bob Barrett presented The $612.5 Million Question: How to protect your intellectual property at the Greater Richmond Chamber.

    April 7, 2010 - The Spotts Fain Intellectual Property Team welcomes Bob Barrett to our growing practice group.

    April 1, 2010 - We are very pleased to announce that Connell Mullins has been elected a shareholder of the firm and Deborah Fourness has been elected a director. 

    January 27, 2010 - We are proud to announce that Spotts Fain Managing Director, Hugh M. Fain, III has been elected Chair of the Board of Governors of the Virginia Bar Association

    Spotts Fain Consulting