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Charles M. Johnson
Member
Charleston, WV
Member
Charleston, WV
Chuck has extensive experience representing businesses in all commercial matters, including health care providers, physicians and other professionals, financial institutions, energy development firms and other businesses in organizing and acquiring new businesses, complicated transactions, and agreements. His practice covers all aspects of corporate, commercial, real estate, health care and mineral and energy development matters.
Chuck represents hospitals, behavioral health facilities, nursing homes and physicians in West Virginia regarding all aspects of regulatory and corporate compliance, including HIPAA, certificate of need, rate review, managed care contracts, reimbursement disputes, licensing and fraud and abuse issues. He is routinely involved in privacy matters including compliance with HIPAA requirements and responding to large scale privacy breaches.
He also advises clients regarding formation and compliance issues for nonprofit organizations, including seeking and maintaining tax exempt status, maintaining publicly supported charity status, executive compensation and excess benefits transaction issues, and corporate governance matters.
He routinely represents and advises clients on general corporate matters, including the formation, operation, and related business planning for closely held corporations, limited liability companies and other business organizations. He counsels businesses on various state and local tax issues related to their organization and operation. He also represents businesses and individuals as to succession planning issues. He represents individuals in end of life planning.
Chuck is involved in complex commercial transactions and loans. He represents financial institutions in complex loan workouts, foreclosures, collection actions and bankruptcy proceedings. He also represents commercial developers and owners with real estate acquisition and development, leasing, financing, land use, and repossession issues. He has served as bond counsel and issuer’s counsel on several tax-free bond issuances in West Virginia.
He has represented lenders and borrowers in the financing of large scale wind and other alternative energy projects, including loan and bond financing. He frequently advises clients on complex commercial transactions, focusing on the health care, technology and the mineral and energy development industries. He has represented lenders and borrowers in small business loans. He represents clients in mergers and acquisitions, leases, joint ventures, debt financing (domestic and international) and bond financing. He also represents lenders and borrowers in distress and workout arrangements.
He advises craft brewers, wineries and distilleries as to federal and state licensure and regulatory issues.
Chuck was formerly counsel to the West Virginia Health Care Authority, responsible for certificate of need, rate review for hospitals, and financial disclosure matters.
He enjoys mountain biking, coin collecting, music, wine and craft beer tasting, gardening, history and genealogy and photography.
Health Care Innovation
Chuck represents hospitals, behavioral health facilities, nursing homes and physicians in West Virginia regarding all aspects of regulatory and corporate compliance. This includes HIPAA, certificate of need, rate review, managed care contracts, reimbursement disputes, licensing and fraud and abuse issues. He is routinely involved in privacy matters including compliance with HIPAA requirements and responding to large scale privacy breaches.
Chuck was formerly counsel to the West Virginia Health Care Authority, responsible for certificate of need, rate review for hospitals, and financial disclosure matters.
Chuck advises clients regarding formation and compliance issues for nonprofit organizations, including seeking and maintaining tax exempt status, maintaining publicly supported charity status, executive compensation and excess benefits transaction issues, and corporate governance matters.
Chuck is involved in complex commercial transactions and loans. He represents financial institutions in complex loan workouts, foreclosures, collection actions and bankruptcy proceedings. He also represents commercial developers and owners with real estate acquisition and development, leasing, financing, land use, and repossession issues. He has served as bond counsel and issuer’s counsel on several tax-free bond issuances in West Virginia.
Chuck advises craft brewers, wineries and distilleries as to federal and state licensure and regulatory issues.
West Virginia University College of Law, J.D., 1986
Harvard University, B.A., 1981, cum laude
U.S. District Court for the Southern District of West Virginia
U.S. District Court for the Northern District of West Virginia
U.S. Court of Appeals for the Fourth Circuit
West Virginia Supreme Court of Appeals
BV® Rated, Martindale-Hubbell®
Featured Case: FBT attorneys granted stay in West Virginia, ensuring continued care for over 300 children in need
West Virginia State Bar: Administrative Law, Energy Committee, Alternative Energy Subcommittees; prior service on Law and Medicine Committee, Chair (2011-2012)
Kanawha County Bar Association
American Bar Association: Member, Health Care Law Section, Administrative Law Section
West Virginia Chamber of Commerce: Member, Health Care Committee; Member, Energy Committee
American Health Lawyers Association: Long Term Care Committee; Health Information & Technology Committee; Behavioral Health Task Force
Energy and Mineral Law Foundation
West Virginia Bankers Association
West Virginia Hospital Association
West Virginia Health Care Association
West Virginia Coal Association
West Virginia Craft Brewers Guild< Associate Member
Independent Oil & Gas Association
International Association of Privacy Professionals
American Lung Association of West Virginia:
Harvard Club of West Virginia, Alumni Admissions Committee, 1999-present; Executive Committee, 2004-present; past President; Treasurer, 2018-present.
Friends of Harvard Track
Mountain State Numismatic Society, Board Member, 2017-present
River City Coin Club, Secretary and Director, 2017-present
American Numismatic Association, Member, 2017-present
Rails to Trails Conservancy, Member
Mon River Trails Conservancy, Member
New River Gorge Trail Association, Member, 2018-present
Country Roads Cyclists, Member
“Business and Regulatory Strategies for the Craft Spirits Industry to Survive the COVID-19 Pandemic,” webinar discussion participant, December 3, 2020.
“Farm to Bottle 2 Summit, Participate in Panel on Legislative Update to Craft Spirits Industry,” panel discussion participant, March 3, 2020.
“With feds in mind, WV Treasurer lawyers up on medical marijuana,” Chuck Johnson was quoted regarding banking laws and medical cannabis regulation.
“West Virginia Craft Beverage Summit, April 8, 2019,” panel discussion participant as to recent legislation affecting craft breweries, distilleries and cideries.
“Financing and Medical Marijuana,” West Virginia Legislature, Joint Committee on Health, September 17. 2018.
“Financing and Investing in the Marijuana Industry,” West Virginia State Bar 2018 Medical Marijuana Law Seminar, May 23, 2018.
“Medical Marijuana in Long Term Care–What Providers Should Do to Prepare for the Rollout,” West Virginia Health Care Association, May 7, 2018.
“Franchise Agreements in West Virginia–Outline of Legal Requirements for Craft Brewers,” West Virginia Craft Brewers Guild, April 16, 2018.
“West Virginia Medical Marijuana Law: Financing and Investing in the Medical Marijuana Industry,” West Virginia Medical Cannabis Law Conference, October 18, 2017 in Charleston, WV.
“Recovery Audit Contractors–How to Effectively Respond to RAC Audits,” Health Care Law Seminar sponsored by the WVU College of Law and the West Virginia State Bar Law and Medicine Committee on September 11, 2015 in Morgantown, WV.
“Navigating the Rapids: Certificate of Need Issues in West Virginia,” West Virginia Health Care Financial Management, May 22, 2015, Stonewall Jackson Resort.
“The Future of the Craft Beer Industry in West Virginia,”West Virginia Beer and Wine Association,Winter Meeting, February 16, 2015, Charleston, WV. Represented the West Virginia Craft Brewers Guild by serving on a panel that also included beer and wine distributors, as well as WVABCA representatives.
Roundtable Takes on Legislation, WV Beer Roads Podcast (January 2020)
Fixing our broken alcohol regulatory system: WV alcohol policy issues addressed (brilliantstream.com), WV Beer Roads Podcast (December 18, 2020)
Co-Author, “Between A Rock and a Hard Place: Growing Outdoor Recreation Businesses and Minimizing Risk,” Winter 2020 Issue West Virginia Lawyer magazine. Issue 48 Winter 2020 (calameo.com)
Greenbrier Valley Brewing Shows Off Expansion, Brilliant Stream, October 3, 2018. Chuck assists in expansion of craft brewery in West Virginia.
New Owner, New Plans at Greenbrier Valley, Brilliant Stream, August 24, 2018. FBT and Chuck assist in acquisition and expansion of craft brewery in West Virginia.
Proposed Amendment to Rule 1.2 of the Rules of Professional Conduct, West Virginia Supreme Court of Appeals, April 4, 2018. Proposed changes to the ethics rules adopted by the West Virginia Supreme Court of Appeals related to advising medical marijuana related business clients regarding compliance with West Virginia Medical Cannabis Act.
“The Rollout of Medical Marijuana in West Virginia–Challenging Legal Frontier or Barren Desert?” The West Virginia Lawyer, Spring 2018.
Proposed Amendment to Rule 1.2 of the Rules of Professional Conduct, West Virginia Supreme Court of Appeals, January 10, 2018. Chuck moved the West Virginia Supreme Court of appeals to amend the Rules of Professional Conduct to address the ethical dilemmas faced by West Virginia attorneys in representing medical cannabis related.
“Medical Marijuana Takes Root in West Virginia”, West Virginia Journal Digital Edition
“WV Celebrates Growler Fills, Brilliant Stream,” June 12, 2015. Chuck served as the lobbyist for the West Virginia Craft Brewers Guild in getting legislation passed to allow retail growler sales, to reduce licensing fees and to provide other important benefits to the craft beer industry in West Virginia.
“Tomblin Signs Craft Beer, Tourism Legislation,” Charleston Gazette-Mail, May 11, 2015. Chuck was involved in West Virginia Craft Beer Legislation.
“Craft Beer Bill Advances to Judiciary Committee,” Charleston Gazette-Mail, February 11, 2015. Chuck was involved in West Virginia Craft Beer Legislation.